HomeMy WebLinkAbout01-0007 FX
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND
CIVIL DIVISION
COUNTY, PENNSYLVANIA
Plaintiff(s) & Address(es):
James Harnish
14144 Fairview Road
Clear Spring Maryland 21722
Nationwide Mutmall Insurance
P.O. Box 26~~ Harrisburg PA 17105
vs. :
File No. ()I - OJ
fLoJ"F~
Civil Action -
Defendant(s) & Address(es):
:
James D. Tomlinson
8011 Cooke Road
Elkins Park, PA 19027
:
(Please see attached for more)
PRAECIPE FOR SUMMONS
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue summons in
in the above case.
Civil A.r+inn
1 Writ of Summons shall be issued and forwarded to2Mi
PLEASE RETURN FOUR WRITS OF SUMMONS TO THE
ATTORNEY FOR SERVICE BY MAIL
L. Paul Johnston, ~r
P.O. Rox 1QQ'i
A]]An~nwn. pn lRln~
(610J 417 'i001
Name/Address/Telephone Number of Attorney
Supreme Court 10 Number 68774
Date:December 29, 2000
* * * * *
SUMMONS IN CIVIL ACTION
TO: ......J~ YY\~S' U. ~Y'Y16: 1<'/\0\ 'I
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE
YOU.
1V1l Division
Date:-l::J, ")~I'.) '-( ..<, 200 1_
-by
L2 (h , ~ P 7tr/J-Ot., \
Deputy
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Defendants continued:
Pacific Business Connections
2155 E. Oliver Holmes Rd.
Colton, CA 92324
Sabino Landaverde
16710 Eric Avenue
Artesia, CA 90701
Cardinal Freight Carriers, Inc.
Van Dam Rd.
Bldg. 8C3
South Holland, IL 60473
Gary Allan Jansen
150 E. Washington Street
Lake Helen, FL 32744
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SHERIFF'S RETURN - OUT OF COUNTY
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CASE NO: 2001-00007 P
CQMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARNISH JAMES
VS
NATIONWIDE MUTUAL INSURANCE
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:
TOMLINSON JAMES D
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of MONTGOMERY
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On January
22nd , 2001 , this office was in receipt of the
attached return from MONTGOMERY
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Montgomery
18.00
9.00
10.00
33.00
.00
70.00
01/22/2001
L. PAUL JOHNSTON,
Co
so;Z;~
R.~ Kline
Sheriff of Cumberland County
JR. , ESQ.
Sworn and subscribed to before me
this .Q<{,I!- day of ~
;2.o-v/ A. D.
~ c.. /J,U.li;A / . A ~":t<J
Prothonotary
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~ In;lnu~ Court of Common Pleas of Cumberland County, Pennsylvania
,Tames Harnish, et. al. \ __q
vs. !til
James D. Tomlinson, et. al. ~
Serv~ JamOes ~ T;P')'Jinson No. 2001-07 Civil
~"" e~~I~OO~.r~ It! (J~1 LASTDAYFORSERVICSe2/;;;;u..r;;
~ Now, 1{2{01 ,200C,I,SHERIFF OF CUMBERLAND COUNTY,PA,do
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~ hereby deputize the Sheriff of Mon t gomery
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County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
..~~~t
Sheriff of Cumberland County, PA
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AFFID.SER/FORMS/4/3/01 LPJ:mdr
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES HARNISH and NATIONWIDE
MUTUAL INSURANCE,
No.: 01-07 Civil Term
Plaintiffs,
vs.
JAMES D. TOMLINSON, PACIFIC
BUSINESS CONNECTIONS, SABINO
LANDAVERDE, CARDINAL FREIGHT
CARRIERS, INC. and GARY ALLAN
JANSEN,
CIVIL ACTION
Defendants.
AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 403(1) and 404(2)
I, L. PAUL JOHTONSN, JR., ESQUIRE, Attorney for the
Plaintiffs, being duly sworn and according to law, depose and say
that I served the Complaint for the above-captioned matter on
DEFENDANT PACIFIC BUSINESS CONNECTIONS pursuant to Pa.R.C.P.
403(1) and 404(2) governing service of legal papers other than
original process, by mailing a copy of said Complaint by
certified mail to Defendant, on the 8th day of January, 2001, to
their known address of 601 S. Hunts Lane, Colton, CA 92324. A
Date:
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ereto, marked
copy of the certified mail
Exhibit nAn, and are made a par
SWORN TO AND SUBSCRJ;BED
BEFORE ME THIS ().C
DAY OF April, 2001.
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Attorney I.D. No. 68774
1144 W. Hamilton St., P.O. Box 1995
Allentown, PA 18015-1995
(610) 437-5001
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AFFID.SERjFORMSj4j3j01 LPJ:mdr
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES HARNISH and NATIONWIDE
MUTUAL INSURANCE,
No.: 01-07 Civil Term
Plaintiffs,
vs.
JAMES D. TOMLINSON, PACIFIC
BUSINESS CONNECTIONS, SABINO
LANDAVERDE, CARDINAL FREIGHT
CARRIERS, INC. and GARY ALLAN
JANSEN,
CIVIL ACTION
Defendants.
AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 403(1) and 404(2)
I, L. PAUL JOHTONSN, JR., ESQUIRE, Attorney for the
Plaintiffs, being duly sworn and according to law, depose and say
that I served the Complaint for the above-captioned matter on
DEFENDANT CARDINAL FREIGHT CARRIERS, INC. pursuant to Pa. R. C. P.
403 (1) and 404 (2) governing service of legal papers other than
original process, by mailing a copy of said Complaint by
certified mail to Defendant, on the 8th day of January, 2001, to
their known address of Van Dam Road, Building 8C3, South Holland,
IL 60473.
A copy of the
are attached
hereto, .marked Exhibit "A",
Date:
,,/.,/'^.
I ,
NS N, JR., ESQUIRE
At rne or Plaintiffs
Attorney I.D. No. 68774
1144 W. Hamilton St., P.O. Box 1995
Allentown, PA 18015-1995
(610) 437-5001
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 3r6
DAY OF April, 2001.
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AFFID.SERjFORMSj4j3j01 LPJ:mdr
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES HARNISH and NATIONWIDE
MUTUAL INSURANCE,
Plaintiffs,
vs.
JAMES D. TOMLINSON, PACIFIC
BUSINESS CONNECTIONS, SABINO
LANDAVERDE, CARDINAL FREIGHT
CARRIERS, INC. and GARY ALLAN
JANSEN,
Defendants.
No.: 01-07 Civil Term
CIVIL ACTION
AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 403(1) and 404(2)
I, L. PAUL JOHNSTON, JR., ESQUIRE, Attorney for the
aintiffs, being duly sworn and according to law, depose and say
that I served the Complaint for the above-captioned matter on
DEFENDANT SABINO LANDAVERDE, pursuant to Pa.R.C.P. 403(1} and
404 (2) governing service of legal papers other than original
process, by mailing a copy of said Complaint by regular mail to
Defendant, on the 8th day of January, 2001, to his known address
of 16710 Eric Avenue, Artesia, CA 90701.
I further depose and
say that at least fifteen (15) days have elapsed therefrom during
which time the correspondence has not been returned to sender. A
copy of the service letter is attached
"A", and is made a part hereof.
Date:
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0, marked Exhibit
L. AUL HNSTON, JR., ESQUIRE
Atto y for Plaintiffs
Attorney I.D. No. 68774
P.O. Box 1995
Allentown, PA 18015-1995
(610) 437-5001
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LAw OFFICES
L. PAUL JOHNSTON. JR.
MAILING A.DDRE..
P.O. Box 1995
A~LENTOWN,PA. '8105
www.LAWVERS.COM/LPJESQ
LP.JJRESQ_/tOL.COM
(810) 437.&001
FAX (610) 437-&190
January 8, 2001
sabino Landaverde
16710 Eric Avenue
Artesia, CA 90701
Re: Harnish et al. vs. Tomlinson et al.
CCP. cumberland Countv No.: 01-07 Civil Term
Dear Sabino Landaverde:
Enclosed please find a Writ of Summons with regard to
the above-captioned matter.
We are serving same upon you pursuant to applicable
rules of Civil Procedure.
LPJ:mdr
STON, JR.
Enclosure
cc:
Mr. Randy Rulapaugh
Claim No.: 52 19 A 772844 01021999 01
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AFFID.SERjFORMSj4j3j01 LPJ:mdr
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMES HARNISH and NATIONWIDE
MUTUAL INSURANCE,
No.: 01-07 Civil Term
Plaintiffs,
vs.
JAMES D. TOMLINSON, PACIFIC
BUSINESS CONNECTIONS, SABINO
LANDAVERDE, CARDINAL FREIGHT
CARRIERS, INC. and GARY ALLAN
JANSEN,
CIVIL ACTION
Defendants.
AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 403(1} and 404(2)
I, L. PAUL JOHNSTON, JR., ESQUIRE, Attorney for the
aintiffs, being duly sworn and according to law, depose and say
that I served the Complaint for the above-captioned matter on
DEFENDANT GARY ALLAN JENSEN, pursuant to Pa.R.C.P. 403 (I) and
404 (2) governing service of legal papers other than original
process, by mailing a copy of said Complaint by regular mail to
Defendant, on the 8th day of January, 2001, to his known address
of 150 E. Washington Street, Lake Helen, FL 32744.
I further
depose and say that at least fifteen (15) days have elapsed
therefrom during which time the correspondence has not been
returned to sender.
A copy of the
hereto, marked Exhibit
attached
Date:
111/0 I
I
ON, JR., ESQUIRE
Att ne r Plaintiffs
Attorney I.D. No. 68774
P.O. Box 1995
Allentown, PA 18015-1995
(610) 437-5001
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LAw OFFICE.
L. PAUL JOHNSTON. JR.
MAILING ADDRUS
P.O. Box 1991S
ALLENTOWN. PA. '8' 05
WWW.LAWYERS.COMJLPJESQ
LPJJRESQOAOLoCOM
(6'0) 437-8001
FAX (6'0) 437-5190
January 8, 2001
Gary Allan Jansen
150 E. wahsington Street
Lake Helen, FL 32744
Re: Harnish et al. vs. Tomlinson et al.
CCP. Cumberland Countv No.: 01-07 Civil Term
Dear Gary Allan Jansen:
Enclosed please find a Writ of summons with regard to
the above-captioned matter.
We are serving same upon you pursuant to applicable
rules of Civil Procedure.
LPJ:mdr
JR.
Enclosure
cc: Mr. Randy Rulapaugh
Claim No.: 52 19 A 772844 01021999 01
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E. ALFRED SMITH & ASSOCIATES
E. Alfred Smith, Esquire
Identification No. 03291
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
(215) 569-8422
NATIONWIDE MUTUAL INSURANCE CO.:
A/S/O James M. Harnish
P. O. Box 2655
Harrisburg, PA 17105
and
JAMES M. HARNISH
14144 Fairview Road
Clear Spring, MD 21722
plaintiff
v.
JAMES D. TOMLINSON
8011 Cooke Road
Elkins Park, PA 19027
and
PACIFIC BUSINESS CONNECTIONS
601 S. Hunts Lane
Colton, CA 92324
and
CARDINAL FREIGHT CARRIERS, INC.:
Van Dam Road-Bldg. 8C3
South Holland, IL 60473
and
GARY ALLAN JENSEN
150 E. Washington Street
Lake Helen, FL 32744
and
SABINO LANDAVERDE
16710 Erie Avenue
Artesia, CA 90701
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
Cumberland County, PA
CIVIL ACTION - LAW
01-07 - CIVIL TERM
COMPLAINT
The Plaintiff, Nationwide Mutual Insurance Company
1 .
(hereinafter referred to as Nationwide), is an insurance carrier
licensed and authorized to perform business in the Commonwealth
of Pennsylvania and various states.
2. The Plaintiff, James Harnish, is an adult individual.
3. The Defendant, James D. Tomlinson, is an adult
individual living at 8011 Cooke Road, Elkins Park, PA 19027.
4. The Defendant, Pacific Business Connections, is a
business entity located at 601 S. Hunts Lane, Colton, CA 92324.
5. The Defendant, Cardinal Freight Carriers, Inc., is a
corporation located at Van Dam Road, Building 8C3, South Holland,
IL 60473.
6. The Defendant, Gary Allan Jensen, is an individual
residing at 150 E. Washington Street, Lake Helen, FL 32744.
7. The Defendant, Sabino Landaverde, is an individual
residing at 16710 Eric Avenue, Artesia, CA 90701.
8. On or about January 2, 1999 Plaintiff James M. Harnish
maintained a personal auto policy with Plaintiff Nationwide
Mutual Insurance Company.
9. On or about January 2, 1999 Defendant James D.
Tomlinson was operating a white van going north on SR81 in
CUmberland County when he passed a tractor-trailer and was
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returning to the right lane when he encountered some slush or
other substance in the road, which caused his vehicle to spin and
go off the highway onto the right or eastern berm of SR81, all of
which caused the tractor trailer of Defendant, Cardinal Freight
Carriers, Inc., being operated by Defendant Gary Allan Jensen and
also going north on SR81 to take evasive action which caused his
trailer to jack-knife. The tractor-trailer of Defendant, Pacific
Business Connections, Inc. being operated by Defendant, Sabino
Landaverde, and also going north on SR81 struck the left side of
the tractor-trailer of Cardinal Freight Carriers, Inc., and both
tractor-trailers went out of control and went off onto the median
strip. The trailer of Cardinal Freight Carriers, Inc. struck the
automobile being driven by Plaintiff, James M. Harnish, which was
travelling south in the left lane of SR81.
10. As the result to the negligence of the Defendants the
Plaintiffs sustained property damage in the amount of $8,016.50
which includes the insured's deductible.
11. The negligence, recklessness and/or carelessness of the
variQus Defendants consisted of the following:
A. Failing to make proper observations;
B. Failing to have their vehicles under
proper control;
C. Failing to operate their vehicles properly
in view of the prevailing road conditions;
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D. Failing to maintain a proper lookout;
E. Attempting to pass when the conditions
didn't permit it to be done safely;
F. Permitting their vehicles to go on the
median strip;
G. Striking a vehicle lawfully upon the
highway;
H. Operating a vehicle at a speed unsafe for
conditions; and
I. Other such negligence as developed through
continuing discovery and trial of this
matter.
12. The Plaintiff Nationwide Mutual Insurance Company is
subrogated to the Plaintiff James M. Harnish.
13. As a result of defendants' negligence Nationwide was
required by the terms of its policy to pay, and it did pay,
$7,845.50 to James M. Harnish to reimburse him for the loss of
his car, which had a salvage value of $79.00. Its insured, James
M. Harnish, paid a $250.00 deductible, which Nationwide is
obliged to recover on his behalf.
14. As a result of defendants' negligence Nationwide
suffered damages of $7,845.50 and its insured suffered damages of
250.00.
.~, .':-
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II
WHEREFORE, the plaintiffs demand judgment against the
Defendants, James D. Tomlinson, Pacific Business, Connections,
Cardinal Freight Carriers, Inc. and Sabino Landaverde and Gary
Allan Jensen in the amount of $8,016.50 plus court costs.
E. ALFRED SMITH & ASSOCIATES
A
. Alfred smith
Attorney for Plaintiff
~~,
,
II
VERIFICATION
The averments or denials of facts contained in the foregoing
pleading are true based upon the signer's personal knowledge or
information and belief.
If the foregoing contains averments
which are inconsistent in fact, signer has been unable, after
reasonable investigation, to ascertain which of the inconsistent
averments are true, but signer has knowledge or information
sufficient to form a belief that one of them is true. This
verification is made subject to the penalties of 18 Pa.C.S. s4904
relating to unsworn falsification to authorities.
Date: (vrf---
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# .. ,
JOHN GERARD DEVLIN 8& ASSOCIATES, P.C.
John Gerard DevUn, Esquire
Atty.I.D. '32858
Howard D. Kauffman, Esquire
Atty.I.D. '38963
100 Pine Street/Suite 260
Harrisburg, PA 17101
(717) 720-0700
Counsel for: Defendants
Pacific Business Connections
8& Sabino Landaverde
NATIONWIDE MUTUAL INSURANCE
A/S/O James M. Harnish
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: No. Ol-07-Civil Tei'Dl
and
JAMES M. HARNISH
Plaintiff
: CIVIL ACTION - LAW
v.
: JURY TRIAL DEMANDED
JAMES D. TOMLINSON
and
PACIFIC BUSINESS CONNECTIONS
and
CARDINAL FREIGHT CARRIERS, INC.,
and
GARY ALLAN JENSEN
and
SABINO LANDA VERDE,
Defendants
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Howard D. Kauffinan, Esquire of the Law Offices of John
Gerard Devlin & Associates, P.C., as counsel for Defendants, Pacific Business Connections
and Sabino Landaverde in the above-captioned matter.
Respectfully submitted,
JOHN GERARD DEVLIN & ASSOCIATES, P. C.
BY Ho~
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JOHN GERARD DEVLIN 11& ASSOCIATES, P.C.
John Gerard DevUn, Esquire
Atty. I.D. 1132858
Howard D. KauffmAn, Esquire
Atty. I.D. 1138963
100 Pine street/Suite 260
Harrisburg, PA 17101
(7171 720-0700
NATIONWIDE MUTUAL INSURANCE
A/S/O James M. Harnish
Counsel for: Defendants
Pacific Business Connections
11& Sabino Landaverde
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: No. Ol-07-Civil Term
and
JAMES M. HARNISH
PlaintilI
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
v.
