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Home My WebLink About01-1995 FX IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION COUNTY, PENNSYLVANIA Plaintiff(s) & Address(es): D. . &T TRANSPORTATION, INC. 523 Gordon Street Allentown, PA 18102 File No. (')/- /99$ CULl 'y~ vs. Civil Action - LAW Defendant(s) & Address(es): JAMES BARRETT 130 Monahan Avenue Dunmore, PA 18512 and MICHAEL RUCKER 152 Daniels Drive Madison Heights, VA 24572 JURY TRIAL DEMANDED OF NOT LESS THAN 12 MEMBERS PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in in the above case. CIVIL ACTION x Writ of Summons shall be issued and forw /Sheriff. of Attorney MARTIN J. KARESS, ESQUIRE 215 N. 9th Street Allentown, PA 18102 (610) 435-3530 Name/Address/Telephone Number of Attorney Date: 4/2/01 Supreme Court ID Number 08031 ***** SUMMONS IN CIVIL ACTION JAMES BARRETT and MICHAEL RUCKER TO: you ARE NO\IFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. il Division Date: 4Pflf.( .~ )^^( . '-...by aO/"MD' p ~/M'rl~r #-!:'l NOTE:USE AN ATTACHED ~HEET FOR LENGTHY LIST OF LITIGANTS. / ['C Deputy r~ -", FILING PARTY IS TO COMPLETE BOTH PRAECIPE & WRIT TO EXPEDITE PROCESSING 1/91 E-4F-1 '''''i~'''''1''''''''I''' w - . " '. ',. ,~ ~ ;.~,~-w... ~ -"~,<---o"""'.,,"'_"'_''''_ :;0--<"," "'<'-r',;;...,",'..~~~_''':..-n'''@'fi" '''''~'''''''{-'''''"'''''''''"'Jrr1'"r;~-''''"J--~r~'lF(7~~1Y~_~$-'_$_'~y."t"l r-r: Jltf"~:':rft'il"T\~"[r"f ) R -G,. 4 -lq., C) It- <: ~ ~ "~"tn 0: ~ " -',::1 8 ...... g ~ rTl ::) .-.0 tv ~ P ~ .:..:- J J"''', ,c \ ~".... L_ r:.~: ':- .'-, ~ ti! <: .'-. ',' c;.~, J '" (#:, t , "-"""'" ", ""~m!1m~l_OUM%'l!l!!!llllll~~lR~~~flIDJ!IilI:",,----W:~''''_~W'~'~''';;ffl~~:''W--''~'''~--'-''Df~~m!~~~!Liim!i~~~_;'iI~~ .:.;:<~".""""",~.......... , 'I ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW D & T TRANSPORTATION, INC" NO, 01-1995 Civil J:eI:m- Plaintiff JURY TRIAL DEMANDED OF NOT vs, LESS THAN 12 MEMBERS JAMES BARRETT, Individually and MICHAEL RUCKER, Defendants NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this PLEADING 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 PLEADING 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 TIllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 PHONE: 717-240-6100 MART SS, ESQUIRE ATTORNEY FOR PLAINTIFF ill NO 08031 . I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW D & T TRANSPORATION, INC. Plaintiff NO. 01-1995 Civil Term JURY TRIAL DEMANDED OF NOT LESS THAN 12 MEMBERS vs. JAMES BARRETT, Individually and MICHAEL RUCKER, Defendants COMPLAINT AND NOW, TillS d 1-H, day of ()~ ,2001, the Plaintiff, D & T TRANSPORATION, INC., by and through its counsel, KARESS, REICH & FURST, files its Complaint against the Defendants, JAMES BARRETT and MICHAEL RUCKER, as foJlows, to wit: 1. The Plaintiff is a business corporation of the Commonwealth of Pennsylvania, with its principal place of business located at 523 Gordon Street, Allentown, Lehigh County, Pennsylvania, 2. The Defendant, James Barrett, is an adult individual currently residing at 130 Monahan Avenue, Dunmore, Lackawanna County, Pennsylvania, 3. The Defendant, Michael Rucker, is an adult individual currently residing at 152 Daniels Drive, Madison