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Home My WebLink About01-641311/13/2001 12:53 FAX 717 730 7366 REAGER & ADLER ~002 WALSH TRUCKING SERVICES, LLC, NINA LOUISE OBERLIN a/k/a NINA OBERLIN HACH, Defendant : IN TH~ COURT OF COMMON PLEAS : CUlvlBERLA1ND COUNTY, PENNSYLVANIA -NO. o : CIVIL ACTION - LAW You have been sued in court. If you wish to defend against the claims set forth in thc fo]lowing pages, you must take action within twenty (20) days after titis eompJaint 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 agsin.et you by the court without further notice for any money claimed in the complaint or/'or any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to yOU. YOU SHOULD TAKE TH~S PAPEI~ TO YOLrR LAWYER AT ONCE. I~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 4 WALSH TRUCKING SERVICES, LLC, Plaintiff Vo NINA LOUISE OBERLIN a/k/a NINA OBERLIN HACH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW . The Plaintiff is Walsh Trucking Services, LLC (hereinafter "Walsh"), a corporation incorporated and doing business under the laws of the State of New York, with its principal place of business located at 50 Burney Avenue, Massena, New York 13662. 2. The Defendant is Nina Louise Oberlin Wk/a Nina Oberlin Hach (hereinafter "Hach"), an adult individual currently residing at HCR 33, Box 122, Harrison, Arizona 72601. 3. On August 18, 2000, the tractor and trailer owned by Plaintiff Walsh was lawfully and carefully operated in a northerly direction by the driver of the tractor and trailer on Interstate 81 North located in Cumberland County, Pennsylvania. 4. At that time, date and place, Defendant Hach negligently, recklessly and carelessly operated her Nissan 2000 X-Terra and attached UHAUL trailer by negligently, recklessly and carelessly swerving her vehicle and attached UHAUL trailer into the lane occupied by Walsh's tractor and trailer so as to cause the UHAUL trailer to collide with Walsh's tractor and trailer causing serious property damage as is more fully described herein. 5. At the time of the accident, Defendant Hach was negligent, reckless and careless under the circumstances by: a. Failing to have her motor vehicle under proper and reasonable control; b. Operating her motor vehicle in such a manner as to cause it to collide into and against Plaintiff Walsh's tractor and trailer; c. Failing to give prompt, proper and adequate warning of her movement into the lane occupied by Walsh's tractor and trailer; d. Operating her motor vehicle without due regard to the presence and safety of Plaintiff Walsh; e. Failing to operate her motor vehicle so as to avoid the collision; f. Failing to operate her motor vehicle in a safe and proper manner; g. Operating her motor vehicle at a high and excessive rate of speed under the circumstances; h. Failing to comply with the laws, rules and regulations of the Pennsylvania Motor Vehicle Code 75 Pa.C.S. §3301, et. seq. pertaining to the operation of motor vehicles in or about the public highways in a safe manner. In particular the Defendant operated her vehicle and trailer in violation of the following Vehicle Code Section: (a) §3303 Overtaking vehicle on the left (b) §3309 Driving on roadways laned for traffic (c) §3310 Following too closely; i. Failing to operate her motor vehicle with due regard to the position of other vehicles on the road including the Plaintiff's tractor and trailer; and j. Failing to operate her motor vehicle with attached trailer in accordance with the requirements and guidelines of the owner of the trailer. 