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HomeMy WebLinkAbout11-8384Richard & Associates, Inc., Plaintiff V. Swift Transportation Corporation and Andy Linares, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 2011- 5384 lTer1K Civil Action - Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the set forth in the following pages, you must take action within twenty (20) days after this and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the 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 THIS PAPER TO YOUR LAWYER AT ONCE. 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 Law Offices of SRidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 32 SOUTH BEDFORD STREET a -i CARLISLE, PA 17013 (717) 249-3166 as ZM z ? rn ' ? r' : am C C3 - ,a D a ? ©-n a N o? m z„z _ ? G Pa •oo Po A-my eil3aoa9 007W 997 Richard & Associates, Inc., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : No. 2011- Swift Transportation Corporation and Andy Linares, Civil Action - Law Defendants AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 quejas demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMA CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADA, ES POSIBLE QUE ESTA OFICINA LE PUEDO PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Richard & Associates, Inc., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : No. 2011- Swift Transportation Corporation and Andy Linares, Civil Action - Law Defendants COMPLAINT The Plaintiff is Richard & Associates, Inc., a Pennsylvania corporation, having a place of business at 3999 Spring Road, Middlesex Township, Cumberland County, Pennsylvania 17090 (hereinafter "Plaintiff'). 2. The Defendant, Swift Transportation Corporation, is an out-of-state corporation, having a principal place of business at 6500 West Industrial Highway, Gary, Indiana 46406 (hereinafter "Swift"). The Defendant, Andy Linares, is an employee or agent of Defendant Swift, who resides at 17 South Midland Drive, Pontiac, Michigan 48431 (hereinafter "Linares"). Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 4. Linares, as an agent for Swift, was operating a tractor and trailer owned by Swift on Friday, April 29, 2011, at approximately 7:30 PM. 5. Linares was lost and turned onto Mountain Road, Middlesex Township, Cumberland County, Pennsylvania. 6. After proceeding a short distance and recognizing he was lost, Linares turned into the parking lot of Plaintiff. 7. Plaintiff leases 3999 Spring Road, Middlesex Township, on a triple net lease by which Plaintiff is responsible for all repairs and maintenance. 8. The Swift tractor and trailer operated by Linares tore off the power line attached to the building of Plaintiff, and continued to proceed away from the building, tearing the outside panel box from the wall of the building. 9. Defendant Swift and Defendant Linares are negligent in the following respects: A. Trespassing onto private property owned by Richard L. Jehu, Jr. and Judy I. Jehu, leased to Richard & Associates, Inc., with a motor vehicle. B. Operating a motor vehicle in an unsafe manner. C. Operating the motor vehicle without regard to the private property of Plaintiff. D. Operating the motor vehicle on the private property, knowing the height of the vehicle would cause damage to Plaintiff's property. E. Operating the motor vehicle in a careless manner. F. Operating the motor vehicle without regard to the due rights of others. 10. The negligence of the Defendants caused damages to the Plaintiff and its business. 11. The negligence of the Defendants caused the following damages: A. Construction was necessary to repair the Plaintiff's building. B. Electrical repairs and the cost of inspection to restore electrical service was necessary. C. Repairs to the security system are required. D. Repair and replacement of business machinery on the premises is necessary. E. Plaintiff was required to rent a generator and to provide fuel to operate the generator. F. Transportation of 42 motor vehicles from the damaged location, due to the absence of light and security, to a secure location, and the return of those 42 motor vehicles to 3999 Spring Road, Middlesex Township, Cumberland County, Pennsylvania. G. Lost of profits to the business during the time necessary to repair, restore and reopen its business. Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 WHEREFORE, the Plaintiff demands of the Defendant judgment in the amount less than $50,000.00 and requests the Court to submit this matter for hearing and award to three members of the Bar to be designated as a Board of Arbitrators. Date 1 ;z Respectfully submitted, zv'w - obe C. Saidis, sq. Attorney ID #21458 Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 717-243-6222 VERI nCATION I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: Richard L. Jehu, Jr., Pres t 11 Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Candace N. Edgar, Esquire E-mail: cedgar@tthlaw.com Attorney I. D. No. 209127 (717) 441-3957 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 FAX (717) 237-7105 Attorneys for Defendant: SWIFT TRANSPORTATION CORPORATION RICHARD & ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION --LAW V. : NO. 2011-8384 CIVIL TERM SWIFT TRANSPORTATION CORPORATION and ANDY LINARES, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, Candace N. Edgar, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Swift Transportation Corporation, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiff s Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP It (17 By: 1015402.1 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 CANDACE N. EDGAR, ESQUIRE Attorney I.D. No. 209127 2`11 I121V 21 NI 1: 2.* 9 E EIvIBERLANID COUNT',, P,VENNSYLVANIA Attorneys for Defendant, SWIFT TRANSPORTATION CORPORATION RICHARD & ASSOCIATES, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW NO. 2011-8384 CIVIL TERM SWIFT TRANSPORTATION CORPORATION and ANDY LINARES, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing ENTRY OF APPEARANCE was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 17 day of November, 2011, on all counsel of record as follows: Robert C. Saidis, Esquire SADIS, SULLIVAN & ROGERS 26 West High Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Mr. Andy Linares 175 Milan Drive Pontiac, Michigan 48342 Defendant THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esquire 1015433.1 Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Candace N. Edgar, Esquire E-mail: cedgar@tthlaw.com Attorney I.D. No. 209127 (717) 441-3957 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 FAX (717) 237-7105 FiLED-OFFICE 10 F Ti? E PROTNONOTAR`i 2012 JAN -6 AM 11 * 52 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants: SWIFT TRANSPORTATION CORPORATION and ANDY LINARES RICHARD & ASSOCIATES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW V. NO. 2011-8384 CIVIL TERM SWIFT TRANSPORTATION CORPORATION and ANDY LINARES, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, Candace N. Edgar, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Swift Transportation Corporation and Andy Linares, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiffs Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP < By: 1015402. STEPH E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 CANDACE N. EDGAR, ESQUIRE Attorney I.D. No. 209127 Attorneys for Defendants, SWIFT TRANSPORTATION CORPORATION and ANDY LINARES RICHARD & ASSOCIATES, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW NO. 2011-8384 CIVIL TERM SWIFT TRANSPORTATION CORPORATION and ANDY LINARES, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing ENTRY OF APPEARANCE was served by depositing the sam in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of January, 2012, on all counsel of record as follows: Robert C. Saidis, Esquire SADIS, SULLIVAN & ROGERS 26 West High Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP Stephen E. Geduldig, Esquire 1015433.1 Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Candace N. Edgar, Esquire E-mail: cedgar@tthlaw.com Attorney I.D. No. 209127 (717) 441-3957 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 FAX (717) 237-7105 FILED-OFFICE 01' THE PROTHONOTARY 2.011 JAN 13 AM 10: 58 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants: SWIFT TRANSPORTATION CORPORATION and Andy Linares RICHARD & ASSOCIATES, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW NO. 2011-8384 CIVIL TERM SWIFT TRANSPORTATION CORPORATION and ANDY LINARES, Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and his counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, 1 (0( 1By: THOMAS, THOMAS & HAFER, LLP 1029124.2 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 CANDACE N. EDGAR, ESQUIRE Attorney I.D. No. 209127 Attorneys for Defendants, SWIFT TRANSPORTATION CORPORATION and ANDY LINARES Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney I. D. No. 43530 (717) 237-7119 Candace N. Edgar, Esquire E-mail: cedgar@tthlaw.com Attorney I.D. No. 209127 (717) 441-3957 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 FAX (717) 237-7105 Attorneys for Defendants: SWIFT TRANSPORTATION CORPORATION and Andy Linares RICHARD & ASSOCIATES, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW NO. 2011-8384 CIVIL TERM SWIFT TRANSPORTATION CORPORATION and ANDY LINARES, Defendants : JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS AND NOW, come Defendants, Swift Transportation Corporation and Andy Linares ("Defendants"), by and through their undersigned counsel, Stephen E. Geduldig, Esquire, and Candace N. Edgar, Esquire, of Thomas, Thomas & Hafer, LLP, and file the following Answer and New Matter to Plaintiffs Complaint: 1. Denied pursuant to Pa. R.C.P. 1029(e). 