Heights, Virginia, 4. On or about 13 August 2000, at or about 0130 hours, the Plaintiff was the owner of a certain 1989 tractor which was lawfully parked upon the property of Gables Truck Plaza back parking lot in the Township of Middlesex, County of Cumberland, Commonwealth of Pennsylvania. ,:' ~ ''''',-~'''H-_; !, ," ~ I, , ,O'~ -- _I' ,_ "1" ,," "" ..' r' I ,.. ,:1 ." . , S. At the date and time aforesaid, the Defendant, James Barrett, was the owner of a certain 1996 Peterbuilt Tractor which was being operated by his duly authorized servant, agent, and employee, Defendant, Michael Rucker, also upon the property of Gables Truck Plaza back parking lot in furtherance of and within the scope of employment of the Defendant, James Barrett. 6. At the date and time aforesaid, Defendant, Michael Rucker, was in the process of making a U-turn at or near the Plaintiff s lawfuIly parked tractor when he struck the Plaintiff s tractor in and about the front driver's side quarter panel with the right #173 rear of the trailer the tractor was pulling causing substantial damages to the Plaintiff s tractor. 7, Defendant, Michael Rucker, thereupon left the scene without reporting this incident to either the police or other operator; however, was caught upon the video cameras and tape of United Truck Wash which surveilled the area at the date and time aforesaid. 8. It is averred that the Defendant negligently operated the tractor trailer in: (a) failing to maintain proper lookout and control of said vehicle; (b) failing to operate at a safe and reasonable speed to avoid other lawfully parked motor vehicles; and (c) failing to properly navigate his vehicle in a safe and proper manner to avoid damaging or striking other motor vehicles lawfully parked upon said premises. 9. Solely as a result of the Defendant's negligence, the Plaintiff was deprived of the use of its tractor for a period of thirty (30) consecutive days wherein it has occasioned the following losses due to the fact it was precluded from hauling asphalt from Paulsboro, New Jersey to Scranton, Pennsylvania from its company headquarters in Allentown, Pennsylvania: ~"'l'1- -_"", ^ .. . \ I , a. $2,649,75 rental for 5 weeks@ $529.95 b. $3,995.04 .08 per mile for 49,938 miles c. $ 875.00 upgrade charge at $25.00 per day for 35 days d. $1,787.50 cost of additional insurance e. $1,324.00 installation ofPTO pump f $ 842.70 Air compressor with tax included g. $ 416.00 Remove compressor - 8 hours at $52.00 per hour $12,889.99 TOTAL 10. Plaintiff actually incurred a loss of revenues in the sum of $21,962.14; however, he is seeking the costs incurred to lease another vehicle to perform his hauling duties as set forth in paragraph 9, WHEREFORE, Plaintiff demands judgment against the Defendants in the sum of $12,889.99, with lawful interest thereon, delay damages, and costs of suit and brings this action to recover the same, ST ~T J,KJU{ESS,ESQUIRE I. . 0,08031 215 N. Ninth Street Allentown, PA 18102 (610) 435-3530 Attorney for Plaintiff '! . .. .. I, Thomas Vicari, President of D&T Transportation, Inc" verify that the statements made in this Complaint are true and correct. I understand that false statements therein are made subject to the penalties of 18 Pa. C,S, Sec 4904 relating to unsworn falsification to authorities, ~ '{u ,./lJ u.:~ OMAS VICARI, PRESIDENT D&T TRANSPORTATION, INC, .