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Home My WebLink About01-1009KUMAR INCORPORATED t/d/b/a QUALITY INN ENOLA Plaintiff V. PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB fJd/b/a DAVE'S MECHANICAL SERVICES Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO, PENNSYLVANIA NO. ~1- CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAEClPE FOR WRIT OF SUMMON,~ TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action to Defendants as follows: PAC Industries, Inc. 5341 Jaycee Avenue Harrisburg, PA 17112. American Dryer Corporation 88 Currant Road Fall River, MA 02720-4781 Dave Grab t/d/b/a Dave's Mechanical Services RR1, Box 65A, Reisinger Road, Ickesburg, PA 17037 DATE: February 16, 2001 Attorney I.D. No. 70102 Post Office Box 999 Harrisburg, PA 17108-0999 Attorneys for Plaintiff W M N TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS H_AVE~OMMENCED AN ACTION AGAINST YOU. ProthonOtary - ~-~ /~ Dated: , ~~~~ Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KUMAR INCORPORATED t/clPo/a CIVIL DIVISION QUALITY INN ENOLA, Plaintiff, VS. NO.: 01-1009 Civil Term PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/d/b/a DAVE'S MECHANICAL SERVICES, Defendants. PRAECIPE TO ENTER RU!,E To the Prothonotary: Please enter a role upon KUMAR Incorporated t/d/b/a Quality Inn Enola Plaintiff, to file a complaint to Common Pleas No. 01-1009 Civil Term within twenty (20) days after service &the rule or suffer entry of judgment of non pros in the above-captioned action. Respectfully Submitted: JAMES, ~ & By: .,~. ~ V L/ Scott A. Dtett&ick, Esquire Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CONNELLY LLP RULE: To: KUMAR Incorporated t/d/b/a QualiW Inn Enola , Plaintiff (1) You are notified that a rule is hereby entered upon you to file a complaint within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Oated:'-",~Ldt4 ~ ~,~ ~'( o(0-tY' ~'~ 6c,)~l~4ProthonotaryJ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KUMAR INCORPORATED t/d/b/a QUALITY INN ENOLA, : CIVIL DIVISION : : Plaintiff, : NO.: 01-1009 Civil Term PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/d/b/a DAVE'S MECHANICAL SERVICES Defendants. TYPE OF PLEADING: : PRAECIPE FOR ENTRY : OF APPEARANCE : CODE: FILED ON BEHALF OF: PAC Industries,/nc. Defendant COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA ID #55650 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KUMAR INCORPORATED t/d/b/a QUALITY INN ENOLA, CIVIL DIVISION Plaintiff, NO.: 01-1009 Civil Term VS. PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/d/b/a DAVE'S MECHANICAL SERVICES, Defendants. ?RAECIPE FOR ENTRY OF APPEARANCe; To the Prothonotary: Please enter the appearance of Scott A. Dietterick, Esquire of James, Smith, Durkin & Connelly LLP on behalf of the Defendant, PAC Industries, Inc., in the above-captioned action. Respectfully Submitted: JAMES, SMITH, I~URKIN & CONNELLY L~ By:__ Scott A.~~,~[/f- · ~"t~L~'~a, r~squlre Attorney I.~.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KUMAR INCORPORATED t/d/b/a QUALITY INN ENOLA, CIVIL DIVISION Plaintiff, VS. NO.: 01-1009 Civil Term PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/dfo/a DAVE'S MECHANICAL SERVICES, Defendants. CERTIFICATE OF SERVICI,~ The undersigned hereby certifies that a true and correct copy of the fore oing Praecipe for Entry of Appearance was served on the following this ._~ day of~°~',2001, via First Class U. S. Mail, Postage Pre-paid: Brooks R. Foland, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108-0999 American Dryer Corporation 88 Currant Road Fall River, MA 02720-4781 Dave Grab t/d/b/a Dave's Mechanical Services R.R. 1, box 65A, Reisinger Road Ickesburg, PA 17037 JAMES, S7~ CONNELLY LLP PA I.D.'#5~'~0 q P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SHERIFF'S RETURN - U.S. CASE NO: 2001-01009 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KUMAR INCORPONATED ET AL VS. FAC INDUSTRIES INC ET AL CERTIFIED MAlL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,AMERICAN DRYER COROPOP~ATION , by United States Certified Mail postage prepaid, on the 21st day of February ,2001 at 0008:00 HOURS, at 88 CURANT ROAD FALL RIVER, MA 02720-4781 and attested copy of with the attached WRIT OF SUMMONS a true Together receipt card was signed by CLIFF NEUMER 02/26/2001 Additional Comments: The returned on Sheriff's Costs: Docketing 18.00 Cert Mail 2.99 Affidavit .00 Surcharge 10.00 .00 30 . 951 Sheriff of Cumberland County Paid by THOMAS, THOMAS & HAFER Sworn and subscribed to before me this /6~ day of TR~&~ -~o/ A.D. ~z~othonotary ' ~ ~ on 03/05/2001 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-01009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KUMAR INCORPORATED ET AL VS PAC INDUSTRIES INC ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT PAC INDUSTRIES INC but was unable to locate Them deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS says, that he made a diligent to wit: Sheriff or Deputy Sheriff who being search and in his bailiwick. County, He therefore Pennsylvania, to On March 5th 2001 attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 DEP. DAUPHIN CO 30.50 .00 55.50 this office was in receipt of the 03/05/2001 THOMAS, THOMAS So answe~:~3 t~ ~[~.~ Sheriff of Cumberland County & HAFER Sworn and subscribed to before me this /~ day ~,~ [ A.D. ~ t Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-01009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KUMAR INCORPORATED ET AL VS PAC INDUSTRIES INC ET AL R. Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT GRAB DAVE Sheriff or Deputy Sheriff who being a diligent search and to wit: but was unable to locate Him deputized the sheriff of PERRY serve the within WRIT OF SUMMONS in his bailiwick. County, He therefore Pennsylvania, to On March 5th , 2001 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 DEP. PERRY CO 32.42 .00 57.42 03/05/2001 So answers: ~,'~ y~/p R. Thomas Kline Sheriff of Cumberland County THOMAS, THOMAS & HAFER Sworn and subscribed to befere me this /~? day o~ A.D. Prothonotary Ma~, Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (7117) 255-2660 fa,,{: (717) 255-2889 Jack Lotwick Sheriff Ralph G. McAllister Chief Beputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: February 27, SUMMONS PAC INDUSTRIES to LOIS BRUNNER, SECRETARY of the original : KUMAR INC vs : PAC INDUSTRIES Sheriff's Return No. 0549-T - - -2001 OTHER COUNTY NO. 01-1009 2001 at 10:46A/~ served the within upon by personally handing 1 true attested copy(les) SUMMONS and making known to him/her the contents thereof at 5241 JAYCEE AVE. HARRISBURG, PA 17112-0000 Sworn and subscribed to before me this 28TH day of FEBRUARY, 2001 / PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. Deputy Sher±ff~ Sheriff's Costs: $0.00 ?D 00/00/0000 RCPT NO HAYES The Court Of Common Pleas of Cumberland County, Pennsylvama Kumar Incorporated, et. al. ' VS. PAC Industries, Inc., et. al. Serve: David A. Grab, t/d/b/a Dave's Mechanical Services No. 01-1009 Civil Now, 2/21/01 ,20 4) 0, I, SHERIFF OF CUMBERLAND COLrNT¥, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW, ~28 Wi~I~ Writ of Summons upon David A. Grab Perry County Affidavit of Service ,20__Ol ,at T0:10 o'clock A ~v'[. served fl~e at Bloomfield Boro_~__Pa. by handing to ~ Grab True & Attested and made known to him copy of the original So answers, 17068 Writ of Summons the contents thereof. Sworn and subscribed before ; 20.