6. As a result of the negligence, recklessness and carelessness of Defendant Hach which caused the aforesaid collision, Plaintiff Walsh suffered substantial damage to its tractor and trailer. The invoices evidencing the damage caused by Defendant Hach to Plaintiff Walsh's tractor and trailer and the costs to repair the damages are attached hereto and incorporated herein by reference as Exhibit "A". 7. As a result of the Defendant's negligence, recklessness and carelessness, the Plaintiff has suffered personal property damages and other related damages in the principal amount of $23,900.43. WHEREFORE, Plaintiff Walsh Tracking Services, LLC respectfully requests this Honorable Court to enter judgment in its favor and against Defendant, Nina Louise Oberlin a/k/a Nina Oberlin Hach in the amount of $23,900.43, plus interest and costs. Date: November 13, 2001 Respectfully submitted, Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff Exhibit A WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 1:3662 (:315) 769-:3574 S 0 L D T 0 ~i."'~i~ 9',i pp~d ~,h ~ ppeu ~ipped '.;hipped t. ~Bt~ E~ 53{.P.111 ~. ~,778 00818813 36.~ Please Remit To: 50 Burney Ave. L~qLSHT PLEASE RETURN THIS PORTION OF THE iNVOICE WITH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 (315) 769-3574 s SF~ H P T 0 Please Remit To: 50 Burney Ave. ~[~ped ~tpped ~t),66E7 t2.'~ 52.1 PLEASE RETURN THIS PORTION OF THE INVOICE WITH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 (315) 769-3574 s ~ H P T O Itel3 Please Remit To: 50 Burney Ave. 00018813 SRRT~ g~ ~ Gt~5'712 EYJ.tPUST PIP~ FI~NCIS t~tt 5" E~i~'II~E ~T,k~k {~ LONG ~ipped ~ip~d ~ly.,ped ~i~ed Shipped ~ipped 5, m ~ t.~ EA 6778 161,~111 15. ~iM, 3, 8667 ItS,~ I£I.B 15. ~ tIS.~ PLEASE RETURN THIS PORTION OF THE INVOICE WITH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 (315) 769-3574 5~ Btq~EY AVE. )N~'SENA~ NY 13662 s ~q)lE H I P T O Please Remit To: 50 Burney Ave. ELECTRICAL BOX L1~E5 E~ ~-~9~ 5' ~.~ER S~qip~ed 5hipped Shipped i.~ EA 1.~ EA l.a556 3. 7~61 ' l& 8889 ~9. 3889 PLEASE RETURN THIS PORTION OF THE INVOICE WITH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 (315) 769-3574 WAL~Hi' 50 BU~ ME. ~, NY t36E2 H P T 0 ~hipp~d Ship~ed P~E Please Remit To: 50 Burney Ave. ~t{13~l~ ~18813 15.8~ 38.1~ 13.~ PLEASE RETURN THIS PORTION OF THE INVOICE WiTH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 (315) 769-3574 s o L D T eO ,~ ~1~,I~¥ Pt/E. ~gipped ~hipped ~9ippe~ Shipped ~ip~ed Please Remit To: 50 Burney Ave. PLEASE RETURN THIS PORTION OFTHEINVOICE WITH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 (315) 769-3574 S 0 L T 0 s SA~ H P T O ENI) CPP ~h i pped ~i~ed ~ip~d Shipped Shipp~ ~ipped I.~ EA 3,~.3778 333 28.6111 8.;:'!11 9e~18813 31.3~ 57.~ 16.~ Please Remit To: 50 Burney Ave. PLEASE RETURN THIS PORTION OF THE INVOICE WITH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 {315) 769-3574 s ~ H I P T 0 2~-3~3-~ PLAIE STEP EI~ PLATE SIEP ElvJ) PLATE ~pped ~ipped Sh:pped ~ippe~ ~ipped i.~ EA I.~ EA !.~ Eq 17.3889 17~. ~'~'P 5, 7889 51.8111 Please Remit To: w~,~co. 50 Burney Ave. ~t~813 e8/3~/~ ~e18813 17.3 ll.5 51.~ PLEASE BETURN TH{S PORT{ON OF THE IN¥O{CE W{TH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 (315) 769-3574 S 0 L D T 0 ~/~1~ 5~ ~JRI~ fiVE. P22-33~37, - lSe STEP S~EP ~R ~ ZSI ~ip~d ~ip~ed ~i~ed I ~18813 4.6666 ~ t. ~57 i.~ Rq 7.1889 7.1S Please Remit To: 50 Burney Ave. PLEASE RETURN THiS PORTION OF THE INVOICE WITH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 (315) 769-3574 ~P&SH T.~U~UdN6 ~RVt~, INC s '?4IME ~ BU~I~.Y aV£. H F~i6HT ~P f,:oC.'E T STEP FL.~L TF.~< STRA~ ~ipped Shipped Sh.~. pp.~d .Chipped ~ipped 3. C~ EA 31.3778 87.9889 8.3~2 7,5778 3.3556 II5.35~6 ~t8813 127, 31. 