>>-""'. , , ", ~ h ~ c, .. .. Jl,JllIn~ .' "~ ~-'~1"" !! "^ ". k" ~.^., ~",-,~,.",;o.'" '\c.>_",,,",,' ""='_"-M_,,"'"-~~~""<'~"' ~ ~ =-. (') C ~ ~E' i-"";" l:i: ~. -, '"'< :''-,) Ii'> ~-_"><=-",~____--""'r.''''''' c> c:::> '-0 -, , , ~, ;~;- :;';-' , , '-'~ W~1Il~_'''i~">y~,o",=",,*,,,'''41-'''11'''i'-i!\:\ll'_!L'111~~lll'!1Ii11;l'~~!jIjliiJl~~~~~~ SHERIFF'S RETURN - U.S. CERTIFIED MAIL . .. ... CASE NO: 2001-01995 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND D & T TRANSPORTATION INC VS. BARRETT JAMES ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within n~med DEFENDANT ,RUCKER MICHAEL by United States Certified Mail postage prepaid, on the 6th day of April ,2001 at 0800:00 HOURS, at 152 DANIELS DRIVE MADISON HEIGHTS, VA 24572 , a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by CONSTANCE RUCKER 04/09/2001 on Additional Comments: Docketing Cert mail Affidavit Surcharge 6.00 2.99 .00 10.00 .00 18.99 homas Kline eriff of Cumberland County Sheriff's Costs: Paid by MARTIN J KARESS on 05/30/2001 Sworn and sUbscri~ to before this I A.JI- day of <<--'--' ,2.00/ A.D. me CJUJh C fr,,,p/,. J ~ othonotary -' '''<~W'''''''''-''''_~~~ ~ " 'I'!, , '=~~I 1'1 =~ SHERIFF'S RETURN - OUT OF COUNTY .. '. CASE NO: 2001-01995 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND D & T TRANSPORTATION INC VS BARRETT JAMES 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: BARRETT JAMES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LACKAWANNA County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 30th , 2001 , this office was in receipt of the attached return from LACKAWANNA Sheriff's Costs: Docketing Out of County Surcharge Dep Lackawanna Co 18.00 9.00 10.00 28.40 .00 65.40 05/30/2001 MARTIN J KARESS Tomas Kline iff of Cumberland County Sworn and subscribed to before me this JAY day of ~ 200/ A.D. Q'iA~ t2 ~/ ~. Prothonotary' ''',."",,''1 l'l"f , , r"~~ ~ .,..."., "" '1"IlI e ~"~" ~,~. ~~ . SHERIFF'S RETURN - REGULAR ~.l " CASE NO: 2001-001~4 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA D & T TRANSPORT,INC. VS JAMES BARRETT CHESTER CIPILEWSKI , Deputy Sheriff of Lackawanna County County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BARRETT JAMES the DEFENDANT , at 0003:10 Hour, on the 7th day of May , 2001 at 130 MONAHAN AVE. DUNMORE, PA by handing to EVIE RALFALKO MCNULTY,COUSIN AT 200 N.WASHINGTON,SCRANTON a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 28.40 .00 .00 .00 .00 28.40 So Answers: John Szymanski, Sheriff to-. t' ~~\ Deputy Sheriff 00/00/0000 2.00 NOTARY PAID Sworn and Subscribed to before me this d:" Df\ day of A.D. o Notarial Seal public ffanC8S DI~o, Notary ran\OII LaC1<ewanna Coun\'{ ~m\$s\Qn I'xplres Juiy 23, 2002 My .~"'SnJa As5(lc;s.\iOn at Notartoa, Mlmll8l, Pen,~,.. '-^'''''~l '" ~ , ~, I' ~ " I' ~~ , ~~ ~~~,' ". . , ~ ... , , ,I,i The Court of Common Pleas of Cumberland County, Pennsylvania " D & T Transporav~.on.. Inc James Barrett No. 2001 1995 Civil Now, April 6 , 20~ I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lackawanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ ~~ ~~;~ Sheriff of Cumberlan"l County, PA' Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ,c ~ . ........ .f :'~:;'\ :'-~i\IJIJl_, ""_~~. ~, I.' _T' " . Cot.':?lele items 1> 2, and 3. Also complete item 4 if Restricted Delivery is desired. . PrtL-t your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MIchael Rucker 152 Daniels Drive Madison Heights, VA A5!:..Agent '0 Addressee lem1? 0 Yes s below: ~o 3. SeI)lletfType E1' Certffied Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C,Q,Q, I 4. Restricted Delivery? (Extra Fee) 2001-1995 Civil DVes PS Form 3811, July 1999 2. Article Number (Gopy from service IOOeO 7099 3.100 00'18 5000 2800 1<1259S-O(J-M.09S2 Domestic Retum Receipt " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW D& T TRANSPORTATION, Plaintiff NO. 01-1995-CIVIL TERM vs. JAMES BARRETT, Individually and MICHAEL RUCKER, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) COUNTY OF LEIDGH ) I, MARTIN J. KARESS, ESQUIRE, being duly sworn. according to law, depose and state that on the 5th day of November, 2001, I forwarded a true and correct copy of the Complaint and Notice to Defendant to the Defendant, JAMES BARRETT, at 130 Monahan Avenue, Dunmore,PA 18512, and to the Defendant, MICHAEL RUCKER, at 152 Daniels Drive, Madison Heights, VA 24572, by regular mail. SWORN TO and subscribed before me this 5"*1 day of NOVEMBER ,2001. ~il~f?dJl,v N~TARY PUB-LIC MY COMMISSION EXPIRES: N A~~k SEAl 6ONN1E.L. PUTCH~R. NQla[Y PuQllc City 01 AII~nlown, ~eI1l!Ih COIlI1\Y . M Comll)l~slon Ex _ Oct 2, 2004 ~v-' ~it",~,~ .. ~ ._,,~,. . ,- .-tf '-~(-", '.'1, . ~ . "''''-'l~__' ~~. .,-", "" >~^' "^ ~~ '.~'"'"~~'"~~ ~<~ ,-- o ~;::: vIi rnt, ;s ;;~~' ~~;~ !::::C" -'- ,..:.>.--, ~fu ~ ".' {<'-', :~I:'~ .,-, ~~. I ,.J_.I (.,' '~I'." ~"~ ~ ~~ ., ~,~1"'JIfil'~~'OOl1"l!f!!~~'Fj~~~~~q~~~!illi!;~~~i ~ .... , ".- , . " Ii MASCELU & PATERSON By: Paul K. Paterson, Esquire 434 Lackawanna Ave" Ste, 200 Scranton, PA 18503 (570\ 348-0446 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW D & T TRANSPORTATION, INC, vs, JAMES BARRETT, individually and and MICHAEL RUCKER, NO, 01-1995 Civil Term Defendants ENTRY OF APPEARANCE Please enter my appearance on behalf of the Claimant in the above-captioned action, MASCELU & PATERSON BP~ t~~ PAUL K. PATERSON, ESQUIRE Attorney for Defendants Attorney I,D, #39120 434 Lackawanna Avenue, Suite 200 Scranton, PA 18503 (570) 348-0446 ',- h ~~': ._,<' ..1., ,. .....11 '!I MASCELLI & PATERSON By: Paul K. Paterson, Esquire 434 Lackawanna Ave" Ste. 200 Scranton, PA 18503 (570) 348-0446 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW D & TTRANSPORTATION, INC. vs, JAMES BARRETT, individually and and MICHAEL RUCKER, NO. 01-1995 Civil Term Defendants CERTIFICATE OF SERVICE I, PAUL K, PATERSON, ESQUIRE do hereby certify that a true and correct copy of the foregoing ENTRY OF APPEARANCE ON BEHALF OF DEFENDANTS has been forwarded to the following by United States First Class Mail, Postage Pre-Paid on this 18TH day of December, 2001: Martin J, Karess, Esquire 215 N, Ninth Street Allentown, PA 18102 ~SC7}-L1 & PATERSON <?