2. Denied as stated. The proper name for Defendant, Swift, is Swift Transportation Company of Arizona, LLC. Its principal place of business is Phoenix, Arizona. It is a Delaware limited liability company. All other factual averments of paragraph 2 of Plaintiffs Complaint are denied pursuant to Pa. R.C.P. 1029(e). 3. Denied as stated. By way of clarification, it is admitted that Defendant Linares was an employee/driver for Defendant Swift at the time of the subject accident, and acting within the course and scope of his employment. To the extent that paragraph 3 of Plaintiff s Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 4. Admitted in part and denied in part. It is admitted that Linares, a Swift employee/driver, was operating a Swift truck on April 29, 2011, at approximately 7:30 P.M. with its permission. To the extent that paragraph 4 of Plaintiffs Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 5. Denied pursuant to Pa. R.C.P. 1029(e). 6. Admitted in part and denied in part. It is admitted that Linares operated the Swift truck in the Plaintiff s parking lot. To the extent that paragraph 6 of Plaintiff s Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C.P. 1029(e). 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. Denied pursuant to Pa. R.C.P. 1029(e). 9A-F. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 10. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 11A-G. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Swift Transportation Corporation and Andy Linares, respectfully request that Plaintiff s Complaint be dismissed in its entirety and judgment entered in their favor. 2 NEW MATTER 12. Defendants, Swift Transportation Company of Arizona, LLC and Andy Linares, incorporates herein by reference, as if fully set forth at length, Paragraphs 1 through 11 of Answer to Plaintiffs Complaint. 13. Defendant, Swift Transportation Corporation's proper legal name is Swift Transportation Company of Arizona, LLC. 14. Plaintiff failed to mitigate its damages. 15. Some or all of Plaintiff s claims may be barred by the applicable statute of limitations. 16. Not all of Plaintiff s alleged injuries or damages were not caused by any act or omission on the part of Linares/Swift- 17. Plaintiff failed to plead a cause of action against Swift Transportation Corporation.. 18. Plaintiff s claims may be barred or diminished in accordance with the Comparative Negligence Act, for the reason that Plaintiff negligently caused or contributed to the incident in failing to properly maintain his premises such that wire or wires were caused to come down because they were too low, without warning, and/or not properly affixed to a pole or structure. 19. Some or all of Plaintiff s claims may be barred or reduced by previous payments for which Defendant is entitled to a credit. 20. Plaintiff s alleged injuries and damages may have been caused by third parties over whom Defendant had no control or right of control. 21. Defendants assert that this action may be barred by the doctrines of res judicata and/or collateral estoppel, which are asserted herein. 3 WHEREFORE, Defendants, Swift Transportation Corporation and Andy Linares, respectfully request that Plaintiff's Complaint be dismissed in its entirety and judgment entered in their favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP t u (( L By: &?;? 1029124.1 STE EN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 CANDACE N. EDGAR, ESQUIRE Attorney I.D. No. 209127 Attorneys for Defendants, SWIFT TRANSPORTATION CORPORATION and ANDY LINARES 4 RICHARD & ASSOCIATES, INC., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -- LAW NO.2oix-8384 CIVIL TERM V. SWIFT TRANSPORTATION CORPORATION and ANDY LINA.RES> ; Defendants BURY TRIAL DEMANDED VERIFICATION 1, Anne Rowell, Claims/Risk Legal Assistant/ authorized agent for Swift Transportation Company of Arizona, LLC, hereby verify that the averments made in the foregoing ANSWER AND NEW NIATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. ?--?