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Home My WebLink About99-03069:,:? RAY M. HOLT, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3069 ROADWAY EXPRESS, INC. and CIVIL ACTION - LAW HARRY TOLLIVER, Defendants NOTICE OF MEETING OF ARBITRATORS Please take notice that the arbitrators appointed in the above-captioned action will sit for the purpose of their appointment on Tuesday, October 3, 2000 at 1:30 P.M. in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania. Date: A i -?'! `OGG By: /U?ILGLf!/?. G9 . l? William A. Yocu Esquire Chairman TO: Ronald H. Pollock, Jr., Esquire Stephanie Carfley, Esquire 126 East King Street Lancaster, PA 17602-2893 Attorney for Plaintiff Michael J. Pykosh, Esquire 355 North 21st Street Wagner Building Camp Hill, PA 17011 Arbitrator Thomas R. Miller, Esquire P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 Attorney for Defendants Maura K. Quinlan, Esquire 2303 Market Street Camp Hill, PA 17011 Arbitrator Thomas F. Cheffins 1 Courthouse Square Carlisle, PA 17013 126 Enet King Street Lancaster, PA 17608.3126 Tel (717) 299.5201 Pax (717) 291.9660 Attorneys at Law www.barley.com STEPHANIE CARPLEY, ESQUIRE Direct Dial Number: 717-399-1536 E-mail: scarflcy@barley.com September 19, 2000 William A. Yocum, Esquire 3001 Market Street Camp Hill, PA 17011 Re: Ray K Holt, Inc. v. Roadway Express, Inc., et al. Dear Mr. Yocum: Lancaster York Harrisburg Chambersburg Reading Hanover I represent Ray M. Holt, Inc., the Plaintiff in the above referenced matter, which is currently scheduled for an Arbitration Hearing on Tuesday, October 3, 2000 at 1:30 p.m. in Cumberland County. I recently spoke with my client and was advised that Mr. Holt is recovering from heart surgery and will not be able to travel to Pennsylvania from North Carolina to attend the hearing in this matter. Accordingly, I am requesting a continuance of the hearing. I have contacted defense counsel and he has no objection to this request for a continuance. If you need anything else, please contact me. Thank you for your consideration in this matter. Very truly yours, Stephanie arfley SC/sc:926144.1 cc: The Honorable George E. Hoffer Michael J. Pykosh, Esquire Thomas E. Cheffins, Esquire Teresa R. McConnack, Esquire Thomas R. Miller, Esquire WILLIAM A. YOCUM ATTORNEY AT LAW 3001 MARKET STREET CAMP HILL PA 17011 AREA CODE 717 TELEPHONE 761.5041 September 21, 2000 Stephanie Carfley, Esquire 126 East King Street Lancaster, PA 17608-3126 Re: Ray M. Holt, Inc. v. Roadway Express, Inc. et al Dear Attorney Carney : I am in receipt of your letter of September 19, 2000 requesting a continuation of the Arbitration Hearing. It is the practice, in Cumberland County, for the party requesting a continuation of an Arbitration Hearing to bear the responsibility of contacting all interested parties, including the Court Administrator's Office (240-6200) and the members of the Arbitration Board, and setting up a new hearing in Cumberland County at a time convenient to all parties. If you have any questions, feel free to call. Very truly yours, William A. Yocum, Board Chairman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RAY M. HOLT, INC., Plaintiff V. NO. 99-3069 CIVIL ROADWAY EXPRESS, INC. and HARRY TOLLIVER, Defendants NOTICE TO PLEAD To: Ray M. Holt, Inc., Plaintiff and Stephanie Carfley, Esquire, its attorney You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service upon you or a default judgment may be entered against you. MILLER and MIL R By: Thom R. Miller I.D. #49801 P.O. Box 709 113 Locust Street Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendants DATE: July 6, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RAY M. HOLT, INC., Plaintiff V. NO. 99-3069 CIVIL ROADWAY EXPRESS, INC. and HARRY TOLLIVER, Defendants DEFENDANTS ROADWAY EXPRESS, INC. AND HARRY TOLLIVER'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Admitted on information and belief. 