JAMES D. TOMLINSON
and
PACIFIC BUSINESS CONNECTIONS
and
CARDINAL FREIGHT CARRIERS, INC.,
and
GARY ALLAN JENSEN
and
SABINO LANDA VERDE,
Defendants
CERTIFICATE OF SERVICE
\a~
AND NOW, this -LL day of February, 2002, I, Howard D. Kauffinan, Esquire, counsel
for Defendant, aflinn that I served the foregoing Entry of Appearance on behalf of Defendants
Pacific Business Connections and Sabino Landaverde by depositing same in the United States
Mail, postage prepaid in Harrisburg, Pennsylvania addressed to:
E. Alfred Smith, Esquire
E. ALFRED SMITH & ASSOCIATES
1333 Race Street, 2nd Floor
Philadelphia, P A 19107
Counsel for Plaintiff
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Thomas Brenner, Esquire
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108
Counsel for Defendants
Cardinal Freight &
Gary Allan Jansen
James D. Tomlinson
8011 Cooke Road
Elkins Park, PA 19027
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GOWBERG, KATZMAN & SIDPMAN, P.C.
Thomas E. Brenner - #32085
Attorneys for Defendants
320 Market Street
Post Office Box 1268
lIancisburg,Pennsylvania 17108-1268
(717) 234-4161 ,
NATIONWIDE MUTUAL INSURANCE :
CO. AlSIO James M. Harnish and
JAMES M. HARNISH
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
v. No. 01-07 - Civil Term
JAMES D. TOMLINSON,
PACIFIC BUSINESS CONNECTIONS,
CARDINAL FREIGHT CARRIERS, INC.:
GARY ALLAN JANSEN and SABINO CIVIL ACTION - LAW
LANDA VERDE
Defendants
ENTRY OF APPEARANCE
Please enter the appearance of Thomas E. Brenner of Goldberg, Katzman & Shipman,
P. C. on behalf of Defendants Cardinal Freight Carriers, Inc. and Gary Allan Jansen.
Respectfully submitted,
GOLDB~,R' "ZMAN & SHIPMAN
Bel,
Thomas E. Brenner, Esquire
Attorney J.D. #32085
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Defendants Cardinal Freight
Carriers, Inc. and Gary Allan Jansen
Date: February 8, 2002
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon the
person and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
E Alfred Smith, Esquire
13 3 3 Race Street, 2nd Floor
Philadelphia, P A 19107
Howard D. Kauffinan, Esquire
John Gerard Devlin & Associates, P.C.
100 Pine Street, Suite 300
Harrisburg, PA 17101
George B. Faller, Jr., Esquire
Martson DeardorfWilliams & Otto
Ten East High Street
Carlisle, PA 17013
William P. Douglas, Esquire
27 West High Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
a
By:
Date: February 8, 2002
Thomas E. Brenner, Esquire
Attorney for Defendants Cardinal
Freight and Gary Allan Jansen
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F:\FILES\DATAFILE\Travdoc.cur\672-pra. Ifnlm
Created: 02125/0210:47:18AM
Revised: 02/25/02 10:57:27 AM
3090.672
NATIONWIDE MUTUAL
INSURANCE CO., A/S/O James Harnish
and JAMES M. HARNISH,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-07
CIVIL ACTION-LAW
v.
JAMES D. TOMLINSON, PACIFIC
BUSINESS CONNECTIONS, CARDINAL :
FREIGHT CARRIERS, INC., GARY
ALLAN JENSEN, and
SABINO LANDA VERDE,
Defendants JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Defendant James D. Tomlinson in the above matter. Defendant James D. Tomlinson hereby
demands a twelve juror jury trial in the above captioned action.
MARTSON DEARDORFF WILLIAMS & OTTO
Attorneys for Defendant
James D. Tomlinson
Dated: February 25, 2002
~,
II
"~~
CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
E. Alfred Smith, Esquire
E. ALFRED SMITH & ASSOCIATES
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
Howard D. Kauffinan, Esquire
JOHN GERARD DEVLIN & ASSOCIATES, P.C.
ISIS Market Street, Suite 2010
Philadelphia, PA 19102
William P. Douglas, Esquire
DOUGLAS, DOUGLAS & DOUGLAS
27 West High Street
P.O. Box 261
Carlisle, P A 17013-0261
Thomas E. Brenner, Esquire
GOLDBERG, KATZMAN & SHIPMAN
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
MARTSON DEARDORFF WILLIAMS & OTTO
N~~y~~m-
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: February 25, 2002
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JOHN GERARD DEVLIN & ASSOCIATES, P.C.
John Gerard Devlin, Esquire
Atty. I.D. 1132858
Howard D. Kauffman, Esquire
Atty. I.D. 1138963
100 Pine Street/Suite 260
llalrisburg, PA 17101
(717) 720-0700
NATIONWIDE MUTUAL INSURANCE : IN THE COURT OF COMMON PLEAS
A/S/O James M. Harnish : CUMBERLAND COUNTY
Counsel for: Defendants
Pacific Business Connections
& Sabino Landaverde
: No. Ol-07-CiviI Term
and
JAMES M. HARNISH
Plaintiff
: CIVIL ACTION - LAW
v.
: JURY TRIAL DEMANDED
JAMES D. TOMLINSON
and
PACIFIC BUSINESS CONNECTIONS
and
CARDINAL FREIGHT CARRIERS, INC.,
and
GARY ALLAN JENSEN
and
SABINO LANDA VERDE,
Defendants
NOTICE TO PLEAD
TO: Plaintiff
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER, NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE
HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
Respectfully submitted,
JOHN GERARD DEVLIN & ASSOCIATES, P. C.
~-
BY:
JOHN GERARD DEVLIN & ASSOCIATES, P.C.
John Gerard DevUn, Esquire
Atty. I.D. 1132S58
Howard D. Kauffman, Esquire
Atty. I.D. 1138963
100 Pine street/Suite 260
Harrisburg, PA 17101
(717) 720-0700
NATIONWIDE MUTUAL INSURANCE
A/S/O James M. Hamish
Counsel for: Defendants
Pacific Bnsiness Connections
& Sabino Landaverde
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: No. Ol-07-Civil Term
and
JAMES M. HARNISH
Plaintiff
: CIVIL ACTION - LAW
v.
: JURY TRIAL DEMANDED
JAMES D. TOMLINSON
and
PACIFIC BUSINESS CONNECTIONS
and
CARDINAL FREIGHT CARRIERS, INC.,
and
GARY ALLAN JENSEN
and
SABINO LANDA VERDE,
Defendants
DEFENDANTS. PACIFIC BUSINESS CONNECTIONS, INe. AND
SABINO LANDAVERDE'S ANSWER WITH NEW
MATTER PURSUANT TO PA. Roe.P. 2252(d)
TO PLAINTIFF'S COMPLAINT
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
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6. Denied. After reasonable investigation, Answering Defendants are without
sufficient information or knowledge with which to form a belief as to the truth of the remaining
averments of this paragraph and they are accordingly denied.
7. Admitted in part and denied in part. It is admitted that Defendant, Sabino
Landaverde, is an individual, but it is denied that he lives at 16710 Eric Avenue, Artesia,
California 90701.
8. Denied. After reasonable investigation, Answering Defendants are without
sufficient information or knowledge with which to form a belief as to the truth of the remaining
averments oftbis paragraph and they are accordingly denied.
9. Denied. It is denied the tractor trailer operated by Sabino Landaverde and owned
by Pacific Business Connections, Inc., struck the left side of the tractor trailer of Cardinal
Freights Carriers, Inc. and that the Pacific Business Connections tractor trailer went out of
control. On the contrary, Answering Defendants acted reasonably and prudently under the
circumstances. After reasonable investigation, Answering Defendants are without sufficient
information or knowledge with which to form a belief as to the truth of the rem"ining averments
of this paragraph and they are accordingly denied.
10. Denied. It is denied that Answering Defendant was negligent in any manner
whatsoever. On the contrary, Answering Defendant acted reasonably and prudently under the
circumstances. After reasonable investigation, Answering Defendants are without sufficient
information or knowledge with which to form a belief as to the truth of the remaining averments
of tbis paragraph and they are accordingly denied.
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11. It is denied that Answering Defendant was negligent, reckless or careless in any
manner whatsoever. On the contrary, Answering Defendant acted reasonably and prudently
under the circumstances.
a-i. Denied. On the contrary, Answering Defendant acted reasonably and
prudently under the circumstances.
12. After reasonable investigation, Answering Defendants are without sufficient
information or knowledge with which to form a belief as to the truth of the remaining averments
of this paragraph and they are accordingly denied.
13. Denied. It is denied that Answering Defendants were negligent in any manner
whatsoever. On the contrary, Answering Defendants acted reasonably and prudently. After
reasonable investigation, Answering Defendants are without sufficient information or knowledge
with which to form a belief as to the truth of the remaining averments of this paragraph and they
are accordingly denied.
14. Denied. It is denied that Answering Defendants were negligent in any manner
whatsoever. On the contrary, Answering Defendants acted reasonably and prudently. After
reasonable investigation, Answering Defendants are without sufficient information or knowledge
with which to forma beliefas to the truth of the remaining averments of this paragraph and they
are accordingly denied.