~/_ ~/EPU~ROTHONOTARY & CLERK OF COURTSI -- ~ ~BLOOMFIELO BORO., PERRY CO., pA [ Deputy S~riff of COSTS SERVICE ~ 8.00 MfLEA GE 12.42 .~FFIDAVIT2_. 00 County, PA 32.42 In The Court of Common Pleas of Cumberland County, Pennsylvania Ktanar Inc., et. al. PAC Industries, et. al. Serve: PAC Industries, Inc. No. 01-1009 Civil Now, 2/21/01 hereby deputize the Shehff of ,20 O ~, I, SHERIFF OF CUMBERLAND COLrNT¥, PA, do Dauphin gOllllty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Se~jce ., 20 at o':lock ,K/L se~ed the upon at handing ro and made lanown To cop>, of the orS~naI ~0 i~.D~SV4 DyS, the contents, ~nereof. Sworn and subsc~bed before this day of ,20 Sheriff of COSTS SERVICE .'vgLEAGE A.FF_rDAVIT CounW, PA · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desirecL · Print 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: American Dryer CorP. 88 currant Road Fall River, MA 02720-4781 A. Print Clearly) ~ature ~) Agent D is delivew address different from item 1 ? [~ Yes If YES, enter delivery address below: [~1 No Sen/ Type ~ ~ified Mail [~ Express Ma,t -and/se [~ Registered fl Return Receipt for Mercn E) Insured Mai~ Restricted Delivery? (Extra Fee) [] Yes t 02595-00-M'0952 2. Article Number (Copy from service label) 7099 3400 0018 5000 2763 PS Form 3811, July 1999 Domestic Return Receipt UNITED STATES POSTAL SERVICE ~!al~usPsP°stage 8 Fees Paid · Sender: Please print your name, address and ZIP+4 in this bo,', · STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 FAX: (717) 975-8124 Attorney for Defendant David A. Grab t/d/b/a Dave's Mechanical Services IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~_NIA KUMAR INCORPOP~ATED T/D/B/A QUALITY INN ENOLA, Plaintiff PAC INDUSTRIES, INC., AMERICkN DRYER CORPOP~ATION, and DAVID A. GP~AB T/D/B/A DAVE'S MECHANICAL SERVICES, Defendant CIVIL ACTION - LAW NO. 01-1009 CIVIL TERM JURY TRIAL DEMA/~DED PRAEcIPE TO ENTER APPEAP. ANC~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVkNIA: Kindly enter my appearance on behalf of Defendant, DAVID A. GRAB T/D/B/A DAVE'S MECF~-NICAL SERVICES, in the above-captioned matter. Date: April I~ , 2001 MARGOLIS EDELSTEIN BY: S~he~anko, Jr. Attorney I.~. No. 41727 P. O. Box 932 (717) 975-8114 Counsel for Defendant, David A. Grab t/d/b/a Dave's Mechanical Services CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the --/3 day of ~ , 2001, and addressed as follows: Brooks R. Foland, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (Counsel for Plaintiff) Barbara J. Smith, Secretary KUMAR INCORPORATED t/d/b/a QUALITY INN ENOLA, Plaintiff V, PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/d/b/a DAVE'S MECHANICAL SERVICES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW 1URY TRIAL DEMANDED NOTZCE 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 an attorney, and filing in writing with this Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THTS PAPER TO YOUR LAWYER AT ONCE. ZF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE~ GO TO OR TELEPHONE THE OFFTCE SET FORTH BELOW TO FZND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 Le ban demando a usted en la corte. Si usted quiere defendrse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrito e en persona o por obogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se deflende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTEO PUEDE PERDER DINERO O SUS PROPIEDADES O OSTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA]O PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 KUMAR INCORPORATED t/d/b/a QUALITY INN ENOLA, Plaintiff PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/d/b/a DAVE'S MECHANICAL SERVICES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~O. 01-1009 CIVIL ACTION - LAW .1URY TRIAL DEMANDED 1. Plaintiff Kumar Incorporated t/d/b/a Quality Inn Enola is a corporation in the Commonwealth of Pennsylvania with a principle address of 501 North Enola Road, Enola, PA 17025. 2. Defendant PAC Industries, Inc. is a corporation in the Commonwealth of Pennsylvania and is principally located at 5341 Jaycee Avenue, Harrisburg, Pennsylvania 17112. 3. Defendant American Dryer Corporation is a corporation in the State of Massachusetts and is principally located at 88 Grant Road, Fall River, Massachusetts 02720-4781, but is licensed or authorized to do business in the Commonwealth of Pennsylvania. 4. Defendant Dave Grab t/d/b/a Dave's Mechanical Services is a sole proprietorship with a principal address of RR 1, Box 65A, Reisinger Road, Ickesburg, Pennsylvania 17037. 5. On or about August 12, 1998, Plaintiff purchased a commercial clothes dryer manufactured by Defendant American Dryer Corporation from Defendant PAC Industries, Inc. for the purchase price of $3,207.55 plus tax. A true and correct copy of the purchase invoice is attached hereto as Exhibit A. 6. Defendant Dave Grab t/d/b/a Dave's Mechanical Services, installed the commercial dryer at Plaintiff's business establishment sometime between August 12, 1998 and August 23, 1998. 7. On or about March 21, 1999, while utilizing the commercial clothes dryer manufactured by Defendant American Dryer Corporation, sold by Defendant PAC Tndustries, Inc. and installed by Defendant David Grab t/d/b/a Dave's Mechanical Services, at Plaintiff's business premises located at 501 North Enola Road, Enola, PA 17025, a fire erupted as direct and proximate result of a defect in the commercial clothes dryer, causing extensive damage to not only the dryer itself but also to Plaintiff's personal and real property, as a direct result of the hazard and defects in the commercial clothes dryer in question, all of which Plaintiff was not aware. 8. The commercial clothes dryer purchased by Plaintiff was unreasonably dangerous in normal and ordinary use to Plaintiff and to Plaintiff's business property and was unfit for the intended use in that it was defectively manufactured, assembled and/or installed in such a way as to cause the electrical system to malfunction and cause a resulting fire which destroyed not only the dryer but also Plaintiff's personal and real property. 9. As a direct and proximate result of the defective condition of the commercial clothes dryer, the dryer being in essentially the same condition as when purchased by Plaintiff from Defendants some six months earlier, the electrical system caused a fire in the dryer, which fire spread to the Plaintiff's business premises and contents thereof, causing the personal property, contents and Plaintiff's business premises itself to be severely damaged. 