~ ~~~ PAUL K. PATERSON, ESQUIRE ATTORNEY FOR DEFENDANTS ATTORNEY I.D, #39120 434LACKAWANNA AVENUE SCRANTON, PA 18503 (570) 348-0446 r:.. " , , - """,,~ . I " 'I I .1 I ^' .. ,-- "', ",.,- ',' --' '-' ,-' ,"'..; '--"'~-~'~"'--I='",""r' ~. , () 0 c: 0 ~$: 0 "1'1 cr' if} p;; l;,.n"i p:J z=tJ wS:: I\) rlfn -<,'~ "i,Jy ~~~, ~-'CJ u(' ~8 ''0 =:14 ::l!: {-S:t.i ~c: S9 C7() 2.: GIn ::< J::- :g en ::0 -< ,.._~" '_.m>l!~~~ .,_ ~ijl~~l'llnl.l~;~~~~~ "~ .~, . ~ , I;~l~,_ , , , MASCELLI & PATERSON By: Paul K. Paterson, Esquire 434 Lackawanna Ave" Ste, 200 Scranton, PA 18503 (570) 348-0446 D & T TRANSPORTATION, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA Plaintiff vs, CIVIL ACTION - LAW JAMES BARRETT, individually and and MICHAEL RUCKER, NO, 01-1995 Civil Term Defendants NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER AND NEW MATTER OF DEFENDANTS JAMES BARRETT AND MICHAEL RUCKER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU, Mascelli & Paterson BJi?~ 434 Lackawanna Avenue Suite 200 Scranton, PA 18503 (570) 348-0446 . I., 'Ii , " .:! II , MASeELU & PATERSON By: Paul K. Paterson, Esquire 434 Lackawanna Ave" Ste, 200 Scranton, PA 18503 (570) 348-0446 You are hereby notified to file a written response to the following document within twenty (20) days from service hereof or judgment may be entered against you. Bv: D & T TRANSPORTATION, INC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW Plaintiff vs, JAMES BARRETT, individually and and MICHAEL RUCKER, NO, 01-1995 Civil Term Defendants ANSWER & NEW MATTER OF DEFENDANTS, JAMES BARRETT AND MICHAEL RUCKER AND NOW, comes Defendants, JAMES BARRETT an MICHAEL RUCKER, by and through counsel, Mascelli & Paterson, and hereby files the following Answer to Plaintiff's Complaint as follows, to wit: 1, Denied, After reasonable investigation the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. 2-5, Admitted. 6-7. Denied. The allegations in these paragraphs are denied pursuant to 91029(e) of the Pennsylvania Rules of Civil Procedure, By way of further answer, after reasonable investigation the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in these paragraphs, and the same are, therefore, denied, 8. Denied, The allegations in this paragraph are denied pursuant to 31029(e) of the Pennsylvania Rules of Civil Procedure, lXi-",,, """""",?_""",,-,~.__,,,~., ,-, ~,__,"",., ","''', ',F.~I, '" " PAGE 2 9, Denied, The allegations in this paragraph are denied pursuant to S1029(e) of the Pennsylvania Rules of Civil Procedure. By way of further answer, after reasonable investigation the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and the same are, therefore, denied. 10, Denied, The allegations in this paragraph are denied pursuant to S1029(e) of the Pennsylvania Rules of Civil Procedure, WHEREFORE, Defendants demand that the Complaint against them be dismissed and judgment entered in their favor. NEW MATTER By way of further answer to Plaintiff's Complaint, Defendants set forth the following new matter. 1, Plaintiff's Complaint fails, in full or in part, to state a claim against Defendants upon which relief can be granted, 2. Plaintiff's claims, if any, are barred in whole or in part by the applicable Statute of Limitations, 3, Plaintiff's claims, if any are barred by Plaintiff's voluntary assumption of the risk. :"'" PAGE 3 4, Plaintiff's claims, if any are barred by the Doctrine of Laches, 5. Plaintiff's claims, if any, are barred and/or mitigated by Plaintiff's contributory negligence. 