12.6. Please Remit To: 50 Burney Ave. PLEASE RETURN THIS PORTION OFTHEINVOICE WITH YOUR PAYMENT LATCH WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 (315) 769-3574 WALSHT WF~.~ T)~O(ING ~RV!CE, I~ 5~ BURNE~' AUE. s 9~ H P T 0 Shipped 1.88M EA 51.3776 ~hipped 1.8888 E;~ 31.8667 ~ip~d 1.~ ~ ~mi~e~ l.~ ER 131.4~ ~i~ed 1.~ ~ ti 51.34 31.~' 6~.~ Please Remit To: 50 Burney Ave. 813~1~ (~18813 PLEASE RETURN THIS PORTION OF THE INVOICE WITH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 {315) 769-3674 S O L D T O W~-~M T~JO(~N6 ~ERU~CE, I~ BURNEY AUE. P~ NY 136fa2 C/mE 16-t237,3-nl~ 51~iN6 I-~E~ER PIN U-BOLT I ~- 1 ~ ~R H~2~ ~E-P~39~ l~ Sl~ ~IB~ Shipped ~lipp~i ~ipp~d ~hipped ~9~pped I.L7111 9778 5444 .5889 Bb'SG 58. 7.~. 39.5 ~,.7 Please Remit To: 50 Burney Ave. PLEASE RETURN THIS PORTION OF THE INVOICE WITH YOUR PAYMENT WALSH EQUIPMENT CO. 50 Burney Ave. Massena, NY 13662 (315) 769-3574 $ O L D T O ~i~1~ J 2~ 88/3~1~ Shipped t, __m~._ BI ~i~ed 1.~ EA, ~ipp~l 1,~ EA ~'d pped t.~ EA Shipped 79,1~ P/~JR I ~1~813 39.,'~ 39.9{ 19~, ~T78 199.1 347,3111 ~7. 76,6~ 76,6~ 13,7754. t~kl, L~ ~t TendffeU Total Please Remit To: 50 Burney Ave. PLEASE RETURN THIS PORT)ON OF THE iNVOICE WITH YOUR PAYMENT · 7314 Schuyler Read, East Syracuse, New York 13057 (315) 458-3808 - FAX (315) 458-1554 - 264 Clark Street, Auburn, New York 13021 (315) 253-8885 · FAX (315) 253-8899 ATTNt SHEET No.__ Of SHEETS PARTS NECESSARY AND ESTIMATE OF LABOR REQUIRED m~'COST PARTS CO~ ~OR COST ESTIU~TE ESTIMA~, ESTIUATE '' I INSURED PAYS $ INS. CO. PAYS $ R,O. N~ GRAND TOTAL INS. CHECK PAYABLE TO WRECKER SERVICE The ~ Is an es~ale b~e~ on our i~spec~on, ~d ~es ~o~ cover adE~onal paris or ta~t w~Ch rosy be requir~ .... a~er the w~rk has been opened up. Occasionally, a~er wer~ h~s 8MHed. ~m. broken ~ ~maged ~s ate ered ~1~ a~e not ~lden[ on ~mJ i~peel;on. Q~lallons on par~ an d lair 8re ~rred~ a~ subject ~ ~e. TAX SIGNED ~ DATE~ ALLIED SPRING & SERVICES, INC. PRING REPAIR COMPLETE AUTO AND TRUCK PHONE : ELPER SPRINGS 315-437-9967 ~UCK WALKING SEAMS ~:~.~R NO. ~BUSHED P.O/BOX 117 · E. SY~CUSE, NY 13057 ROUTE ~290 & DRO~ OR. · EAST MAN.LIUS CENTER RD. · EAST SYRACUSE, NY 13057 Repair Shop Registration Number R434-~D~ 16-0966308 SOLD ~.'~:~ I'}~:~]~.Y.~,~:~ ~:['J:~ ~/{ ~ ~ / SHIP ,, · i~iPOB'I~T~J.J, ~E~$ ~$T BE TIGHTENED ~IT~IN 300 BILES PAGE BRANCH I ,.,/' , ~i~ ~ , FREIGHT f TAXAI~L~ Sug TOTAL TAX STATUS/STATE ~A~ TAX ~ ...,,..~:,,.~.~,~ .~,, .~ ~. ~,. jy ~.; r~ ~ETURN OF~RCHANDISE M0~'~~ FREIGHT-PREPAID, ACOOM- Not Rll~nlJblI lot OamlgiI Or *ANIED BY APPLICABLE INVOICE OR ITS NUMBER, WITHIN ~ DAYS. CUS-I'O~ER COPY ~lI to V~lcle While On Our tON-STOCK OR SPECIAL-ORDER PARTS ARE NOT RETURNABLE. A 5~ MINIMUM SERVICE CHARGE IS APPLICABLE ON RETURNS AFTER Praises 50AY~, T~RMS: NET 30 DAYS. PLEASE PAY · 11/88/2828 23:12 3154548419 RUSTYS ~ PADDOCKS PAGE 81 PADDOCK'S Heavy Duty Trucks And Truc~' (315) 455-9999 ! 5 Dippold Ave. SYRACUSE, N.Y. 13208 N.Y,$, Dl~mantler e7003261 DES(.' All claims and retu~ 8734 [;oods MUST be accumpanled by this bill. 11/09/2000 THU 12:14 [TX/RX NO 9539] ~001 STATE INSPECTION.24 HOUR TOWING-MECHANICAL WORK'NATIONAL LEASE VENDOR H~nr~~ing Inc. N-° 4 6 9 7 4 2390 We~tz Lane · Dale Henry, Pres. Enola, PA 17025 Shop Phone: 717-732-0934 Nights & Holidays: 717-732-0908 TO Date - . ~.~ ~'~-~ ~,~. . OOUNTS OVER 30 DAYS, $1.