2 10. As a direct and proximate result of the fire and resulting loss and damage to the business premises and contents therein, the Plaintiff sustained a loss and damage to the contents and premises in the total amount of $28,407.12. ll. At all times material hereto, Defendant American Dryer Corporation was doing business in the Commonwealth of Pennsylvania and did put into the stream of commerce a certain commercial clothes dryer which was sold to the Plaintiff by Defendant PAC Industries, Inc. as being a product safe and fit for the uses and purposes intended, including being utilized as a commercial clothes dryer within Plaintiff's business premises and the Defendant breached its duties to the Plaintiff in the following a. respects: Defendant did manufacture and design the commercial clothes dryer, which it knew, or if exercised reasonable care, should have known, was likely to cause injury to damage to persons or property utilizing the commercial clothes dryer in the manner and fashion which Plaintiff utilized the dryer, and that as the result of the negligence to include proper instructions as to the use of the dryer, and in failing to warn of any improper design or defective manufacture in the dryer. Defendant manufacturer did put into the stream of commerce a product, which as a result of defective manufacture and design of said product, failure to include proper directions as to its use and failure to warn of its dangerous proclivities the product was inherently and unreasonably dangerous to persons and property who might utilize it in a normal expected fashion as utilized by Plaintiff in this case in particular that it created an extremely hazardous and unreasonably dangerous condition. Defendant manufacturer expressly an impliedly warranted that said dryer which was placed in the stream of commerce in the Commonwealth of Pennsylvania through Defendant PAC Industries was safe, well designed and not inherently dangerous and fit and proper for the uses and purposes intended for said dryer, and in parUcular representing that the dryer was extremely safe and did not constitute a dangerous and hazardous condition to individuals or property utilizing it; said Defendant did thereby breach said express and implied warranties, including a warranty of fitness of use, thereby resulting in serious damage to Plaintiff's real and personal property as hereinafter more fully set forth. 3 :[2. At all times material hereto, Defendant PAC industries, Inc. was doing business in the Commonwealth of Pennsylvania and sold to Plaintiff herein said commercial clothes dryer manufactured by Defendant American Dryer Corporation as being a product safe and fit for the uses and purposes intended, including being utilized as a dryer within the Plaintiff's business premises and said Defendant breached its duties to Plaintiff herein in the following respects: a. Defendant PAC lindustries, inc. did sell to Plaintiff said commercial clothes dryer which was defective in its design and manufacture, with improper instructions as to its use and failure to warn as to its dangerous proclivities, thereby rendering the product inherently and unreasonably dangerous to those persons or properties who might utilize the dryer in the normal expected fashion as was utilized by Plaintiff in this case and particularly that it created an extreme and extra- hazardous and unreasonably dangerous condition; b. Defendant PAC industries, inc. expressly and impliedly warranted that said commercial clothes dryer which it placed into the stream of commerce in the Commonwealth of Pennsylvania and which it represented to be fit and proper for the uses and purposes intended for said dryer, including use as a dryer in Plaintiff's business premises and more particularly representing that the dryer was extremely safe and did not constitute a dangerous and hazardous condition to persons properly utilizing it including Plaintiff and its employees, said Defendant did thereby breach said express and implied warranties, including a warranty for fitness for use, thereby resulting in serious damage to Plaintiff's real and personal property all as hereinafter more fully set forth. 13. At all times material hereto, Defendant David Grab t/d/b/a Dave's Mechanical Services was doing business in the Commonwealth of Pennsylvania and installed at Plaintiff's business premises said commercial clothes dryer manufactured by Defendant American Dryer Corporation and sold to Plaintiff by Defendant PAC industries, Inc., as being a product safe and fit for the uses and purposes intended, including being utilized as a dryer within the Plaintiff's business premises and said Defendant breached its duties to Plaintiff herein in the following respects: a. Defendant David Grab t/d/b/a Dave's Mechanical Services negligently installed the commercial clothes dryer at Plaintiff's business premises; b. Defendant David Grab t/d/b/a Dave's Mechanical Services used improper materials and/or supplies in installing the commercial clothes dryer at Plaintiff's business premises; c. Defendant David Grab t/d/b/a Dave's Mechanical Services failed to warn or otherwise instruct Plaintiff of defects in the installation and/or the condition of the dryer itself during his installation or at any time thereafter; 14. As a direct and proximate result of the negligence and the breach of the duties of the Defendants, including but not limited to negligence, strict liability and breach of warranty, Plaintiff sustained serious real and personal property damage to its business premises and contents. WHEREFORE, Plaintiff Kumar Incorporated t/d/b/a Quality Inn Enola, prays for damages against Defendants PAC Industries, Inc., American Dryer Corporation and David A. Grab t/d/b/a Dave's Mechanical Services, and each of them, for the Plaintiff in the amount of $28,407.12, at all times reserving the right to amend this prayer for damages at the time of trial, and for costs and expenses herein incurred and for such other further relief as the Court may deem just and equitable based upon the circumstances. Respectfully submitted, by: ~AFER~ LLP Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Plaintiff 5 V E R~_~..~TZO N I, Bobbi Maerkl, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. for CGU Insurance ~,, 0 O0 O0 0 CERTI'FZCATE OF SERVi'CE day of ,200~_, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Haler, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Scott A. Dietterick, Esq. James, Smith, Durkin & Connelly, LLP POB 650 Hershey, PA :~7033 Stephen L. Banko, .lr., Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 American Dryer Corporation 88 Grant Road Fall River MA 02720-4781 Coleen M. Polek KUMAR INCORPORATED, t/d/b/a QUALITY iNN ENOLA, Plaintiff PAC INDUSTRIES, 1NC., AMERICAN DRYER CORPORATION and DAVID A. GRAB, t/d/b/a DAVE'S MECHANICAL SERVICES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORPF WILLIAMS & OTTO on behalf of Defendant PAC Industries, Inc. in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO Daniel K. Deardorff, Esquire ///(/ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PAC Industries, Inc. Dated: May 11, 2001 CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Brooks R. Foland, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, Sixth Floor