2.-3. Admitted. 4. Defendants Roadway Express, Inc. and Harry Tolliver (hereinafter "Defendants") are without information sufficient to admit or deny the allegations of this paragraph. 5. It is admitted Harry Tolliver is an employee of Roadway Express, Inc. The balance of the averment is denied generally pursuant to Pa. R.C.P. 1029(e). 6.-14. Denied generally pursuant to Pa. R.C.P. 1029(e). COUNTI 15. Defendants' responses to Paragraphs 1 through 14 of Plaintift's Complaint are incorporated herein by reference. 16.-19. Denied generally pursuant to Pa. R.C,P. 1029(e). WHEREFORE, Defendants demand Plaintiffs Complaint be dismissed with prejudice. j COUNT 11 I 20. Defendants' responses to Paragraphs 1 through 19 are incorporated herein by reference. 21. It is admitted Harry Tolliver is employed by Roadway Express, Inc. as a driver. 22.-26. Denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants demand Plaintiffs Complaint be dismissed with prejudice. COUNT III 27. Defendants' responses to Paragraphs I through 26 are incorporated herein by reference. 28.-32. Denied generally pursuant to Ila. R.C.P. 1029(e). WHEREFORE, Defendants demand Plaintiffs Complaint be dismissed with prejudice. <I NEW MATTER 33. Plaintiffs damages were caused by individuals or incidents unrelated and/or beyond the control of Defendants. 34. In the alternative, Plaintiffs damages were caused by the negligence of its employee-driver, John Benning in traveling too fast for the conditions then and there existing and failing to yield the right-of-way to Defendants' vehicle which was lawfully and prudently exiting the toll booth of Turnpike Exit 16 at all times relevant to this cause of action. 35. Plaintiff has failed to mitigate its damages. MILLER and MILLER Thomas RiiMiller, Esquire I.D. No. 49801 P.O. Box 709, 113 Locust Street Harrisburg, PA 17108-0709 (717) 232-0750 Attorneys for Defendants DATED: 9-6 _1q 3 VERIFICATION 1, Thomas R. Miller, do hereby affirm that I am the attorney for the Defendants and that I am authorized to make this Verification on their behalf. I do hereby affirm, based upon reasonable investigation, information and belief, that the averments in the foregoing Answer with New Matter are true and correct. This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904 (relating to unsworn falsification to authorities). . / Thomas'. Miller Attorney for Defendants DATE: 7.?-R? CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served upon the following person(s) by United States first class mail, postage prepaid, on this date: Stephanie Carfley, Esquire Barley, Snyder, Senft & Cohen, LLC 126 East King Street Lancaster, PA 17602-2893 O-Lovice I. Kauffman, e MILLER and MILLER Date: July 6, 1999 r a' 1 ? N i74yJ CIN U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RAY M. HOLT, INC., Plaintiff V. No. 99-3069 ROADWAY EXPRESS, INC. and HARRY TOLLIVER, Defendants PLAINTIFF'S REPLY TO DEFENDANTS ROADWAY EXPRESS, INC. AND BARRY TOLLIVER'S NEW MATTER 33. The averments of paragraph 33 of Defendants' New Matter are denied as stating conclusions of law to which no responsive pleading is required. To the extent a response is deemed to be required, paragraph 33 is denied generally pursuant to Pa. R.C.P. 1029(e). 34. The averments of paragraph 34 of Defendants' New Matter are denied as stating conclusions of law to which no responsive pleading is required. To the extent a response is deemed to be required, paragraph 34 is denied generally pursuant to Pa. R.C.P. 1029(e). 