6, Plaintiff's claims, if any, are barred in whole or in part by the Doctrine of Estoppel. 7, Plaintiff's claims, if any, are barred by Plaintiff's comparative negligence. 8. Plaintiff has failed to mitigate damages, WHEREFORE, Defendants demand that the Complaint against them be dismissed and judgment entered in their favor, RESPECTFULLY SUBMITTED: By: GJJ i;a~~ PAUL K PATERSON, ESQUIRE Attorney 10 #39120 434 Lackawanna Avenue, Suite 200 Scranton, PA 18503 (570) 348-0446 ". v ,I! VERIFICATION I, PAUL K. PATERSON, ESQUIRE, being duly sworn according to law, depose and say that I am the attorney for Defendant, ROAD SCHOLAR TRANSPORT, in the foregoing matter, The verification of Mr, James Barrett, agent authorized to make this verification on behalf of Defendant, cannot be obtained within the time allowed for filing this pleading. I, PAUL K. PATERSON, verify the averments in the foregoing DEFENDANTS' ANSWER & NEW MATTER are true and correct to the best of my knowledge, information and belief from information obtained from Defendant, ROAD SCHOLAR TRANSPORT. This Verification is made subject to the penalties of 18 Pa.C,S, S 4904 relating to unsworn statements to authorities, PAUL K. ATERSON, ESQUIRE :t": "oc__"C_e ,,,,,",,,' ,"'-.-' "'''''''''" '!I Ii .;I Ii VERI FICA TION I, PAUL K. PATERSON, ESQUIRE, being duly sworn according to law, depose and say that I am the attorney for Defendant, MICHAEL RUCKER, in the foregoing matter, The verification of MR. MICHAEL RUCKER cannot be obtained within the time allowed for filing this pleading, I, PAUL K. PATERSON, verify the averments in the foregoing DEFENDANTS' ANSWER & NEW MATTER are true and correct to the best of my knowledge, information and belief from information obtained from Defendant, MICHAEL RUCKER. This Verification is made subject to the penalties of 18 Pa.C.S, S 4904 relating to unsworn statements to authorities, ?2:/ iI3w&fr PAUL K. PATERSON, ESQUIRE ~~,,":" p :'[ MASCELLI & PATERSON By: Paul K. Paterson, Esquire 434 LackawannaAve" Ste, 200 Scranton, PA 18503 (570) 348-0446 D & T TRANSPORTATION, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff vs, CIVIL ACTION - LAW JAMES BARRETT, individually and and MICHAEL RUCKER, NO, 01-1995 Civil Term Defendants CERTIFICATE OF SERVICE I, PAUL K. PATERSON, ESQUIRE do hereby certify that a true and correct copy of the foregoing DEFENDANTS' ANSWER AND NEW MATTER has been forwarded to the following by United States First Class Mail, Postage Pre-Paid on this ~y of January, 2002: Martin J, Karess, Esquire 215 N. Ninth Street Allentown, PA 18102 @~._. PAUL K, PATERSON, ESQUIRE ATTORNEY FOR DEFENDANTS ATTORNEY 1.0, #39120 434 LACKA WANNA AVENUE SCRANTON, PA 18503 (570) 348-0446 , , "-..-; '" .,l ". ~-, " ---\': ''!l, '. ',. . i ~~ ,< ~ ~ ". ~r..,.,. , "'~ -~'~ . ~." '~'" ,."", "'H," ,,,,,.,,,.,,,=,,,",,,~,.~,,~ ("M" "",. II 0 ,.., ~.- C f".J " , ~"- (- ~~;~ ---I ~u~ --.,..".. .!':~ l, :-:~! (;') c_ -, -<' ':>~ ~C) -7) ~b --" '--. G,l -;;''' ~. :." --j "", {)1 J.. ,__ ~ ~._~,~ffll'$;~!iI["~~~P~~~~!iIbI If'O'':'' .... 