P. O. Box 999 Harrisburg, PA 17108-0999 Scott A. Dietterick, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP P. O. Box 650 Hershey, PA 17033 Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTE1N 3510 Trindle Road Camp Hill, PA 17011 American Dryer Corporation 88 Grant Road Fall River, MA 02720-4781 MARTSON DEARDORFF WILLIAMS & OTTO Jody ~. BoOm TbaR~ast High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PAC Industries, Inc. Dated: May 11, 2001 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KUMAR INCORPORATED qd/b/a QUALITY INN ENOLA, Plaintiff, PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/d/b/a DAVE'S MECHANICAL SERVICES : CIVIL DIVISION : : NO.: 01-1009 Civil Term : TYPE OF PLEADING: : PRAECIPE TO WITHDRAW : APPEARANCE Defendants. CODE: FILED ON BEHALF OF: PAC Industries, Inc. Defendant COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA ID #55650 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KUMAR INCORPORATED t/d/b/a CIVIL DIVISION QUALITY INN ENOLA, Plaintiff, NO.: 01-1009 Civil Term VS. PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/d/b/a DAVE'S MECHANICAL SERVICES, Defendants. pRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw the appearance of Scott A. Dietterick, Esquire of James, Smith, Durkin & C onnelly LLP on behalf of the Defendant, PAC Industries, Inc., in the above-captioned action. Respectfully Submitted: JAMES, SMITI~, DURKIN & CONNELLY~ Dated: ~'1'-~/~ [ sBcY~t~ '. A] 'DX~mk',~, E~quire P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KUMAR INCORPORATED t/d/b/a CIVIL DIVISION QUALITY INN ENOLA, Plaintiff, NO.: 01-1009 Civil Term VS. PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/d/b/a DAVE'S MECHANIC. AL SERVICES, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the foregoing Praecipe to Withdraw Appearance was served on the following this [~J~day of '-~ ,2001, via First Class U. S. Mail, Postage Pre-paid: Brooks R. Foland, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108-0999 Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 JAMES, S~ ~CONNELLY LLP BY: P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF KuMAR INCORPORATED, CUMBERLAND COUNTY, PENNSYLVANIA t/d/b/a QUALITY INN ENOLA, Plaintiff NO. 01-1009 v. CIVIL ACTION - LAW PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB, t/d/b/a DAVE'S MECHANICAL SERVICES, Defendants JURY TRIAL DEMANDED DEFENDANT PAC INDUSTRIES INC.'S ANSWER WITH NEW MATTER TO: KUMAR INCORPORATED, Plaintiff, and its attorney BROOKS R. FOLAND, ESQUIRE TO: AMERICAN DRYER CORPORATION, Defendant TO: DAVID A. GRAB, t/d/b/a DAVE'S MECHANICAL SERVICES, Defendant and his attorney STEPHEN L. BANK-O, JR., ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1-4. Admitted based on information received. 5-10. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 11. These averments are made against another party, not Defendant PAC Industries, and no answer is required. 12. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 13. These averments are made against another party, not Defendant PAC Industries, and no answer is required. 14. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant PAC Industries requests judgment be entered in its favor and against Plaintiff. NEW MATTER 15. Paragraphs 1-14 of this Answer are incorporated herein by reference as New Matter. 16. When Defendant PAC Industries sold the dryer, it contained a warranty which may apply to this case. 17. Plaintiff' s cause of action is barred by the statute of limitations. 18. Plaintiff' s cause of action is barred by the doctrine of comparative negligence and/or assumption of the risk. WHEREFORE, Defendant PAC Industries requests judgment be entered in its favor and against Plaintiff. NEW MATTER IN THE NATURE OF A CROSS CLAIM PURSUANT TO RULE 2252(D) OF THE_ PENNSYLVANIA RULES OF CIVIL PROCEDURE 19. For purposes of this cross claim, Defendant PAC Industries incorporates herein by reference paragraphs 1-11 and 13-14 of Plaintiff's Complaint. 20. Based on the above, Defendant PAC Industries alleges that if Plaintiff is entitled to a recovery, Defendant American Dryer Corporation and Defendant David A. Grab, t/d/b/a Dave's Mechanical Services are solely liable, jointly liable, or liable over to Defendant PAC Industries for contribution and indemnification. WHEREFORE, Defendant PAC Industries demands the judgment be entered in its favor against Plaintiff and Defendant American Dryer Corporation and Defendant David A. Grab, t/d/b/a Dave's Mechanical Services for sole liability, contribution, and indemnification. MARTSON DEARDORFF WILLIAMS & OTTO Daniel K. D~ardorff, Esqui Ga Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant PAC Industries, Inc. Date: Mayl7,2001 _VERIFICATION Cecil Adkins, who is V.P. of Finance of PAC Industries and acknowledges that he/she has the authority to execute this Verification in behalf of PAC Industries, Inc. certifies that the foregoing Answer With New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent that the document 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. PAC Industries, Inc. Cecil Adkins CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent ofMartson 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, PA, first class mail, postage prepaid, addressed as follows: Brooks R. Foland, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, Sixth Floor P. O. Box 999 Harrisburg, PA 17108-0999 Scott A. Dietterick, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP P. O. Box 650 Hershey, PA 17033 Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 American Dryer Corporation 88 Grant Road Fall River, MA 02720-4781 MARTSON DEARDORFF WILLIAMS & OTTO Jody L. Ten East tJ3bgfi Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PAC Industries, Inc. Dated: May 17, 2001 KUMAR INCORPORATED t/d/b/a QUALITY INN ENOLA, Plaintiff V. PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/d/b/a DAVE'S MECHANICAL SERVICES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLATNTTFF'S RESPONSE TO NEW MATTER OF PAC ]'NDUSTRi*ES, [NC. 15-18. Denied. The allegations contained in paragraphs 15-18 constitute conclusions of law and no further response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff, Kumar Incorporated t/d/b/a Quality Inn Enola, respectfully requests that Defendant's New Matter be stricken. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Brooks R. Foland, E--'~"d[Uire I.D. No. 70102 305 North Front Street, 6th Floor PCB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Plaintiff The undersigned, having read the attached document, hereby verifies that the attached pleading is based on information which has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel. Furthermore, the matters contained in this pleading are of a procedural nature only among counsel and the court. The undersigned verifies that he has read the attached pleading and that it is true and correct to the best of his information and belief. This Verification is made subject to the penalties of 18 Pa. C.