WHEREFORE, Defendant denies that Plaintiffs are entitled to judgment against
the Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs
and prays that judgment be entered in Defendant's favor and against the Plaintiffs and for its
costs and fees and for such other relief as the Court deems appropriate.
DEFENDANT DEMANDS TRIAL BY JURY.
1-
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NEW MATTER
15. Defendant reserves the right to challenge any award of delay damages in this case.
16. Defendant demands that appropriate hearings be conducted in this case prior to
any award of delay damages.
17. Rule 238 of the Pennsylvania Rules of Civil Procedure, on its face, and as applied
is violative ofthe Due Process and Equal Protection Clauses of the Fourteenth Amendment to
the Constitution of the United States, ~1983 of Title 42 ofthe United States Code and Article I,
~1, 6, II and 26 and Article V, ~IO(c) of the Pennsylvania Constitution and imposes a chilling
effect on the exercise by Defendant of its constitutional rights.
18. If it is detennined that the Answering Defendant is liable on the Plaintiff's cause
of action, the Answering Defendant avers that the plaintiff's recovery should be eliminated or
reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S. ~7102.
19. It is further averred that if 1he plaintiff suffered any injuries/damages as alleged,
they were caused solely and primarily by the plaintiff's own carelessness and negligence.
20. It is further averred by the Answering Defendant that if plaintiff suffered any
injuries/damages as alleged, plaintiff, by his conduct assmned the risk of those injuries/damages.
WHEREFORE, Defendant denies that PlaintiflS are entitled to judgment against the
Defendant in the amount specified, or to any smn of money whatsoever, or to interest or costs
and prays that judgment be entered in Defendant's Javor and against the PlaintiflS and for its
costs and fees and for such other relief as the Court deems appropriate.
DEFENDANT DEMANDS TRIAL BY JURY.
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NEW MATTER PURSUANT PA. R.CP. 2252(d)
DIRECTED TO CO-DEFENDANTS
21. Pursuant to the provisions ofPa. R.C.P. 2252(d), Answering Defendant asserts
that Co-defendants are alone liable or are jointly and severally liable or are liable over to
Answering Defendant on the cause of action declared upon by plaintiff. It is further averred that
if it is determined that the Answering Defendant is liable on plaintiff s cause of action, said
Answering Defendant avers that the Co-defendant is liable to the Answering Defendant to
indenmity and contnbution.
WHEREFORE, Defendant denies that Plaintiffs are entitled to judgment against the
Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs
and prays that judgment be entered in Defendant's fuvor and against the Plaintiffs and for its
costs and fees and for such other relief as the Court deems appropriate.
DEFENDANT DEMANDS TRIAL BY JURY.
Respectfully submitted,
JOHN GERARD DEVLIN & ASSOCIATES, P. C.
HD~~_
BY:
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JOHN GERARD DEVLIN & ASSOCIATES, P.C.
John GeJard Devlin, Esq1lire
Atty.I.D.1I32858
Howard D. Kauffinan, Esq1lire
Atty. I.D. 1138963
100 Pine Street/Suite 260
Harrisburg, PA 17101
(717) 720-0700
NATIONWIDE MUTUAL INSURANCE
A/S/O James M. Harnish
Counsel for: Defendants
Pacific Business Connections
& Sabino Landaverde
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: No. Ol-07-Civil Term
lIJld
JAMES M. HARNISH
Plaintiff
: CIVIL ACTION - LAW
v.
: JURY TRIAL DEMANDED
JAMESD.TOMLINSON
lIJld
PACIFIC BUSINESS CONNECTIONS
lIJld
CARDINAL FREIGHT CARRIERS, INC.,
and
GARY ALLAN JENSEN
lIJld
SABINO LANDA VERDE,
DefendllJlts
,V' CERTIFICATE OF SERVICE
AND NOW, this K- day of March, 2002, I, Howard D. Kauffinan, Esquire, counsel
for Defendant, affirm that I served the foregoing Defendants, PacifIC Business Connections and.
Sabino Landaverde's Answer with New Matter to Plaintiff's Complaint Pursuant to PA.
R.CP. 2252(d) by depositing same in the United States Mail, postage prepaid in Harrisburg,
Pennsylvania addressed to:
E. Alfred Smith, Esquire
E. ALFRED SMITH & ASSOCIATES
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
Counsel for Plaintiff
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Thomas Brenner, Esquire
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108
Counsel for Defendants
Cardinal Freight &
Gary Allon Jansen
James D. Tomlinson
8011 Cooke Road
Elkins Park, PA 19027
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VERIFICATION
I, .]'A /VI f l' F /vi C 1Jo"J~ (I , a Representative of Pacific Business
Connections, verifies that the facts set forth in the foregoing Defendants' Answer with New
Matter to Plaintiff's Complaint pursuant to Pa. R.c.P. 2252(d) are true and correct to the best
ofhis/her knowledge, infonnation and belief and understands that statements made herein are
subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to Unsworn Falsification to
Authorities.
Dated: MA~cfi ~ ZOCl."l
Cardinal Freigbt (Nationwide)
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E. ALFRED SMITH & ASSOCIATES
E. Alfred Smith, Esquire
Identification No. 03291
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
(215) 569-8422
NATIONWIDE MUTUAL INSURANCE CO.:
A/S/O James M. Harnish
P. O. Box 2655
Harrisburg, PA 17105
and
JAMES M. HARNISH
14144 Fairview Road
Clear Spring, MD 21722
plaintiff
v.
JAMES D. TOMLINSON
8011 Cooke Road
Elkins Park, PA 19027
and
PACIFIC BUSINESS CONNECTIONS
601 S. Hunts Lane
Colton, CA 92324
and
CARDINAL FREIGHT CARRIERS, INC.:
Van Dam Road-Bldg. 8C3
South Holland, IL 60473
and
GARY ALLAN JENSEN
150 E. Washington Street
Lake Helen, FL 32744
and
SABINO LANDAVERDE
16710 Erie Avenue
Artesia, CA 90701
Defendants
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Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
01-07 - CIVIL TERM
JURY TRIAL DEMANDED
-
.
PLATNTIFFR' RF.PLY TO NEW MATTER
Plaintiffs reply to Defendants, Pacific Business Connections
and Sabino Landaverde's New Matter as follows:
15-20.
Denied. The allegations in Paragraphs 15 to 20 of
Defendants' New Matter are conclusions of law to which no answer
is required and they are accordingly denied.
WHEREFORE, Plaintiffs demand the relief sought in their
Complaint.
E. ALFRED SMITH & ASSOCIATES
t
E. Alfred Smith
Attorney for Plaintiffs
Nationwide Mutual Insurance Co.
James M. Harnish
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has, on this date,
caused a true and correct copy of Plaintiff's Reply to Defendants
Pacific Business Connections and Sabino Landaverde's New Matter
to be served by first class mail, postage prepaid, on the date
listed below upon the following parties or counsel of record:
Howard D. Kauffman, Esquire
John Gerard Devlin & Associates, P.C.
100 pine Street, Suite 260
Harrisburg, PA 17101
Attorney for Defendants
Pacific Business Connections
and Sabino Landaverde
Thomas E. Brenner, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street - P. O. Box 1268
Harrisburg, PA 17108-1268
Counsel for Defendants
Cardinal Freight Carriers, Inc.
Gary Allan
George B. Faller, Esquire
Martson Deardoff williams & Otto
Ten East High Street
Carlisle, PA 17013
Counsel for Defendant
James D. Tomlinson
2
,
Alfred Smith
A torney for Plaintiffs
Nationwide Mutual Insurance C
o.
James M. Harnish
Date: 3/ iFllo l.---
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VERl:Fl:CATl:ON
The averments or denials of facts contained in the foregoing
pleading are true based upon the signer's personal knowledge or
information and belief.
If the foregoing contains averments
which are inconsistent in fact, signer has been unable, after
reasonable investigation, to ascertain which of the inconsistent
averments are true, but signer has knowledge or information
sufficient to form a belief that one of them is true. This
verification is made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsification to authorities.
1
Date: 3FJ)V/
..
GOLDBERG, KATZMAN & SIllPMAN, P.C.
Thomas E. Brenner - #32085
Attorneys for Defendants
320 Market Street
Post Office Box 1268
Ilanisburg,Pennsylvani. 17108-1268
(717) 234-4161
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NATIONWIDE MUTUAL INSURANCE
CO. AlSIO James M. Harnish and
JAMES M. HARNISH
Plaintiffs
v. No. 01-07 - Civil Term
JAMES D. TOMLINSON,
PACIFIC BUSINESS CONNECTIONS,
CARDINAL FREIGHT CARRIERS, INC.:
GARY ALLAN JANSEN and SABINO CIVIL ACTION - LAW
LANDA VERDE
Defendants
REPLY OF DEFENDANTS CARDINAL FREIGHT CARRIERS, INC. AND GARY
ALLAN JANSEN TO CROSS CLAIM
AND NOW, come Defendants Cardinal Freight and Jansen, by their attorneys,
Goldberg, Katzman & Shipman, P.C. who state:
21. Denied. This paragraph states a legal conclusion to which no response is
necessary.