07n3/99SG819991.1 35. The averments of paragraph 35 of Defendants' New Matter are denied as stating conclusions of law to which no responsive pleading is required. To the extent a response is deemed to be required, paragraph 35 is denied generally pursuant to Pa. R.C.P. 1029(e). BARLEY, SNYDER, SENFT & COHEN, LLC By: Ronald F V Pollock, Jr., Esqu Stephanie Carfley, Esquire Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 52586 Court I.D. No. 79136 07n3i99sa819981.1 2 VERIFICATION I, RAY M. HOLT, President of Ray M. Holt, Inc., hereby verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 47a Date: Z2 07112/99SCJ819981 A Aa'.?rD Ray . olt, President CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of Plaintiff's Reply to Defendants Roadway Express, Inc. and Harry Tolliver's New Matter was served this c),3 day of 1999, by first class mail, postage prepaid, upon: Thomas R. Miller, Esquire Miller & Miller 113 Locust Street P.O. Box 709 Harrisburg, PA 17108-0709 BARLEY, SNYDER, SENFT & COHEN, LLC By: Ronald H. Pollock, Jr., Esqu Stephanie Carfley, Esquire Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 52586 Court I.D. No. 79136 07123199sC/819981.1 N .. _ L7 ?:j _ e` .:. ?n - &7 ??_; O6'- c. =; ?_ J ?_. ?.7 u.. G? U V u' LAW OFFICES BALL, MURREN & CONNELL 2300 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 (717)232.0731 PHILIP MURREN RICHARD D E. CONNELL FACSIMILE (717) 232.2142 MAURA K. QUINLAN TERESA R. MCCORMACK THOMAS A. CAPPER MAILING ADDRESS: P.O. BO% I100 HARRISBURG. PENNSYLVANIA 17108-1108 September 5, 2000 Honorable George E. Hoffer President Judge Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 WILLIAM BENTLEY BALL (1916-1090) RE: Ray M. Holt, Inc., v. Roadway Express, Inc. and Harry Tolliver Docket No. 99-3069 Dear Judge Hoffer: I will be unable to act as an arbitrator in the above-referenced matter. Attorney Teresa R. McCormack (of our office) has agreed to act in my place. Enclosed for your signature is an Order appointing Attorney McCormack to replace me. Thank you for your attention to this matter. Very truly yours Maura K. Quinlan MKQ/nll cc: Ronald H. Pollock, Jr., Esq. Michael J. Pykosh, Esq. Thomas F. Cheffins Thomas R. Miller, Esq. William A. Yocum, Esq. Vol RAY M. HOLTS, INC., Plaintiff V. ROADWAY EXPRESS, INC. and HARRY TOLLIVER, Defendants : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA No. 99-3069 CIVIL ACTION - LAW ORDER AND NOW, this day of September, 2000, I hereby appoint Teresa R. McCormack to be an arbitrator in the above-referenced matter in place of Maura K. Quinlan, said arbitration to take place Tuesday, October 3, 2000 at 1:30 p.m. Dated: September , 2000 J. SC/PLDG/418633.1 /051799 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RAY M. HOLT, INC., Plaintiff V. No. 1 1 f -30&y ROADWAY EXPRESS, INC. and HARRY TOLLIVER, Defendants NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: ('nnrt Adminktrator CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 or 1 800 990 9108 Telephone: (/1/) L4U-0LUU SC/P LDG/418633.1 /051799 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RAY M. HOLT, INC., Plaintiff V. No. X1'9 30G 9 Cw?! Tz.? ROADWAY EXPRESS, INC. and HARRY TOLLIVER, Defendants COMPLAINT 1. Plaintiff, Ray M. Holt, Inc., is a corporation with a principal mailing address of P.O. Box 381, Dana, North Carolina. 2. Defendant, Roadway Express, Inc., is a corporation with its principal place of business at 1077 Gorge Boulevard, Akron, Ohio. 3. Defendant, Harry Tolliver, is an adult individual who is an agent, servant and/or employee of Defendant, Roadway Express, Inc., and who resides at 7216 Bobby Lane, Cincinnati, Ohio. 4. At all times material hereto, Plaintiff, Ray M. Holt, Inc., was the owner and John Benning was the operator of an 81 Peterbilt 359 Road Tractor. 