$. § 4904, relating to unsworn falsification to authorities. ro-oks CERTZFI'CATE OF SERVZCE Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that ]' sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Daniel K. Deardorff, Esq. Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Stephen L. Banko, Jr., Esq. Hargolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 American Dryer Corporation 88 Currant Road Fall River, MA 02720-4781 Coleen"'"~. Po~ek STEPHEN L. BkNKO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trlndle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 F~kX: (717) 975-8124 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KUMAR INCORPORATED T/D/B/A QUALITY INN ENOLA, Plaintiff PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION, and DAVID A. GRAB T/D/B/A DAVE'S MECHANICAL SERVICES, Defendants CIVIL ACTION - LAW NO. 01-1009 CIVIL TERM JURY TRIAL DEMANDED OF DEFENDANT, DAVID A. GRAB, T/D/B/A DAVE'S MECF~%NICAL SERVICES, TO MATTER OF DEFENDA/qT, PAC IR-DUSTRIES, INC. - PA. R.C.P. NO. 2252(d) 19. The answers contained in Defendant's answers to paragraphs 1 through 11 and 13 and 14 of Plaintiff's Complaint are incorporated herein by reference as if set forth in their entirety. 20. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. WHEREFORE, Defendant, David A. Grab, t/d/b/a Dave's Mechanical Services, demands judgment in his favor and against Defendant, PAC Industries, Inc. MARGOLIS EDELSTEIN Steph~] L · Banko, Attorney; I.D. No. Jr. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FAX Counsel for Defendant, David A. Grab, t/d/b/a Dave's Mechanical Services ~ERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the _ and addressed as follows: day of Brooks R. Foland, Esquire , 2001, Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (Counsel. for Plaintiff) Scott A. Dietterick, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, PA 17033 (Counsel for Defendant American Dryer Corporation) Daniel K. Deardorff, Esquire Martson, Deardorff, williams & Otto Ten East High Street Carlisle, PA 17013 (Counsel for Defendant PAC Industries, Inc.) Barbara J. Smith, Secretary STEPHEN L. BA~KO, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 FAX: (717) 975-8124 Attorney for Defendant David A. Grab, t/d/b/a Dave's Mechanical Services IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KUMAR INCORPOR~ATED T/D/B/A QUALITY INN ENOLA, Plaintiff PAC INDUSTRIES, INC., : AMERICAN DRYER CORPORATION, and : DAVID A. GRAB T/D/B/A DAVE'S : MECHANICAL SERVICES, : Defendant : CIVIL ACTION - LAW NO. 01-1009 CIVIL TERM JURY TRIAL DEMANDED ANSWER OF DEFENDANT. DAVID A. GRAB T/D/B/A DAVE'S MECHANICAL SERVICES, TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, Defendant, David A. Grab, t/d/b/a Dave's Mechanical Services (~Mr. Grab"), is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Admitted in part and denied in part. It is admitted that PAC Industries, Inc. has a location at 5341 Jaycee Avenue, Harrisburg, Pennsylvania 17112. With respect to the allegations concerning the legal status of PAC Industries, after reasonable investigation, Mr. Grab is without knowledge or information sufficient to form a belief as to the truth of said avermentS and, therefore they are denied. 3. Denied. After reasonable investigation, Mr. Grab is without knowledge or information sufficient to form a belief as to the truth of the avermentS contained in this paragraph and, therefore, they are denied. 4. Admitted. 5. Admitted. Based exclusively upon the information contained in Exhibit A to Plaintiff's Complaint, it appears that these allegations are true. 6. Admitted. 7. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. Furthermore, with respect to any allegation that Plaintiff sustained damage as a result of fire on March 21, 1999, after reasonable investigation, Mr. Grab is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 8. Denied. The answer contained in paragraph 7 hereof is incorporated herein by reference as if set forth in its entirety. 9. Denied. The answer contained in paragraph 7 hereof is incorporated herein by reference as if set forth in its entirety. 10. Denied. The answer contained in paragraph 7 hereof is incorporated herein by reference as if set forth in its entirety. 11. a-c. The allegations contained in this paragraph are directed to parties other than Mr. Grab, and, accordingly, and upon advice of counsel, ilo answer on the part of Mr. Grab is required. 12. a-b. The allegations contained in this paragraph are directed to parties other than Mr. Grab, and, accordingly, and upon advice of counsel, no answer on the part of Mr. Grab is required. 13. a-c. Admitted in part and denied in part. It is admitted that Mr. Grab installed a clothes dryer at Plaintiff's location as previously stated. Ail other allegations in this paragraph, however, are denied as they state a legal conclusion to which no response is necessary. By way of further answer, Mr. Grab denies any allegation or implication that any conduct on his part was wrongful or that he was a party to any warranty or guaranty concerning the operation of the clothes dryer. 14. Denied. The answer contained in paragraph 7 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, David A. Grab, t/d/b/a Dave's 3 Mechanical Services, Plaintiff. demands judgment in his favor and against MARGOLIS EDELSTEIN BY:~te~he~L. Bank , Jr. o Attorne~ I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FAX Counsel for Defendant, David A. Grab, t/d/b/a Dave'S Mechanical Services 4 VERIFICATION I, DAVID A. GRAB, state that I have read the foregoing document; 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.A. Section 4904, relating to unsworn falsification to authorities. DAVID A. GRAB ~ERTIFICATE OF SEgVICE I hereby certify that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the .__~ . day of ,~/_~,z_ _, 2001, and addressed as follows: Brooks R. Foland, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (Counsel for Plaintiff) Scott A. Dietterick, Esquire James, Smith, Durkin & Connelly, LLP P. O. BOX 650 Hershey, PA 17033 (Counsel for Defendant American Dryer Corporation) Daniel K. Deardorff, Esquire Martson, Deardorff, williams & Otto Ten East: High Street Carlisle, PA 17013 (Counsel for Defendant PAC Industries, Inc.) Barbara J. smith, Secretary POST & SCHELL, P.C. BY: JOHN W. DORNBERGER I.D. # 69293 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT AMERICAN DRYER CORPORATION KUMAR INCORPORATED tYd/b/a QUALITY INN ENOLA Plaintiff, PAC INDUSTRIES, 1NC., AMERICAN DRYER CORPORATION and DAVID A. GRAB, ffd/b/a DAVE'S MECHANICAL SERVICES Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, American Dryer Corporation, in connection with the above-captioned matter. DATE:(o~I [ -O I Respectfully submitted, POST & SCHELL, P.C. CERTIFICATE OF SERVICE I, Kelley A. Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Brooks R. Foland, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Date: Kelley A. ~pangler I - OF POST & SCHELL, P.C. BY: JOHN W. DORNBERGER I.D. # 69293 240 GRANT)VIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 KUMAR INCORPORATED t/dgo/a QUALITY INN ENOLA Plaintiff, V. PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB, t/d/b/a DAVE'S MECHANICAL SERVICES Defendants. NOTICE TO PLEAD TO: Plaintiff and Co-Defendant: You are hereby notified to plead to the enclosed New Matter and Crossclaim of Defendant American Dryer Corporation within twenty (20) days from service hereof or a default judgment m.a~ ~e.~.~tered against you. Attorne for[ fendant Amer er Corporation ATTORNEYS FOR DEFENDANT AMERICAN DRYER CORPORATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER, NEW MATTER AND CROSSCLAIM OF DEFENDANT AMERICAN DRYER CORPORATION TO PLAINTIFF'S COMPLAINT Defendant American Dryer Corporation ("ADC" or "Defendant"), by and through its undersigned counsel, Post & Schell, P.C., hereby files this Answer, New Matter and Cross-Claim to Plaintiffs Complaint as follows: 1. Denied. After reasonable investigation, ADC is without knowledge or information sufficient to form a belief as to the truth of the averments and, accordingly, all such averments are denied. 2. Denied. After reasonable investigation, ADC is without knowledge or information sufficient to form a belief as to the truth of the averments and, accordingly, all such averments are denied. 3. Admitted in part; denied in part. It is admitted that Defendant is American Dryer Corporation and that ADC is a corporation organized and existing under the laws of the State of Massachusetts with its principal place of business located at 88 Currant Road, Fall River, Massachusetts. It is further admitted that ADC is authorized to do business in the Commonwealth of Pennsylvania. All remaining averments are denied as either incorrect assertions of fact or conclusions of law. 4. Denied. After reasonable investigation, ADC is without knowledge or information sufficient to form a belief as to the truth of the averments and, accordingly, all such averments are denied. 5. Denied. The invoice attached to Plaintiffs Complaint as Exhibit "A" is a document in writing which speaks for itself. After reasonable investigation, ADC is without knowledge or information sufficient to form a belief as to the truth of the averments and, accordingly, all such averments are denied. All remaining allegations are denied as conclusions of law. -2- 6. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. To the extent any further response is required, ADC is without knowledge or information sufficient to form a belief as to the troth of the allegations and, accordingly, all such allegations are denied. 7. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. To the extent any further response is required, ADC is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. 8. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 9. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 10. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. To the extent any further answer is required, after reasonable investigation, ADC is without knowledge or information sufficient to form a belief as to the troth of the remaining allegations and, accordingly, all such allegations are denied. 1 I. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after reasonable investigation, ADC is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Any remaining allegations are denied as conclusions of law. 12. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after reasonable investigation, ADC is without knowledge or infomaation sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Any remaining allegations are denied as conclusions of law. 13. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. To the extent any further response is required, after reasonable investigation, ADC is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Any remaining allegations are denied as conclusions of law. 14. Denied. The corresponding allegations are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff. NEW MATTER 15. Plaintiffs claims may be barred by the Statute of Limitations. 16. Upon information and belief, the claims are barred in whole or in part by the contributory or comparative negligence of Plaintiff and/or that of its agents. 17. Upon information and belief, the alleged damages were the result of the actions and/or omissions of Plaintiff and/or persons other than Defendant ADC. -4- 18. Upon information and belief, Plaintiffs claims are barred or limited in that the product in question was abused, misused and/or not being used in the manner or for the purpose intended and/or not appropriately maintained. 19. Upon information and belief, Plaintiffs claims are barred or limited in that the product in question was substantially modified and/or substantially altered and/or materially altered prior to the alleged incident, thereby barfing recovery herein. 20. Upon information mad belief, Plaintiffs claims are barred in whole or in part by the doctrine of spoilation of evidence. 21. Plaintiffs claims are barred or limited in accordance with the learned intermediary and/or sophisticated purchasers doctrines. 22. The warranty was disclaimed and/or limited. 23. Plaintiffhas failed to mitigate its damages. 24. Upon information and belief, Plaintiffs damages, if any, were caused by the intervening wrongdoing of others over whom Defendant ADC had no control or for which this Defendant is not responsible. 25. Upon information and belief, Plaintiff has failed to join all persons or parties necessary for adjudication of the controversy. 26. The product at issue was fit and proper for its intended purpose and was not defective in any manner. 27. The perils or dangers of which Plaintiff complains, to the extent they existed, which Defendant denies, were open and obviously known to Plaintiffand/or its agents, who never the less conducted themselves in such a mariner as to expose themselves and/or Plaintiffs property to said perils and dangers. 28. The damages are not recoverable under the applicable law. WHEREFORE, Defendant requests that this Honorable Court enter judgment in its favor and against Plaintiff. CROSSCLAIM AGAINST DAVID A. GRAB T/D/B/A DAVE'S MECHANICAL SERVICES 29. Defendant incorporates by reference paragraphs 1 through 28 of its Answer and New Matter as if set forth at length herein. 30. If the damages were suffered by Plaintiff as alleged, the same were not caused by Defendant ADC, but a cause thereof was the negligence, carelessness, recklessness, breach of contract, breach of warranty and liability producing conduct of David A. Grab t/d/b/a Dave's Mechanical Services. 31. David A. Grab tYd/b/a Dave's Mechanical Services is liable to Plaintiff or is jointly and/or severally liable with Defendant or is liable over to Defendant for any monies required to be paid by Defendant. 32. If the damages were suffered by Plaintiff as alleged, the same being denied, then David A. Grab t/d/b/a Dave's Mechanical Services is liable for common law indemnity to Defendant on the cause of action declared upon by Plaintiff. 