~ ~INIUUU UONTHLy CHARGE. O DOLLY 8ERVIOE ~TRA CUSTOMER COPY (WHITE) OFFICE COPY (YELLOW) °L -~ BY GRAND TOTAl I, Gerald R. Matteo, hereby verify that I am the Director of Loss Prevention of Walsh Tracking Services, LLC and, as such, I am authorized to verify the averments of the foregoing document are tree and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. By: WALSH TRUCKING SERVICES, LLC, Plaintiff NINA LOUISE OBERLIN a/k/a NINA OBERL1N HACH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6413 Civil Term : CiVIL ACTION - LAW AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Thomas O. Williams, Esquire, being duly sworn, upon oath, deposes and says as follows: 1. I am the attorney for Walsh Trucking Services, LLC in the above-entitled case. On December 18, 2001, I caused to be transmitted, by a form of mail requiring a signed receipt, a copy of the Complaint filed in this action to the following: Nina Louise Oberlin a/Ida Nina Oberlin Hach. A copy of my transmittal letter is attached hereto as Exhibit "A". 2. I further depose and say that I thereafter received from the Postmaster of Camp Hill, a return receipt bearing the notation "Date of delivery: 12/21/01." A copy of the official return receipt is attached hereto as Exhibit "B". Respectfully submjI~d, Th~ma~o. W'~liams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Sworn to and subscribed before me this 28th day of December, 2001. Notary Public Camp Hi/I Boro, Cumberland County My Corrlmissiort Expires June !8, 2002 REAGER & ADLER, PC A'I-I'ORNEYS AND COUNSELORS At LAW THEODORE a. ADLER + DAVID W. REAGER CHARLES E. ZALESKI ).INUS E. FENICLE DEBRA DENISON CANTOR Writer's E-Mail Address: tomwill~epix.net 233'1 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAd[erPC.com December 18, 2001 via Certified Mail/Return Receipt Requested THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH CHRISTINE SCHWAMBERGER + Certified Civil Trial Specialist Nina Louise Oberlin a/k/a Nina Oberlin Hach' HeR 33, Box 122 Harrison, AZ 72601 Re: Walsh Tracking Services, LLC v. Nina Louise Oberlin a/k/a Nina Oberlin Hach Docket No.: 01-6413 (Cumberland Co. C.C.P.) Our File No.: 01-821.000 Dear Ms. Hach: Enclosed for service upon you please find a Complaint filed in the above captioned matter. If you have any questions, please do not hesitate to contact me. TOW/cmc Enclosure EXHIBIT "A" TAA/T~I~ ,~'- .~,~ , ~ ~. ':,~, ,,.'~ · J (Extr~Fee) J'"'lYes CERTIFIED I REAGER 9~ A~D:LE~ 2331 MARKET STREET ': '~ A~lcle Number I , HILL, PA 1701i~: J 7111 1746 2100 0000 0955 I IIII IliIIIIIIIIIIIII III IIII 7111 1746 2100 0000 0955 1. Article Addressed To: NINA LOUISE OBERLIN A:.~KZ:A NINA ~OB~'RLIN HACH r-IC~,~, BOX 122 HARRISON AZ 72601 EXHIBIT "B" WALSH TRUCKING SERVICES, LLC, Plaintiff NINA LOUISE OBERLIN a/k/a NINA OBERLIN HACH Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6413 Civil Term 'URY TRIAL DEMANDED ENTRY OF APPEARANCE To: Curt Long, Prothonotary Kindly enter my appearance for defendant, Nina Louise Oberlin a/k/a Nina Oberlin Hach. Respectfully submitted, Lavery, Faherty, Young By:~ __ Atty No. 42370 301 Market St., Su: P.O. Box 1245 atterson, P.C. Esquire :e 800 Harrisburg, PA 17108-1245 Attys for Defendant CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this I ~ day of January, 2002, I served a true and correct copy of the foregoing Entry of Appearance via U.S. First Class mail, postage prepaid, addressed as follows: Thomas O. Williams, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 ~~~ L. Renno - WALSH TRUCKING SERVICES, LLC, Plaintiff NINA LOUISE OBERLIN a/k/a NINA OBERLIN HACH Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-6413 Civil Term JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT To: Waish Trucking Services, LLC, c/o Thomas O. Williams, Esquire You are hereby notified to file a written response to the enclosed NEW MATTER within twenty (20) days from service hereof or a judgment may be emered against you. 1. Admitted in part. Denied in part. It is admitted only that Plaintiff Waish Trucking Services, LLC (hereinafter, "Plaintiff') is a corporation. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the veracity of the remaining allegations of paragraph 1, which are therefore denied, with strict proof thereof demanded, if relevant. 2. Admitted. 3. Admitted in part. Denied in part. It is admitted only that, on August 18, 2000, a tractor and trailer operated by Harry E. Hinkley and registered to Walsh Trucking Services, LLC, were traveling in a northerly direction on Interstate 81 in Cumberland County, Pennsylvania. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the veracity of the remaining allegations of paragraph 2, which are therefore denied, with strict proof thereof demanded, if relevant. 4. Denied. These averments are denied as they are conclusions of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore deemed to be denied. To the extent that further response is deemed necessary, these averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. 5. a.-j. Denied. These averments are denied as they are conclusions of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore deemed to be denied. To the extent that further response is deemed necessary, these averments are denied pursuant to Rule 1029(e), pennsylvania Rules of Civil Procedure. 6. Denied. These averments are denied as they are conclusions of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore deemed to be denied. By way of further answer, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 6 of Plaintiff s Complaint and the same are therefore denied with strict proof demanded, if relevant. 7. Denied. These averments are denied as they are conclusions of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore deemed to be denied. By way of further answer, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the avenments of paragraph 7 of Plaintiff's Complaint and the same are therefore denied with strict proof demanded, if relevant. 8. Plaintiff's Complaint and/or one or more of the Counts of Plaintiffs Complaint fails to state claims or causes of action upon which relief can be granted. 9. Plaintiffs' claims are barred and/or limited by application of the provisions of the Motor Vehicle Financial Responsibility Law, as amended, of the Commonwealth of Pennsylvania. 10. Plaintiffs' claims are barred and/or limited by application of the provisions of the Pennsylvania Comparative Negligence Act. 11. Plaintiff's operator/employee may have negligently caused and/or contributed to this accident in that he may have failed to observe due care in the operation of his vehicle in the following particulars: (a) failure to exercise vigilance in operating his vehicle in a manner to ensure avoidance of motor vehicles in the roadway; (b) failure to control his vehicle; (c) failure to drive his vehicle in a safe and non-negligent manner; (d) failure to mitigate his damages; and (e) violation of the "last clear chance" doctrine. 12. The accident was solely attributable to the negligent acts and/or omissions of a person or persons other than Defendant. 