1:4 " " /1:; . .. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW D & T TRANSPORATION, INC. Plaintiff NO. 01-1995 Civil Term vs. JURY TRIAL DEMANDED OF NOT JAMES BARRETT, Individually LESS THAN 12 MEMBERS and MICHAEL RUCKER, Defendants PLAINTIFF'S REPLY TO NEW MATTER 1. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. 2. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. 3. Denied. The averment is a conclusion oflaw and, therefore, no response is required under Pa. RC,P, 4. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. RC.P. 5. Denied. The averment is a conclusion oflaw and, therefore, no response is required under Pa. R.C.P. 6. Denied. The averment is a conclusion oflaw and, therefore, no response is required under Pa. RC.P. ::~,- ~' '0'" -",' , ", ,- , ~-L-" ' " :1" ~ ' ... 7. Denied. The averment is a conclusion oflaw and, therefore, no response is required under Pa. R.C.P. 8. Denied. The averment is a conclusion of law and, therefore, no response is required under Pa. R.C.P. WHEREFORE, Plaintiff demands judgment against the Defendants in the sum of $12,889.99, with lawful interest thereon, delay damages, and costs of suit and brings this action to recover the same. BY: . -I"'l~' r ,<" ,'Ic, .. 1'1' !- . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF LEHIGH ) MARTIN 1. KARESS, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above-captioned action; that Plaintiff s counsel makes this affidavit in order to expedite the filing of this Reply to New Matter, Plaintiff's counsel makes this verification based upon information received from Plaintiff. SS, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS.;2( 4f DAY ,2002, MY COMMISSION EXPIRES: . .- . NOTARIAL SEA\a Public G aNNI\': L PUTC\1ER. ~h &'ounlY . B City ot AIIen\ow~, ~:1)c\. 2, 2004 \~~l1)'SSlOn ...., .~'~.~... 't" ::; ""~ 'I',;,. I". ' "'1 '.,.."'.. ""." , O".'I~ , ,~,,,,, ".~ ~ <-~ ~ "" ,". ,c, :j ~ 'I , ~~'-~""''''''''''I''''-'''"''''~~ "'. . . ""'~ ,'--'" '"'' r~ ",,-,,,,,,,,,,,,,,,,,,",,,',,"',,"- o f; :-0 -~ rr, Q;l -:>t'i :??_"J.;i Ci5 S:" ;:S-c' ~c::-' ?;C'. i;c) s.' -.::t -< "-.~ ~ c" .- -"" ) C) l'v o i'i .- :~ :7'!:'.: , ..:; .~"- .~' .-/;{g ~i;_S i:~}1;/ -, ~- ."J ""<; /'..) G.> <::r ~ '" 'WI' JJ,,,,~I~'I!'~!"i@I~~'W"'''1!.o/~'<'IJ<lI~~if;I;~~I~Wilf!'JliM~~~T <".~r' MASCELLI & PATERSON By: Paul K. Paterson, Esquire 434 Lackawanna Ave., Ste. 200 Scranton, PA 18503 (570) 348-0446 D & T TRANSPORTATION, INC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW vs. JAMES BARRETT, individually and and MICHAEL RUCKER, NO. 01-1995 Civil Term Defendants PRAECIPE FOR DISCONTINUANCE TO: Office of the Clerk of Courts Cumberland County Courthouse SIR: Please mark the above-entitled action settled, ended and discontinued with prejudice. ORDER This action is discontinued with prejudice as stated above. DATED:~\.l 9,;;toe .;l...._ By: ..,-7 ~,- i',\) "t; )f '-~"*"'Il~ C',...... ~ . I, I "'~I I', , " ~ 1'," =..,..~ ~__.<IImf'JII~'"r , ,~_~ ,j_i~ <.-. ".> , '0' , ~,~~ '<0 "^ h'~,. >__,,' ~,.,,<_. (') <::> 0 c N -n ,,- ;po -~ .~ ""'0-'(:0 --.:J "To mr;; ;;0 ;T't# Z:D 6;r;::. 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