5. At all times material hereto, Defendant, Roadway Express, Inc. ("Roadway"), was acting through its authorized agents, servants and/or employees, including without limitation, Defendant Harry Tolliver. SC/PLDG/418633.1 /051799 6. On December 17, 1998, at approximately 9:00 p.m., John Benning was operating Plaintiff Ray M. Holt, Inc.'s truck and was en route to Toms River, New Jersey with a load of landscaping trees from Etowah, North Carolina. 7. Plaintiff's driver was at the toll booth for Exit 16 of the Pennsylvania Turnpike, near Carlisle, Cumberland County, Pennsylvania. 8. After retrieving a toll ticket for the Pennsylvania Turnpike and proceeding through the toll booth towards the eastbound ramp of the Turnpike, Defendant's vehicle was slightly ahead of Plaintiff's vehicle and to the left. 9. Without warning, Defendant's truck moved over into the lane of traffic Plaintiff's truck was in and collided into the left side portion of Plaintiff's truck, causing property damage and other damages to Plaintiff. 10. Instead of exiting onto the eastbound ramp as intended, Plaintiff's driver followed Defendant's truck, westbound on the Pennsylvania Turnpike until the truck's driver pulled over to the side of the road. 11. Plaintiff's driver and Defendant's driver then proceeded to the Pennsylvania State Police Station at Newville, where they exchanged information. 12. At the Pennsylvania State Police Station, Corporal T. Peters filled out a Notice of Accident Investigation form identifying Roadway Express, Inc. as the owner of the trick and Harry Tolliver as the driver of the Roadway truck 13. Plaintiffs truck sustained damages in the accident totalling $10,004.03. 2 SC/PLDG/419633.1/051799 14. Because of the damages sustained in the accident, Plaintiff's truck could not be used for business from December 18, 1998, the day after the accident, until February 1, 1999. COUNT I - NEGLIGENCE RAY M. HOLT, INC. v. HARRY TOLLIVER 15. Paragraphs 1 through 14 are incorporated by reference as though set forth in full herein. 16. Defendant Tolliver had a duty to operate Roadway's truck in a safe manner so as not to cause damage to other vehicles. 17. The aforesaid collision was caused by the negligence of Defendant Tolliver which consisted, without limitation, of the following: (a) failure to observe and heed the position of Plaintiff's truck on the roadway; (b) failure to keep his vehicle under proper and adequate control; (c) failure to keep a proper lookout for other lawful users of the highway; (d) failure to make reasonable and prudent observations of the conditions then existing; (e) failure to operate his vehicle with due care under the conditions then existing; (f) failure to operate his vehicle giving due regard for the rights of other motorists lawfully proceeding on the highway; 3 SC/PLDG/418633, t 1051799 (g) violating various statutes of the Pennsylvania Motor Vehicle Code and/or local ordinances; and (h) being otherwise negligent. 18. As a direct and proximate result of the aforesaid negligence of Defendant Tolliver, Plaintiff, Ray M. Holt, Inc., sustained damages to its truck in the amount of $10,004.03. 19. Prior to this accident, Plaintiff, Ray M. Holt, Inc., utilized the truck in the operation of business, and Plaintiff's business has been harmed by the loss of use of the truck, in an amount of $4,400.00. WHEREFORE, Plaintiff, Ray M. Holt, Inc., requests that judgment be entered in its favor and against Defendant, Harry Tolliver, in an amount in excess of $14,404.03, together with interest and costs as allowed by law. COUNT II - NEGLIGENCE RAY M. HOLT, INC. v. ROADWAY EXPRESS, INC. (AGENCY) 20. Paragraphs 1 through 19 are incorporated by reference as though set forth in full herein. 