WHEREFORE, Defendants Cardinal Freight and Jensen request that the
Plaintiffs cross-claim be dismissed with prejudice.
Respectfully submitted,
& SHIPMAN
Dare3 J).~ In--
By
Thomas E. Brenner, Esquire
Attorney I.D. #32085
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Defendants Cardinal Freight
Carriers, Inc. and Gary Allan Jansen
2
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the person and in the manner indicated below, which service satisfies the requirements of
the Pennsylvania Code, by depositing a copy of same in the United States mail, at
Hanisburg, Pennsylvania, with first-class postage, prepaid, as follows:
E Alfred Smith, Esquire
13 3 3 Race Street, 2nd Floor
Philadelphia, P A 19107
Howard D. Kauffman, Esquire
John Gerard Devlin & Associates, P.C
100 Pine Street, Suite 300
Harrisburg, P A 171 0 1
George B. Faller, Jr., Esquire
Mattson DeardorfWilliams & Otto
Ten East High Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By:
(i;I~~
Thomas E. Brenner, Esquire
Attorney for Defendants Cardinal
Freight Carriers, Inc. and
Gmy Allan Jansen
Date: )/ ~blo:v
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VERIFICATION
I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for
Defendants Cardinal Freight Carriers, Inc. and Gary Allan Jansen; that I have read the
foregoing Answer; that there are no new facts of record contained; and that the facts
stated are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa. C.S. 4904, relating to unsworn falsification to authorities.
DATE} J~~/e.?-
as E. Brenner, Esquire
..
NATIONWIDE MUTUAL INSURANCE :
CO. A/S/O James M. Harnish and
JAMES M. HARNISH
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
V. No. 01-07 - Civil Term
JAMES D. TOMLINSON,
PACIFIC BUSINESS CONNECTIONS,
CARDINAL FREIGHT CARRIERS, INC.:
GARY ALLAN JANSEN and SABINO CIVIL ACTION - LAW
LANDA VERDE
Defendants
NOTICE TO PLEAD
TO: Nationwide Mutual Insurance Co.
c/o E. Alfred Smith, Esquire
13 3 3 Race Street, 2nd Floor
Philadelphia, P A 19107
James Tomlinson
c/o George B. Faller, Esq.
Mattson DeardorfWilliams & Otto
Ten East High Street
Carlisle, PA 17013
Pacific Business Connections
and Sabino Landaverde
c/o Howard D. Kauffinan, Esq.
John Gerard Devlin & Assoc.
100 Pine Street, Suite 300
Harrisburg, PA 17101
You are hereby notified to plead to Defendants Gary Jansen and Cardinal Freight Carriers,
Inc.'s Answer with New Matter and Cross Claim within twenty (20) days from service hereof.
By;
Date: ~ \ 1A 0)-
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GOLDBERG, KATZMAN & SHIPMAN, P.e.
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Thomas E. Brenner, Esquire
Atty. ID. #32085
320 Market Street, P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Defendants Gary Jansen and
Cardinal Freight Carriers, Inc.
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GOWBERG, KATZMAN & SHIPMAN, P.c.
Thomas E Brenner - #32085
Attorneys for Defendants
320 Market Street
Post Office Box 1268
Harrisburg, Pennsylvanill 17108-1268
(717) 234-4161
NATIONWIDE MUTUAL INSURANCE
CO. A/S/O James M. Harnish and
JAMES M. HARNISH
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
V. No. 01-07 - Civil Term
JAMES D. TOMLINSON,
P AClFIC BUSINESS CONNECTIONS,
CARDINAL FREIGHT CARRIERS, INC.:
GARY ALLAN JANSEN and SABINO CIVIL ACTION - LAW
LANDA VERDE
Defendants
ANSWER WITH NEW MATTER AND CROSS CLAIM OF
DEFENDANTS GARY JANSEN AND CARDINAL FREIGHT CARRIERS, INC.
AND NOW, come Gary A. Jansen and Cardinal Freight and Jansen, by their
attorneys, Goldberg, Katzman & Shipman, P.e. who state:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied in part.
The business office address of Cardinal Freight is 5333
Davidson Highway, Concord, North Carolina, 28027-8978.
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6. Denied. The correct name of this defendant is Gary Jansen. He resides at
7157 Brushy Mountain Road, Moraview Falls, N.C. 28654.
7. Admitted.
8. Admitted.
9. Denied. This paragraph is denied pursuantto Pa. R. C.P. 1029 (e).
10. Denied. It is denied that Defendants Cardinal Freight Carriers, Inc. and Gary
Jansen were negligent. In further response, this paragraph is denied pursuant to Pa. RC.P.
1029 (e).
11. Denied. It is denied that Defendants Cardinal Freight Carriers, Inc. and Gary
Jansen were negligent. In further response, this paragraph is denied pursuant to Pa. RC.P.
1029 (e).
12. Denied. This paragraph states a legal conclusion to which no response is
necessary.
13. Denied. It is denied that Defendants Cardinal Freight Carriers, Inc. and Gary
Jansen were negligent. In further response, this paragraph is denied pursuant to Pa. RC.P.
1029 (e).
14. Denied. It is denied that Defendants Cardinal Freight Carriers, Inc. and Gary
Jansen were negligent. In further response, this paragraph is denied pursuant to Pa .RC.P.
1029 (e).
2
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WHEREFORE, Defendants Cardinal Freight and Jansen request that Plaintiffs'
Complaint be dismissed with prejudice.
NEW MATTER DIRECTED TO PLAINTIFF
15. Plaintiff James M. Harnish was comparatively negligent under the
circumstances.
16. Plaintiff James M. Harnish assumed the risk under the circumstances.
17. The accident described in the Complaint arose solely from the negligence of
James D. Tomlinson.
18. Defendants Cardinal Freight and Gary Jansen were confronted with a
sudden emergency created by Defendant Tomlinson.
WHEREFORE, Defendants Gary Jansen and Cardinal Freight Carriers, Inc.
request that Plaintiff's Complaint be dismissed with prejudice.
CROSS CLAIM PURSUANT TO P A. R.C.P. 2252( d)
DIRECTED TO DEFENDANTS JAMES TOMLINSON, PACIFIC BUSINESS
CONNECTIONS AND SABINO LANDA VERDE
19. The averments of paragraphs 1 - 14 are incorporated herein by reference.
20. If Plaintiff is entitled to recover against Defendants Jansen and Cardinal
Freight, which is expressly denied, then Defendants Tomlinson, Pacific Business
3
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Connections and Sabino Landerverde, are alone liable to Plaintiff; or in the alternative, are
liable over to Defendants Cardinal Freight and Gary Jansen for contribution and/or
indemnity on the Plaintiffs' claims; or in the alternative, Defendants Tomlinson, Pacific
Business Connections and Landaverde are jointly and/or severally liable on the Plaintiffs'
claims.
WHEREFORE, Defendants Gary Jansen and Cardinal Freight Carriers, Inc.
demand judgment against Pacific Business Connections, Sabino Landaverde, and James D.
Tomlinson, for all sums that may be adjudged against them in favor of the Plaintiff; in the
alternative, the Defendants Gary Jansen and Cardinal Freight Carriers, Inc., demand
judgment against Pacific Business Connections, Sabino Landaverde and James D.
Tomlinson, for contribution and/or indemnity for the damages awarded to Plaintiff.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN
BY~
Thomas E. Brenner, Esquire
Attorney I.D. #32085
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Defendant Gary Jansen and
Cardinal Freight Carriers, Inc.
4
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VERIFICATION
I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for
Defendants Gary Jansen and Cardinal Freight Carriers, Inc.; I have read the foregoing
Answer with New Matter and Cross Claim; and that the facts stated therein are true and
correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa.C.S. 4904, relating to unsworn falsification to authorities.
Thomas E. Brenner
"<!'~1 - r "
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the person and in the manner indicated below, which service satisfies the requirements of
the Pennsylvania Code, by depositing a copy of same in the United States mail, at
Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows:
E Alfred Smith, Esquire
13 3 3 Race Street, 2nd Floor
Philadelphia, PA 19107
Howard D. Kauffman, Esquire
John Gerard Devlin & Associates, P.C.
100 Pine Street, Suite 300
Harrisburg, P A 171 0 1
William Douglas, Esq.
Douglas, Douglas & Douglas
27 West High Street
P.O. Box 261
Carlisle, PA 17013-0261
George B. Faller, Jr., Esquire
Martson DeardorfWilliams & Otto
Ten East High Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Date: 1().q(oJ-
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E. ALFRED SMITH & ASSOCIATES
E. Alfred Smith, Esquire
Identification No. 03291
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
(215) 569-8422
NATIONWIDE MUTUAL INSURANCE CO.:
A/S/O James M. Harnish
P. O. Box 2655
Harrisburg, PA 17105
and
JAMES M. HARNISH
14144 Fairview Road
Clear Spring, MD 21722
Plaintiff
v.