13. The accident was caused by an unidentified tractor trailer that suddenly and unlawfully entered into Defendant's lane of travel, forcing Defendant from the center lane into the right travel lane. DATE: Respectfully submitted, Lavery, Faherty, Y( mg& Patterson, P.C. By: Frank J. La~ ~ry, Jr., esqu~'e Arty No. 73593 I/ 301 Market St., Suite 80(~ ] P.O. Box 1245 '~ Harrisburg, PA 17108-1245 Attys for Defendant VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing Answer and New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the Answer and New Matter is that of counsel and not my own. I have read the Answer and New Matter and to the extent that the Answer and New Matter are based upon information which I have given to counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer and New Matter is that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statemems therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: Nine Oberlin Hach CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the law finn of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this c~lay of January, 2002, I served a true and correct copy of the foregoing Answer via U.S. First Class mail, postage prepaid, addressed as follows: Thomas O. Williams, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-464 WALSH TRUCKING SERVICES, LLC, Plaintiff NINA LOUISE OBERLIN a/k/a NINA OBERLIN HACH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6413 Civil Term : CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER 8. Denied. The averments of paragraph 8 constitute conclusions of law to which no responsive pleading is required. 9. Denied. The averments of paragraph 9 constitute conclusions of law to which no responsive pleading is required. 10. Denied. The averments of paragraph 10 constitute conclusions of law to which no responsive pleading is required. 11. Denied. The averments of paragraph 11 constitute conclusions of law to which no responsive pleading is required. To the extent that a reply is judicially deemed required, each and every factual averment of paragraph 11 are denied. 12. Denied. The averments of paragraph 12 constitute conclusions of law to which no responsive pleading is required. 13. Denied. By way of further response, the cause of the collision between the Defendant's vehicle and the Plaintiff's track was the Defendant's unlawful, negligent and unjustified entry into the Plaintiff's lane of traveL By way of further response, as between the Defendant and the Plaintiff, the actions of third parties as alleged in paragraph 13 does not affect the liability of the Defendant to the Plaintiff niasmuch as the Plaintiff was traveling safely and lawfully within its own lane of travel at the time the Defendant entered into its lane causing the collision between the Plaintiff and the Defendant. WHEREFORE, Plaintiff, Walsh Tracking Services, LLC, respectfully requests judgment against the Defendant in keeping with the Plaintiff's Complaint which is incorporated by reference herein. Date: February 15, 2002 Respectfully submitted, ' T~'~m~aFO .~/-~ ~/l~u~: r~ Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff I, Gerald R. Matteo, hereby verify that I am the Director of Loss Prevention of Walsh Trucking Services, LLC and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. ~/Ge-~'ald R l~atte6' CERTIFICATE OF SERVICE AND NOW, this 15th day of February, 2002, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Frank J. Lavery, Jr., Esquire Lavery, Faherty, Young & Patterson, P.C. The Kunkel Building 301 Market Street, Suite 800 P.O. Box 1245 Harrisburg, PA 17108-1245 THOMAS O. WILLIAMS, ESQUIRE WALSH TRUCKING SERVICES, LLC, Plaintiff NINA LOUISE OBERLIN aJk/a NINA OBERLIN HACH Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA . : No. 01-6413 Civil Term : : JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE_ TO THE PROTHONOTARY: PLEASE mark the above-captioned matter ended, settled and discontinued. Date: ~homas 0. Willims, gsquire Attorney for Plaintiff