21. At all times material hereto, Defendant Tolliver was operating Defendant Roadway's truck as the agent, servant and/or employee of Roadway Express, Inc. 22. At all times material hereto, Defendant Tolliver was acting within the scope of his employment as a truck driver for Roadway Express, Inc. 4 SC/PLDG/418633.1/051799 23. The aforesaid collision was caused by the negligence of Defendant Tolliver, as set forth in paragraph 15(a) through 15(h), and incorporated by reference herein. 24. Defendant Roadway is liable to Plaintiff pursuant to the doctrine of agency and/or respondeat superior for the actions of its authorized agent, Harry Tolliver. 25. As a direct and proximate result of the aforesaid negligence of Defendant, Roadway Express, Inc.'s agent, servant and/or employee Defendant Tolliver, Plaintiff has sustained damage to its truck in the amount of $10,004.03. 26. Prior to this accident, Plaintiff, Ray M. Holt, Inc., utilized the truck in the operation of business, and Plaintiff's business has been harmed by the loss of use of the truck, in an amount of $4,400.00. WHEREFORE, Plaintiff, Ray M. Holt, Inc., requests that judgment be entered in its favor and against the Defendant, Roadway Express, Inc., in an amount in excess of $14,404.03, together with interest and costs as allowed by law. COUNT III - NEGLIGENCE RAY M. HOLT, INC. v. ROADWAY EXPRESS, INC. 27. Paragraphs 1 through 26 are incorporated by reference as though set forth in full herein. 28. Defendant, Roadway Express, Inc., had a duty to hire only experienced and qualified drivers to operate its trucks. 29. Defendant Tolliver was neither an experienced nor qualified truck driver. 5 SCIPLDGl418633.1l051799 30. In hiring Defendant Tolliver to drive its trucks, Defendant, Roadway Express, Inc., breached its duty to hire only experienced and qualified truck drivers and is negligent. 31. As a direct and proximate result of the negligence of Defendant, Roadway Express, Inc., Plaintiff has sustained damage to its truck in the amount of $10,004.03. 32. Prior to this accident, Plaintiff, Ray M. Holt, Inc., utilized the truck in the operation of business, and Plaintiff's business has been harmed by the loss of use of the truck, in an amount of $4,400.00. WHEREFORE, Plaintiff, Ray M. Holt, Inc., requests that judgment be entered in its favor and against the Defendant, Roadway Express, Inc., in an amount in excess of $14,404.03, together with interest and costs as allowed by law. Date: J ?Iql q9 Respectfully submitted, BARLEY, SNYDER, SENFT & COHEN, LLC By: J/lam'?Y Ronald H. Polloc Jr., Esquire Stephanie Carfley, Esquire Attorneys for Plaintiff 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 52586 Court I.D. No. 79136 6 SC/PLD G/418633. I /040999 VERIFICATION I, RAY M. HOLT, President of Ray M. Holt, Inc., hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Dated: 4-a01 -M I)IA r Ray olt, President ?>> ?. .? r ?; j= ? , :: ;: ??. J L,: ,._? L. `- ? .. ? ii ? ,,.. _ > ?L:J li. ? ?..? C:1 _: _] iJ ?? ?" ????? ?? ?1 ,A? ? ? V VVV? y `? ??{,\? \ ' i ? v+?. V RAY M. HOLTS, INC., Plaintiff V. : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA : No. 99-3069 ROADWAY EXPRESS, INC. and . HARRY TOLLIVER, : CIVIL ACTION - LAW Defendants ORDER AND NOW, this 6 A day of September, 2000, I hereby appoint Teresa R. McCormack to be an arbitrator in the above-referenced matter in place of Maura K. Quinlan, said arbitration to take place Tuesday, October 3, 2000 at 1:30 p.m. Dated: September, 2000 A*?) p, J. ?KG2y GCC!'f?cxs?ta-?1?.