33. To the extent that Defendant is found liable to Plaintiff, Defendant is entitled to contribution from David A. Grab t/d/b/a Dave's Mechanical Services. -6- WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in favor of Defendant and against David A. Grab t/d/b/a Dave's Mechanical Services. Respectfully su~bm/~ JOHN W )OI~BERGER, ESQUIRE Attorney f r Defendant American Dryer Corporation -7- V'F. RI~[C~TIO~ I, J. Robert Lynch, Treasurer ojf American Dryer Corporation do hereby swear and af£xrm that the facts and matters sgt forth in the foregoing dacum~m are true and correct to the best of my knowledge, information, and belleff. The undersigned understands that the statem~-nts made therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to anthorid~s. DATE: olaf Robert ~ Treasurer TOTAL P. 82 JUN 14 2801 17:3~3 S886789447 PAGE.82 CERTIFICATE OF SERVICE I, Kelley A. Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Brooks R. Foland, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Date: Kelley A. Spahgler ~ ~T- STEPHEN L. BANKo, JR., ESQUIRE Pa. Supreme Court I. D. No. 41727 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 FA~: (717) 975-8124 Attorney for Defendant David A. Grab t/d/b/a Dave's Mechanical Services IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KUMAR INCORPORATED T/D/B/A QUALITY INN ENOLA, : Plaintiff PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION, and : DAVID A. GRAB T/D/B/A DAVE's MECHANICAL SERVICES, Defendant CIVIL ACTION - LAW NO. 01-1009 CIVIL TERM JURy TRIAL DEMANDED REPLy F DE E ANT AVID A g B T D A DAVE, MECF~ANI AL RVI E TO CR ~ DEFENDANT AMER AN DRYER CORPO~T_~_T_~ 29. Defendant, David A. Grab, incorporates by reference his Answer to Plaintiff,s Complaint as if set forth in its entirety. 30. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, Defendant Specifically denies that any conduct on his part was negligent. To the contrary, it is believed and, therefore, averred that to the extent that there was a problem with the clothes dryer that was installed by Defendant, such was a defect inherent in the manufacturing process for which Defendant, American Dryer Corporation is strictly liable. 31. Denied. The answer contained in paragraph 30 hereof is incorporated herein by reference as if set forth in its entirety. 32. Denied. The answer contained in paragraph 30 hereof is incorporated herein by reference as if set forth in its entirety. 33. Denied. The answer contained in paragraph 30 hereof is incorporated herein by reference as if set forth in its entirety. WHEREFORE, Defendant, David A. Grab t/d/b/a Dave,s Mechanical Service, demands judgment in his favor and against American Dryer Corporation. Date: MARGOLI S EDELSTEIN S%~p~ L?-Bank~, Attorney I.D. No. Jr. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FA~X Counsel for Defendant, David A. Grab, t/d/b/a Dave's Mechanical Services VERIFICATION document; and that the facts to the best of our knowledge, subject to penalties of 18 Pa. C.S.A. unsworn falsification to authorities. DAVID A. GRAB, state that I have read the foregoing stated therein are true and COrrect information and belief. understand that any false Statements herein are made Section 4904, relating to Date: DAVID A. GRAB - ~ERTIFICATE F I hereby certify that I served a true and Correct copy of the foregoing on all COUnsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the _~ day of ~ --, 2001, and addressed as follows: Brooks R. Foland, Esquire Thomas, Thomas & Hafer 305 Nortlh Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (Counsel for Plaintiff) Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 (Counsel for Defendant PAC Industries, Inc.) John W. Dornberger, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 (Counsel for Defendant American Dryer Corporation) Barbara j. Smith, Secretary POST & SCHELL, P.C. BY: AMY L. CORYER, ESQ. I.D. # 82718 240 GRANDVIEW AVENUE CaMP [IILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT AMERICAN DRYER CORPORATION KUMAR INCORPORATED t/d/b/a QUALITY INN ENOLA Plaintiff, PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB, t/clPo/a DAVE'S MECHANICAL SERVICES Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, American Dryer Corporation, in connection with the above-captioned matter. Respectfully submitted, POST & SCHELL, P.C. DATE: _~/~ 10/_ AMY L. (~ORYER~QUIRE CERTIFICATE OF SERVICE I, Kelley A. Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Brooks R. Foland, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Date: Kelley A. ISpangler t Or POST & SCHELL, P.C. BY: AMY L. CORYER, ESQ. I.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT AMERICAN DRYER CORPORATION KUMAR INCORPORATED t/d/b/a QUALITY 1NN ENOLA PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB, t/d/b/a DAVE'S MECHANICAL SERVICES Plaintiff, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY OF DEFENDANT AMERICAN DRYER CORPORATION TO NEW MA1TER CROSSCLAIM OF DEFENDANT PAC INDUSTRIES. INC. NOW INTO COURT, through andersigned counsel, comes the Defendant, American Dryer Corporation, who, in Reply to the New Matter of Defendant PAC Industries, Inc.'s New Matter Crossclaim, respectfully represents that: 19.-20. The allegations of paragraphs 19 and 20 are legal conclusions which require no answer. WHEREFORE, Defendant, American Dryer Corporation, hereby reiterates all of the allegations, prayers and defenses of their original Answer and New Matter herein. Date: Respectfully Submitted, POST & SCHELL, P.C. BY: ~)J.'r~,, ~ Amy L. ~oryer, Attorney for Defendant American Dryer Corporation CERTIFICATE OF SERVICE I, Kelley A. Spangler, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Brooks R. Foland, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTEIN 3510 Tr/ndle Road Camp Hill, PA 17011 Kelley A. ~pangler ~ ~ KUMAR INCORPORATED t/d/b/a QUALITY INN ENOLA, Plaintiff V. PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB t/d/b/a DAVE'S MECHANICAL SERVICES, Defendants IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW .1URY TRIAL DEMANDED PLATNTZFF'S RESPONSE TO NEW MAI'rER OF AMERTCAN DRYER CORPORATZON 15-28. Denied. The allegations contained in paragraphs 15-28 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Plaintiff, Kumar Incorporated t/d/b/a Quality Inn Enola, respectfully requests that judgment be entered in its favor and against Defendant American Dryer Corporation on the latter's New Matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: ~~.~) Es~ Broo-ks R. Foland, I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Plaintiff The undersigned, having read the attached document, hereby verifies that the attached pleading is based on information which has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel. Furthermore, the matters contained in this pleading are of a procedural nature only among counsel and the court. The undersigned verifies that he has read the attached pleading and that it is true and correct to the best of his information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Brooks R. Foland ~ CERTZFZCATE OF SERVZCE Polek, of the law firm of Thomas, Thomas & Haler, hereby certify that ! sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Daniel K. Deardorff, Esq. Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 170:13 Stephen L. Banko, Jr., Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 John W. Dornberger, Esq. Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Coi~en M. Polek POST & SCHELL, P.C. BY: AMY L. CORYER, ESQ. I.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT AMERICAN DRYER CORPORATION KUMAR iNCORPORATED ffdPo/a QUALITY INN ENOLA PAC INDUSTRIES, 1NC., AMERICAN DRYER CORPORATION and DAVID A. GRAB, t/d/b/a DAVE'S MECHANICAL SERVICES Plaintiff, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, TO WIT, this l ~" day of_ ,4,/'tve~ ,2001, upon consideration of the Motion of Defendant, American Dryer Corporation, it is hereby ORDERED that Moving Defendant's Motion is GRANTED. Plaintiff is to provide4~ responses to the outstanding Interrogatories and Request for Production of Documents ~ Z'22O-n-3r, i~.[dill~ exnert ~;;* ........ · ~.a ...... :~ d: ......... responses wi~in twenV (20) days of the date o~is order or suffer the possibility of sanctions, to include judgment for non pros, upon ~r~er motion by Moving Defendant. BY TH,E~J2OURT, . / POST & SCHELL, P.C. BY: AMY L. CORYER, ESQ. I.D. #82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANT AMERICAN DRYER CORPORATION KUMAR INCORPORATED t/d/b/a QUALITY iNN ENOLA Plaintiff, PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A. GRAB, t/dPo/a DAVE,S MECHANICAL SERVICES Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW JURY TRIAL DEMANDED D ND N AN DRYER RPO TION' T N T COMPEL SWERST IN A S ND TFO D NOF D MEN SDI CTE T PLAINT FF AND NOW, comes Defendant, American Dryer Corporation, by and through its attorney, POST & SCHELL, P.C., and for its Motion to Compel Plaintiff to file responses to Moving Defendant's Interrogatories and Request for Production of Documents Directed to Plaintiff, states as follows: 20,2001. Plaintiff filed the instant negligence action by Writ of Summons on or about February 2. On August 10, 2001, Moving Defendant served Plaintiffwith Interrogatories and Request for Production of Documents in accordance with Pa. R.C.P. 4005 and Pa. R.C.P. 4009.11. (See Exhibit "A"). 3. Plaintiff failed to respond in any fashion to the Moving Defendant's discovery requests within thirty (30) days. 4. On or about September 10, 2001, Moving Defendant forwarded a letter to Plaintiff's counsel requesting responses to Interrogatories and Request for Production of Documents (See Exhibit "B"). 5. On or about October 22, 2001, Moving Defendant forwarded a letter to Plaintiff's counsel requesting responses to Interrogatories and Request for Production of Documents within ten (10) days. (See Exhibit "C"). 6. Plaintiff has not provided Moving Defendant with its responses to the Interrogatories and Request for Production of Documents to date. 7. Pursuant to Pa. R.C.P. 4006(a)(2), the answering party shall serve a copy of answers and objections, if any, within thirty (30) days after the service of the interrogatories in question. 8. As Plaintiff has failed to respond in accordance with the civil procedure rules, it is respectfully requested that this Court issue an order directing Plaintiff to provide full and complete answers to outstanding discovery or be precluded from introducing testimony at trial regarding the sallie. 9. Moving Defendant is prejudiced by PlaintifFs refusal to provide discovery information as he has been precluded from ascertaining the nature of Plaintiff's claims or gaining the necessary investigative materials to further the course of the instant litigation. WHEREFORE, it is respectfully requested that this Court issue an order directing Plaintiff to file answers to outstanding discovery or be precluded from offering testimony, including expert witness testimony, regarding the same. Respectfully submitted, POST & SCHELL, P.C. Oate: _U IS/o_l_ AMy L. CORYE~,, 'L3~Qi~p,,E Attorney for Moving Defendant American Dryer Corporation Exhibit A Post ~ SCHELI~, P.C. A]-~ORNeYS at I_AW 240 GRANDVlEW AVeNUe CAMP Hill, PA 170 I I 1245 $. CEDAR CREST BOULEVARD SUF~ 300 ALLEi~OWN, PA I 8 103 ADAMS pLACE - SUITE 3 70{ WH~ HORSE ROAD VOORHEES, N~J 0B043 Augustl0,2001 Brooks R. Foland, Esquire Thomas, Thomas & Hafer 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 RE: Kumar v. PAC Industries, Inc. et al Dear Mr. Foland: Enclosed please find Interrogatories and Request for Production of Documents directed to Plaintiffs from American Dryer Corporation. Kindly respond in the time allowed pursuant to the Pennsylvania Rules of Civil Procedure. Very truly yours, SDS/mys Enclosure cc: Daniel K. Deardorff, Esquire Stephen L. Banko, Jr., Esquire Sharry Semans Paralegal Exhibit B POST ~ S~HF'L,C, P.C. A3-1-ORNEYS AT LAW ~40 GRANDVIEW AVENUE: CAMP HILL, PA J 70 (717) 731-1970 September 10, 2001 Brooks R. Foland, Esq. THOMAS, THOMAS & HAFER, LLP 305 N. Front Street Harrisburg, PA 17108-0999 RE: Kumar v. American Dryer, et al. Dear Mr. Foland: As you will recall, Interrogatories and a Request for Production of Documents to be answered and verified by your client were sent to you on August 10, 2001. I am concerned that I have not received the answers, documents and the signed Verifications from you. Please forward the responses as soon as possible or contact me should you need an extension. Please call me if you have any questions. Thank you. Very truly yours, Amy L. Cower ALC/ Exhibit C Post (~ S~HELI~, P.C. A~TORNEYS AT LAW 240 GRANDVIEW AVENUE CAMP HILL, PA 170 I I October 22, 2001 Brooks R. Foland, Esq. THOMAS, THOMAS & HAFER, LLP 305 N. Front Street Harrisburg, PA 17108-0999 RE: Kumar v. American Dryer, et al. Dear Mr. Foland: Please forward answers to Interrogatories and Request for Production within ten (10) days in order to obviate the filing of a Motion to Compel. The answers must be received by November 1, 2001. If you should have any questions, please feel free to contact me at the above number. Very truly yours, ALC/ Amy L. Coryer CERTIFICATE OF SERVICE I, Candice M. Baker, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Brooks R. Foland, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, 6th Floor Harrisburg, PA 17108-0999 Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Stephen L. Banko, Jr., Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Date: KUMAR INCORPORATED t/d/b/a QUALITY INN ENOLA, Plaintiff V. PAC INDUSTRIES, INC., AMERICAN DRYER CORPORATION and DAVID A.GRAB tJd/b/a DAVE'S MECHANICAL SERVICES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1009 CIVIL ACTION - LAW JURY TRIALDEMANDED PRAEClPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above matter as settled, discontinued and ended. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Plaintiff CERTIFICATE OF SERVICE ANDNOW, this ~'~dayof_ ~J)~ ,20~_,l, ColeenM. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Daniel K. Deardorff, Esq. Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Stephen L. Banko, Jr., Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Amy L. Coryer, Esq. John W. Dornberger, Esq. Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Coleen M. Polek