- - Anne Rowell 1029038.1 RICHARD & ASSOCIATES, INC., Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW NO. 2011-8384 CIVIL TERM SWIFT TRANSPORTATION CORPORATION and ANDY LINARES, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing ANSWER AND NEW MATTER OF DEFENDANTS was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ] 7!?'? day of January, 2012, on all counsel of record as follows: Robert C. Saidis, Esquire SADIS, SULLIVAN & ROGERS 26 West High Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP Step en E. Geduldig, Esquire 1015433.1 Richard & Associates, Inc., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. No. 2011-8384 r=' Swift Transportation Corporation rq - _? and Andy Linares, Civil Action - Law { ;'r= -, Defendants LD REPLY TO NEW MATTER C7, AND NOW, comes the Plaintiff, Richard & Associates, Inc., by and thmug?ts o `nsel, Saidis, Sullivan & Rogers, and replies to Defendant's New Matter as follows: ` N 12. No answer is required. 13. Admitted. 14. No answer is required as the averments of paragraph 14 state a conclusion of law. 15. No answer is required as the averments of paragraph 15 state a conclusion of law. 16. No answer is required as the averments of paragraph 16 state a conclusion of law. 17. No answer is required as the averments of paragraph 17 state a conclusion of law. 18. No answer is required as the averments of paragraph 18 state a conclusion of law. By way of further answer, the Plaintiff did not contribute to the incident as the wires at the premises were properly installed and affixed. 19. No answer is required as the averments of paragraph 19 state a conclusion of law. 20. Denied. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment in paragraph 20. 21. No answer is required as the averments of paragraph 21 state a conclusion of law. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a judgment in favor of the Plaintiff and against the Defendants. Date -)/,j Z Respectf &v,, su itted, 141 1 bertt. Sai is, s Attorney ID #21458 Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 717-243-6222 VERIFICATION I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ? . Date: 0 3 i *--I ., : Richard L. Jehu, Jr., esident CERTIFICATE OF SERVICE On this day of , 2012, I hereby certify that I served a true and correct copy of the foregoing Reply to New Matter upon all parties of record via United States Mail, postage prepaid, addressed as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 SAIDIS, SULLIVAN & ROGERS r / By:? ?" C'1 ns ?'y, rrIcu -n X M ;V M CS? -u r m Robert C. Saidis '<° Ac, v 3 '-r Attorney I. D. No. 21458 =C) F Stephen L. Grose, Esquire > ca - s ` Attorney I D..No. 31006 ? N Saidis Sullivan & Rogers 635 N. 12'h Street, Suite 400 Lemoyne, PA 17043 (717) 612-5802 (Phone) (717) 612-5805 (Fax) sgarosek?sr-attorneys.com Counsel for Plaintiff RICHARD & ASSOCIATES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. SWIFT TRANSPORTATION CORPORATION and ANDY LINARES, Defendants NO. 2011-8384 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Stephen L. Grose, Esquire, of Saidis Sullivan & Rogers, on behalf of the Plaintiff in the above matter. This entry of appearance is in addition to that of Robert C. Saidis, Esquire, of Saidis Sullivan & Rogers, not in replacement of his appearance. Respectfully submitted, SAIDIS SULLIVAN & ROGERS Dated: February -Z1 , 2012 By: 6Giv r ?4k-- Ste A en L. Grose, Esquire Attorney I.D. No. 31006 CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for Plaintiff hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Stephen E. Geduldig, Esquire Thomas Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 SAIDIS SULLIVAN & ROGERS By f Step n L. Grose Dated: February; 2012 CF3 ? W __ Stephen L. Grose, Esquire -- Attorney I.D. No. 31006 '?- Saidis Sullivan & Rogers . `= - L c ., 635 N. 12'" Street, Suite 400 Lemoyne, PA 17043 ` . . n (717)612-5 $02 (Phone) (717) 612-5805 (Fax) sgrose srrattorneys. com Counsel for Plaintiff RICHARD & ASSOCIATES, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SWIFT TRANSPORTATION CORPORATION and ANDY LINARES, Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF SAID COURT: Please mark the above matter settled and discontinued with prejudice. Respectfully submitted, Dated: May 30 , 2012 NO. 2011-8384 CIVIL TERM : CIVIL ACTION - LAW SAIDIS SULLIVAN & ROGERS r By: Ste en L. Grose, Esquire Attorney I.D. No. 31006 CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for Plaintiff hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Candace N. Edgar, Esquire Thomas Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 SAIDIS SULLIVAN & ROGERS By. Ste en L. Grose Dated: May _3i?, 2012