JAMES D. TOMLINSON
8011 Cooke Road
Elkins Park, PA 19027
and
PACI~IC BUSINESS CONNECTIONS
601 S. Hunts Lane
Colton, CA 92324
and
CARDINAL FREIGHT CARRIERS, INC.:
Van Dam Road-Bldg. 8C3
South Holland, IL 60473
and
GARY ALLAN JENSEN
150 E. Washington Street
Lake Helen, FL 32744
and
SABINO LANDAVERDE
16710 Erie Avenue
Artesia, CA 90701
Defendants
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Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
01-07 - CIVIL TERM
JURY TRIAL DEMANDED
': ,-'--
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REPLY TO NEW MATTER OF GARY JANSEN AND
CARDINAL FREIGHT CARRIERS, INC.
Plaintiff, Nationwide Mutual Insurance Company, hereby
replies to the New Matter of Defendants, Gary Jansen and Cardinal
Freight Carriers, Inc., as follows:
15-18.
The averments in Paragraphs 15-18 of the New
Matter Directed to Plaintiff are conclusions of law to which no
reply is necessary, so they are accordingly denied and strict
proof thereof is demanded at trial.
WHEREFORE, Plaintiff requests that the Court grant the
relief sought in its Complaint.
E. ALFRED SMITH & ASSOCIATES
J.,
. Alfr d Smith
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
(215) 569-8422
Attorney for Plaintiff
Nationwide Mutual Insurance Co.
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CERTLFICATE OF SERVLCE
The undersigned hereby certifies that he has, on this date,
caused a true and correct copy of Plaintiff's Reply to Defendants
Gary Jensen and Cardinal Freight Carriers, Inc.'s New Matter to
be served by first class mail, postage prepaid, on the date
listed below upon the following parties or counsel of record:
Howard D. Kauffman, Esquire
John Gerard Devlin & Associates, P.C.
100 Pine Street, Suite 260
Harrisburg, PA 17101
Attorney for Defendants
Pacific Business Connections
and Sabino Landaverde
Thomas E. Brenner, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street - P. O. Box 1268
Harrisburg, PA 17108-1268
Counsel for Defendants
Cardinal Freight Carriers, Inc.
Gary Allan Jensen
George B. Faller, Esquire
Martson Deardoff williams & Otto
Ten East High Street
Carlisle, PA 17013
Counsel for Defendant
James D. Tomlinson
;:
E. Alfr
A torney for Plaintiffs
Nationwide Mutual Insurance Co.
James M. Harnish
Date: 11rri( oV
'II'
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VERIFICATION
The averments or denials of facts contained in the foregoing
pleading are true based upon the signer's personal knowledge or
information and belief. If the foregoing contains averments
which are inconsistent in fact, signer has been unable, after
reasonable investigation, to ascertain which of the inconsistent
averments are true, but signer has knowledge or information
sufficient to form a belief that one of them is true. This
verification is made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsification to authorities.
E. Alfred Smith
Date: '1(0) /r1/
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"' ]OHNGERARD DEVLIN & ASSOCIATES, EC.
100 Pine Street, Suite 260
Hamsbu'g, P A 171 01
(717) 720-0700 (Phon,) (717) 236-9080 (Fax)
John Garard Devlin, Esqu;re
Atty. T.D. #32858
Howard D. Kauffman, Esquire
Atty. LD. #38963
C. William ShiHing, Esquire
Atty. t.D. #46995
Counsel For: Defendants Pacific Business Connections
& Sabino Landaverde
NATIONWIDE MUTUAL INSURANCE
A/S/O James M. Harnish
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: No. Ol-07-CiviI Term
and
JAMES M. HARNISH
Plaintiff
: CIVIL ACTION - LAW
v.
: JURY TRIAL DEMANDED
JAMES D. TOMLINSON
and
PACIFIC BUSINESS CONNECTIONS
and
CARDINAL FREIGHT CARRIERS, INC.,
and
GARY ALLAN JANSEN
and
SABINO LANDA VERDE,
Defendants
DEFENDANT. PACIFIC BUSINESS CONNECTIONS
AND SABINO LANDAVERDE'S REPLY TO CROSSCLAIM
OF DEFENDANTS. GARY JANSEN AND
CARDINAL FREIGHT CARRIERS. INe
19. Answering Defendants incorporate by reference their responses to paragraphs 1-14 as if more
fully set forth herein at length.
20. Denied. The averments of this paragraph contain conclusions of law to which no response is
required. To the extent that any response is required, Answering Defendant asserts that they acted reasonably
and prudently under the circumstances and were not negligent in any manner whatsoever.
WHEREFORE, Defendan1 denies that Plaintiffs are entitled to judgment against the Defendant in the
amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered
in Defendant's favor and against the Plaintiffs and for its costs and fees and for such other relief as the Court
deems appropriate.
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DEFENDANT DEMANDS TRIAL BY JURY.
Respectfully submitted,
JOHN GERARD DEVLIN & ASSOCIATES, P. C.
BY~
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JOHN GERARD DEVLIN & ASSOCIATES, P.C.
100 Pine Street, Suite 260
Harrisburg, PA 17101
(717) 720-0700 (Phone) (71 7) 230.9080 (F=)
jl,Jm Gerard Delt/in, Esquire
Atty. J.D. #32858
Howard D. Kauffman, Esquire
Atty. J.D. #38963
C. William Shilling, Esquire
Ally. J.D. #46995
Counsel For: Defendants Pacific Business Connections
& Sabino Landaverde
NATIONWIDE MUTUAL INSURANCE
A/S/O James M. Harnish
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: No. Ol-07-Civil Term
and
JAMES M. HARNISH
Plaintiff
: CIVIL ACTION - LAW
v,
: JURY TRIAL DEMANDED
JAMESD.TOMLINSON
and
PACIFIC BUSINESS CONNECTIONS
and
CARDINAL FREIGHT CARRIERS, INC.,
and
GARY ALLAN JANSEN
and
SABINO LANDA VERDE,
Defendants
k., CERTIFICATE OF SERVICE
( \J
AND NOW, this ~ day of May, 2002, I, Howard D. Kauffinan, Esquire, counsel for Defendant,
affirm that I served the foregoing Defendants, Pacific Business Connections and Sabino Landaverde's Reply
to Crossclaim of Defendant, Gary Allan Jansen by depositing same in the United States Mail, postage prepaid
in H~sburg, Pennsylvania addressed to:
E. Alfred Smith, Esquire
E. ALFRED SMITH & ASSOCIATES
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
Counsel for Plaintiff
Thomas Brenner, Esquire
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108
Counsel for Defendants
Cardinal Freight &
Gary Allan Jansen
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James D. Tomlinson
8011 Cooke Road
Elkins Park, PA 19027
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ATTORNEY VERIFICATION
The undersigned hereby verifies that he is counsel for Defendants, Pacific Business Connections and
Sabino Landaverde in the within matter and that the facts set forth in the foregoing Defendants, Pacific
Business Connections and Sabino Landaverde's Reply to Crossclaim of Defendant, Gary Allan Jansen
are true and correct to the best of his knowledge, information and belief and that false statements herein
are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications.
Dated: 5/ (p I e:l-
~~
Howard ufIinan, Esquire
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F:\FILESIDATAFILE\Travdoc.cur\672-rep.2fnlm
Created: 05/I4IOZ03:49:08PM ~
Revised: 05J22/0203:02:16PM
3090.672
NATIONWIDE MUTUAL INSURANCE
CO. A/S/O James Harnish and
JAMES M. HARNISH,
Plaintiff
v.
JAMES D. TOMLINSON, PACIFIC
BUSINESS CONNECTIONS, CARDINAL :
FREIGHT CARRIERS, INC., GARY
ALLAN JANSEN and SABINO
LANDA VERDE,
Defendants
"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-07
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
DEFENDANT JAMES D. TOMLINSON'S REPLY TO
CROSSCLAIM OF DEFENDANT GARY JANSEN
AND CARDINAL FREIGHT CARRIERS, INC.
19. The averment of Defendant Tomlinson's Answer with New Matter and Crossclaim
are hereby incorporated by reference.
20. Denied pursuant to Pa. KC.P. 1029(e).
WHEREFORE, James D. Tomlinson demands judgment in his favor and dismissal of the
crossclaims against him with prejudice.
Date: May 28, 2002
.
~
MARTSON DEARDORFF WILLIAMS & OTTO
By
George B. Faller, Jr., Esq ire
LD. Number 49813
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Defendant
James D. Tomlinson
_.,i
CERTIFICATE OF SERVICE
I, Jody L. Boore, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Defendant James D. Tomlinson's Reply to Crossclaim of Defendant
Gary Jansen and Cardinal Freight Carriers, Inc. was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
E. Alfred Smith, Esquire
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
Howard D. Kauffman, Esquire
JOHN GERARD DEVLIN & ASSOCIATES
100 Pine Street, Suite 300
Harrisburg, PA 17101
Thomas E. Brenner, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
William Douglas, Esquire
DOUGLAS, DOUGLAS & DOUGLAS
27 West High Street
P. O. Box 261
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
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By
JoftY L. oor
e ast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: May 28, 2002
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F:\FlLES\DA TAFILEITravdoc.cur\672-rep.l/nlm
Created: 05fI4/0203:49:08PM
Revised: OSf24/0203:18:36PM
3090.672
.'