- TRUE COPY FROtA FE-.Con. D In Twimnny w,?Oroaq, I toe uota ,f i :ny tk3isd znd tlx, ,a? Of Said C UN at C:t[t13 , P3: rhls Y f 1« ?t G 3 ia(_All Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAY M. HOLT, INC., Plaintiff NO. 3069 CIVIL 1999 V. ROADWAY EXPRESS, INC. and HARRY_ TOLLIVER, Defendants RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stephanie Carf ley counsel for the plaintiffigeffi Main the above action,,. respectfully represents that: 1. The above-captioned actiorKi= 2ina*issX= a issue, 3of 2. The claim of the plaintiff in the action is 4 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfu y submitted, Stephanie Carfl Esquire ORDER OF COURT AND NOW, }9, in consideration of the / "Itj E. foregoing petition, q , ---? Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. e P.J. rn cv ?-{I :n -• :z ,, V L CJ ? ? /1f Illy filn ,.. ^??Ui?fIY C?II PENIvSI'Ll,' ?!li1 ti Attorneys at Law mmbarley.com 126 East King Street STEPHANIE CARFLEY Direct Dial Number: (717) 399-1536 E-mail: scarfley@barley.com Thomas R. Miller, Esquire P.U. Box 709 113 Locust Street Harrisburg, PA 17108-0709 Michael 7. Pykosh, Esquire 3805 Market Street Camp Hill, PA 17011 Lancaster. PA 17608.3126 Tel (717) 299.5201 Flax (717) 291.4660 Lancaster York Harrisburg Citambersburg Reading Hanover September 28, 2000 William A. Yocum, Esquire 3001 Market Street Camp Hill, PA 17011 Teresa R. McCormack, Esquire Ball, Murren & Connell 2303 Market Street Camp Hill, PA 17011 Re: Ray M. Holt, Inc. v. Roadway Express, Inc., et al. Dear Counsel: This letter will confirm my secretary's conversation with each of your offices regarding the arbitration hearing in the above-referenced matter. The arbitration hearing scheduled for October 3, 2000 at 1:30 p.m. in Carlisle, Pennsylvania has been postponed. The arbitration hearing has been rescheduled for Tuesday. December 5. 2000 at 10:00 a.m. in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle. Pennsylvania. Please mark your calendars accordingly. Thank you for your cooperation in rescheduling this arbitration. . Very truly yours, SC:mcw/928136.1 Stephanie fley cc: Mr. and Mrs. Ray M. Holt Mr. Richard Pierce - Court Administration The Honorable George E. Hotter RAY M. HOLTS, INC., Plaintiff V. ROADWAY EXPRESS, INC. and HARRY TOLLIVER, Defendants : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA No. 99-3069 CIVIL ACTION - LAW ORDER AND NOW, this ? day of September, 2000, I hereby appoint Teresa R. McCormack to be an arbitrator in the above-referenced matter in place of Maura K. Quinlan, said arbitration to take place Tuesday, October 3, 2000 at 1:30 p.m. Dated: September -P---, 2000 _?Oml J. I i i ,V 00 RAY M. HOLTS, INC., Plaintiff V. ROADWAY EXPRESS, INC. and HARRY TOLLIVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-3069 CIVIL ACTION - LAW ORDER AND NOW, this _U., day of September, 2000, I hereby appoint Teresa R. McCormack to be an arbitrator in the above-referenced matter in place of Maura K. Quinlan, said arbitration to take place Tuesday, October 3, 2000 at 1:30 p.m. Dated: September _?. _, 2000 ?(; ?i'2J1L?I? JYaL. ??4e /C?41ti ly . ?._.LL27 GC????uOti AM - 10, J. `7 FRJE COPY FROM F-CCI0 in i twle u^to 3Gf a y tend an, ??i K+ SQ.; 0 +„d i'lul at wtdsa, N. This -1 day r Prothonotary GEORGE E. HOFFER PRESIDENT JUDGE ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013.3387 I; N'/ k f SEP 0 6,0 Q .3 P6M?T« a ]158334 U. S, POS TAGE ?; i\, O?Of(lV Oq SS S NgRFgF?F f\ Michael J. PykfoftgEsquire Wagner Building, Suite 205 N, 355 North 21st Stre ` r Camp Hill, PA 1