NATIONWIDE MUTUAL INSURANCE
CO. AlS/O James Harnish and
JAMES M. HARNISH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-07
CNIL ACTION-LAW
v.
JAMES D. TOMLINSON, PACIFIC
BUSINESS CONNECTIONS, CARDINAL :
FREIGHT CARRIERS, INC., GARY
ALLAN JANSEN and SABINO
LANDA VERDE,
Defendants
JURY TRIAL OF TWELVE DEMANDED
DEFENDANT JAMES D. TOMLINSON'S REPLY TO
CROSSCLAIM OF DEFENDANT PACIFIC BUSINESS CONNECTIONS. INC.
AND SABINO LANDA VERDE
The averments of Defendant Tomlinson's Answer with New Matter and Crossc1aim are
hereby incorporated by reference.
21. Denied pursuant to Pa. R.c.P. 1029(e).
WHEREFORE, James D. Tomlinson demands judgment in his favor and dismissal of the
crossc1aims against him with prejudice.
MARTSON DEARDORFF WILLIAMS & OTTO
By
George . Faller, Jr., Esquire
LD. Number 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendant
James D. Tomlinson
Date: May 28, 2002
,,,~- d,_
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-'
CERTIFICATE OF SERVICE
I, Jody 1. Boore, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Defendant James D. Tomlinson's Reply to Crossclaim of Defendant
Pacific Business Connections and Sabino Landaverde was served this date by depositing same in
the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
E. Alfred Smith, Esquire
1333 Race Street, 2nd Floor
Philadelphia, P A 19107
Howard D. Kauffman, Esquire
JOHN GERARD DEVLIN & ASSOCIATES
100 Pine Street, Suite 300
Harrisburg, PA 17101
Thomas E. Brenner, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, P A 171 08-1268
William Douglas, Esquire
DOUGLAS, DOUGLAS & DOUGLAS
27 West High Street
P. O. Box 261
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By ~"". y "?'LU _
JodyL..B ore (
Ten. High Street
Carlisle, P A 17013
(717) 243-3341
Dated: May 28, 2002
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F:\FILES\DATAFLLE\Travdoc.cur\672-ans.lfnlm
CreatOO: 05fI4/0202:57AOPM
Revised: 05122/02 02:53:18 PM
3090.672
NATIONWIDE MUTUAL INSURANCE
CO. A/S/O James Hamish and
JAMES M. HARNISH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-07
CIVIL ACTION-LAW
v.
JAMES D. TOMLINSON, PACIFIC
BUSINESS CONNECTIONS, CARDINAL :
FREIGHT CARRIERS, INC., GARY
ALLAN JANSEN and SABINO
LANDA VERDE,
Defendants
JURY TRIAL OF TWELVE DEMANDED
DEFENDANT JAMES D. TOMLINSON'S ANSWER WITH NEW MATTER
AND CROSSCLAIM TO PLAINTIFFS' COMPLAINT
TO: NATIONWIDE MUTUAL INSURANCE CO., A/S/O JAMES HARNISH, Plaintiffs,
and their attorney, E. ALFRED SMITH, ESQUIRE;
PACIFIC BUSINESS CONNECTIONS and SABINO LANDAVERDE, Defendants,
and their attorney, HOWARD D. KAUFFMAN, ESQUIRE;
AND
CARDINAL FREIGHT CARRIERS, INC. and GARY ALLAN JANSEN, Defendants,
and their attorney, THOMAS E. BRENNER, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER AND CROSSCLAIM WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
1-2. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in these
paragraphs. The averments are therefore deemed denied and proof is demanded.
3. Admitted.
4-8. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in these
paragraphs. The averments are therefore deemed denied and proof is demanded.
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9. Admitted in part and denied in part. It is admitted Answering Defendant was
operating a van north of Interstate 81 in Cumberland County on January 2, 1999. All other
averments in this paragraph are denied pursuant to Pa. R.C.P. 1029(e).
10-1 L Denied pursuant to Pa. R.C.P. 1029(e).
12. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this
paragraph. The averments are therefore deemed denied and proof is demanded.
13-14. Denied pursuant to Pa. R.C.P. 1029(e).
WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiffs'
Complaint with prejudice.
NEW MATTER
15. The averments of paragraphs 1 through 14 of this Answer are incorporated herein by
reference.
16. Plaintiffs' claims are barred by the applicable statute of limitations.
17. Plaintiffs' recovery is barred orreduced by the Pennsylvania Motor Vehic1e Financial
Responsibility Law as amended.
18. Plaintiffs' or their representatives chose the limited tort option by signing a valid
selection form.
19. Plljintiffs' injuries do not involve death, serious impairment of bodily function or
permanent disfigurement.
WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiffs'
Complaint with prejudice.
NEW MATTER PURSUANT TO PA. R.C.P. 2252(d)
20. The averments of Plaintiffs' Complaint, which averments have been specifically
denied, are hereby incorporated for the limited purpose of this crossclaim.
2 L If Plaintiffs are entitled to recover from any party which is expressly denied, then
Defendants Pacific Business Connection, Cardinal Freight Carriers, Inc., Gary Allan Jensen, and
Sabino Landaverde, are alone liable to Plaintiffs or liable over to Defendant James E. Tomlinson by
way of contribution and/or indemnity or are jointly and/or severally liable to Defendant Tomlinson
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on a count oftheir own negligence or other liability producing conduct as alleged in the pleadings.
22. If Defendant Tomlinson is found liable to Plaintiffs, which liability is expressly
denied, its liability is secondary and passive to the liability of Defendants Pacific Business
Connection, Cardinal Freight Carriers, Inc., Gary Allan Jensen, and Sabino Landaverde, whose
liability is primary and active.
WHEREFORE, Defendant James D. Tomlinson demands judgment against Defendants
Pacific Business Connection, Cardinal Freight Carriers, Inc., Gary Allan Jensen, and Sabino
Landaverde, for all sums that may be adjudged against Defendant Tomlinson in favor of Plaintiffs;
and in the alternative, Defendant Tomlinson demands judgment against Defendants Pacific Business
Connection, Cardinal Freight Carriers, Inc., Gary Allan Jensen, and Sabino Landaverde, for
contribution and/or indemnity for the appropriate part of the amount of damages and costs awarded
to Plaintiffs, if any.
MARTSON DEARDORFF WILLIAMS & OTTO
By
George B. Faller, Jr., Esquire
LD. Number 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendant
James D. Tomlinson
Date: 9~ ~ tJ2./;o~
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VERIFICATION
The foregoing Defendant James D. Tomlinson's Answer with New Matter and Crossclaim
to Plaintiffs' Complaint is based upon information which has been gathered by my counsel in the
preparation ofthe lawsuit. The language of the document is that of counsel and not my own. I have
read the document and to the extent that it is based upon information which I have given to my
counsel, it is true and correct to the best of my knowledge, information and belief To the extent that
the content of the document is that of counsel, I have relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
~~
J e D. Tomlinson
F: \FILES\DA T AFILE\Travdoc.cur\672-ans.!
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CERTIFICATE OF SERVICE
I, Christina N. Yost, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy ofthe foregoing Defendant James D. Tomlinson's Answer with New Matter and
Crossclaim to Plaintiffs' Complaint was served this date by depositing same in the Post Office at
Carlisle, P A, first class mail, postage prepaid, addressed as follows:
E. Alfred Smith, Esquire
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
Howard D. Kauffman, Esquire
JOHN GERARD DEVLIN & ASSOCIATES
100 Pine Street, Suite 300
Harrisburg, P A 17101
Thomas E. Brenner, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
William Douglas, Esquire
DOUGLAS, DOUGLAS & DOUGLAS
27 West High Street
P. O. Box 261
Carlisle, P A 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By ~A.- >t. ZL7-'
Christina N. Yost rJ
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: Y.tu..RJ /J, .:u".:1-
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JAMES M. HARNISH, JAMES L. HARNISH, et aI. : IN THE COURT OF COMMON PLEAS
Plaintiffs : CUMBERLAND COUNTY
v.
GARY A. JANSEN, CARDINAL FREIGHT, et al.
Defendants
NO. 00-8319 Civil Term
SABINO LANDA VERDE
Plaintiff
v.
CARDINAL FREIGHT CARRIERS, INC., GARY
ALLEN JANSEN and JAMES D. TOMLINSON,
Defendants
: IN THE ~OURT:OF CQMMON PLEAS
: CUMBERLAND COUNTY
: NO. 00-8727 Civil Term
AMERICAN CLAIMS ASSOCIATES, INC.
as Subrogee of Pacific Business Connection, et al.
Plaintiffs
v.
CARDINAL FREIGHT CARRIERS, INC.
and GARY ALLAN JANSEN and JAMES D.
TOMLINSON
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
NO. 00-8726 Civil Term
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
NATIONWIDE MUTUAL INSURANCE
CO. NS/O James M. Harnish
JAMES M. HARNISH
Plaintiffs
v.
JAMES D. TOMLINSON, et aI.
Defendants
NO. 01-07 - Civil Term ......----
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CARDINAL FREIGl-ITCARRIERS, iNC., et aI'
Plaintiffs
IN Ttffi COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
PACIFIC BUSINESS CONNECTIONS, INC. et al.
NO. 00-612 - Civil Term
STIPULATION
AND NOW, come the Parties by their counsel, who agree to the consolidation of
these matters for purposes of Discovery and Trial.
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Date:
Date: 5 - \ 1 - 02.-..
Date:
Date: &f'6-Q;!-
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It Alfred Smith, Esquire
Attorney for Nationwide Insurance
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How 'D. Kauffinan, Esquire
Attorney for Pacific Business Connections, Inc"
Pacific Business Connections and Sabino
Landaverde
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William Douglas, Esquire
Attorney for James M, Hamis
~~
Thomas E- Brenner, Esquire
Attorney for Cardinal Freight Carriers, Inc. and
Gary Allen Jansen
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GOLDBERG, KATZMAN & SHIPMAN, P.c.
Thomas E. Brenner - #32085
Attorneys for Defendants
320 Market Street
Post Office Box 1268
Harrisburg, Pennsylvania 17108-1268
(717) 234-4161
NATIONWIDE MUTUAL INSURANCE
CO. AJS/O James M. Harnish and
JAMES M. HARNISH
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiffs
V. No. 01-07 - Civil Term
JAMES D. TOMLINSON,
PACIFIC BUSINESS CONNECTIONS,
CARDINAL FREIGHT CARRIERS, INe.:
GARY ALLAN JANSEN and SABINO CIVIL ACTION - LAW
LANDA VERDE
Defendants
REPLY TO CROSS CLAIM OF DEFENDANT TOMLINSON BY DEFENDANT
CARDINAL FREIGHT CARRIERS, INC. AND GARY ALLAN JANSEN.
AND NOW, comes Defendants Cardinal Freight Carriers, Inc. and Gary Allen
Jansen by their attorneys, Goldberg, Katzman & Shipman, P.C. who state:
20. The Answers of Defendant Cardinal Freight and Jansen, to the Plaintiff's
Complaint, are incorporated herein by reference.
21. Denied. This paragraph states a legal conclusion to which no response is
necessary.
22. Denied. This paragraph states a legal conclusion to which no response is
necessary.
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WHEREFORE, Defendants Cardinal Freight Carriers, Inc. and Gary Allan Jansen
request that the Cross Claim of Defendant James D. Tomlinson be dismissed with
prejudice.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN
BYC-~
Thomas E. Brenner, Esquire
Attorney I.D. #32085
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Defendant Gary Jansen and
Cardinal Freight Caniers, Inc.
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the person and in the manner indicated below, which service satisfies the requirements of
the Pennsylvania Code, by depositing a copy of same in the United States mail, at
Harrisburg, Pennsylvania, with frrst-class postage, prepaid, as follows:
E Alfred Smith, Esquire
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
Howard D. Kauffman, Esquire
John Gerard Devlin & Associates, P.e.
100 Pine Street, Suite 300
Harrisburg, P A 171 0 1
William Douglas, Esq.
Douglas, Douglas & Douglas
27 West High Street
P.O. Box 261
Carlisle, PA 17013-0261
George B. Faller, Jr., Esq.
Martson DeardorfWilliams & Otto
Ten East High Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Date; t If 1/02-
By:
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VERIFICATION
I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for
Defendants Cardinal Freight Line Carriers, Inc. and Gary Allan Jansen; that I have read the
foregoing Reply to Cross Claim; that there are no new facts of record contained in the within
Reply and that the facts stated therein are true and correct to the best of my knowledge,
information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.
4904, relating to unsworn falsification to authorities.
c'iL~
Thomas E. Brenner, Esq.
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E. ALFRED SMITH & ASSOCIATES
E. Alfred Smith, Esquire
Identification No. 03291
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
(215) 569-8422
NATIONWIDE MUTUAL INSURANCE CO.:
A/S/O James M. Harnish
P. O. Box 2655
Harrisburg, PA 17105
and
JAMES M. HARNISH
14144 Fairview Road
Clear Spring, MD 21722
plaintiff
v.
JAMES D. TOMLINSON
8011 Cooke Road
Elkins Park, PA 19027
and
PACIFIC BUSINESS CONNECTIONS
~01 S. Hunts Lane
Colton, CA 92324
and
CARDINAL FREIGHT CARRIERS, INC.:
Van Dam Road-Bldg. 8C3
South Holland, IL 60473
and
GARY ALLAN JENSEN
150 E. Washington Street
Lake Helen, FL 32744
and
SAB!NO LANDAVERDE
16710 Erie Avenue
Artesia, CA 90701
Defendants
;-"","-,
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Attorney for plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACT!ON - LAW
01-07 - CIVIL TERM
JURY TRIAL DEMANDED
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Plaintiffs' Reply to New Matter of Defendant James Do Tomlinson
Plaintiffs, Nationwide Mutual Insurance Co., and James M.
Harnish, herewith reply to the New Matter of Defendant, James D.
Tomlinson, as follows:
15-19.
Denied. The averments in Pars. 15-19 of
Defendant's New Matter are conclusions of law to which no
response is necessary, so they are therefore denied.
WHEREFORE, Plaintiffs requests that they be granted the
relief requested in their Complaint.
E. LFRED SMITH & ASSOCIATES
t
E. Alfred Smith
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
(215) 569-8422
Attorney for Plaintiffs
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CERTIFICATE OF SERVrcE
The undersigned hereby certifies that he has, on this date,
caused a true and correct copy of Plaintiff's Reply to Defendant
James M. Tomlinson's New Matter to be served by first class mail,
postage prepaid, on the date listed below upon the following
parties or counsel of record:
Howard D. Kauffman, Esquire
John Gerard Devlin & Associates, P.C.
100 pine Street, Suite 260
Harrisburg, PA 17101
Attorney for Defendants
Pacific Business Connections
and Sabino Landaverde
Thomas E. Brenner, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street - P. O. Box 1268
Harrisburg, PA 17108-1268
Counsel for Defendants
Cardinal Freight Carriers, Inc.
Gary Allan Jensen
George B. Faller, Esquire
Martson Deardoff Williams & Otto
Ten East High Street
Carlisle, PA 17013
Counsel for Defendant
James D. Tomlinson
l'
E. Alfred Smith
Attorney for Plaintiffs
Nationwide Mutual Insurance Co.
James M. Harnish
Date: 6 /17~-V
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VERIFICATION
The averments or denials of facts contained in the foregoing
pleading are true based upon the signer's personal knowledge or
information and belief. If the foregoing contains averments
which are inconsistent in fact, signer has been unable, after
reasonable investigation, to ascertain which of the inconsistent
averments are true, but signer has knowledge or information
sufficient to form a belief that one of them is true. This
verification is made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsification to authorities.
I
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Date: ? II 7/r-v-
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NATIONWIDE MUTUAL INSURANCE: IN THE COURT OF COMMON PLEAS
CO. AlS/O Jllmes M. Hamish : CUMBERLAND COUNTY
JAMES M. BARNISH
: NO.: 01-07 - Civil Term
v.
JAMES D. TOMLINSON, et aL,
: JURY TRIAL DEMANDED
PRAECIPE TO SETTLE. DISCONTINUE & END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter as Settled, Discontinued and Ended with Prejudice.
Respectfully submitted,
BY:
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. JOHN GERARD DEVLIN & ASSOCIATES, P.c.
100 Pine Street, Suite 260
Harrisburg, P A 171 0 1
Phone: (717) 720-0700
By: John Gerard Devlin, Esquire
!.D. #32858
Howard D. Kauffinan, Esquire
LD. #38963
Our File No.: 488-18672.HDKIh
NATIONWIDE MUTUAL INSRUANCE : IN THE COURT OF COMMON PLEAS
CO. AlS/O James M. Harnish : CUMBERLAND COUNTY
JAMES M. HARNISH
: NO.: 01-07 - Civil Term
v.
JAMES D. TOMLINSON, et al.,
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 6th day of January, 2003, I, Howard D. Kauffinan, Esquire of the Law Offices
of John Gerard Devlin & Associates, P. C., counsel for Defendant, Pacific Business Connections affirm
that I served the foregoing Praecipe to Settle, Discontinue and End by depositing same in the United
States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to:
Thomas Brenner, Esquire
320 Market Street
P.O. Box 1268
Harrisburg, P A 17108-1268
George Faller, Esquire
Ten East High Street
Carlisle, P A 17013
E. Alfred Smith, Esquire
1333 Race Street, 2nd Floor
Philadelphia, PA 19107
JOHN GERARD DEVLIN & ASSOCIATES, P.C.
HO~~,ESQmRE
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