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Home My WebLink About04-4635F\ FILES\DAiAF11.E\GenenlW ve\GEN 0003\7948-23.wo cny Created: 7/14/03 9;34AM Heal: 9/15/04 1;31PM ]948.23 GIANT FOOD STORES, LLC, Plaintiff V. ROAD-MAX, INC., and RAYMOND LESLIE FULLER, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 144v- 5 8c 1c-7-EAj-l CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 & OTTO By David R. Galloway; E I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiff Date: September 15, 2004 GIANT FOOD STORES, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ON- 44.35 h: w,C l, CIVIL ACTION-LAW ROAD-MAX, INC., and RAYMOND LESLIE FULLER, JR., Defendants JURY TRIAL OF TWELVE DEMANDED COMPLAINT Plaintiff Giant Food Stores, LLC, is a Delaware Limited Liability Company with corporate offices at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013-0249. 2. Defendant, Road-Max, Inc., is a foreign corporation believed to be doing business at 4109 South Dixie Road, Dalton, Whitfield County, Georgia 30721. 3. Defendant, Raymond Leslie Fuller, Jr., is an adult individual residing at 2424 NE 12u' Court, Ocala, Florida 34470. 4. It is believed and therefore averred, Defendant Road-Max conducts and/or conducted business in Cumberland County, Pennsylvania, by making deliveries to and/or from Plaintiffs distribution center located at 1621 Industrial Drive, Carlisle, Cumberland County, Pennsylvania. 5. It is believed and therefore averred that at all times material hereto, Defendant Fuller was employed by Defendant Road-Max to drive a truck. 6. At all times material hereto, Plaintiff leased a 2001 International truck with trailer bearing Pennsylvania truck registration plates AE90570 and parked the truck and trailer at its distribution center in Jessup, Maryland. 7. At all times material hereto, Defendant Road-Max owned and Defendant Fuller operated a 1998 Freightliner truck and trailer bearing Georgia truck registration plates C100065. 8. On September 17, 2002, at approximately 7:15 a.m., Defendant Fuller attempted to perform a u-turn when the trailer on Defendant Road-Max's truck struck Plaintiff's parked truck. COUNT I-NEGLIGENCE 9. Plaintiff incorporates and makes part of this Complaint, Paragraphs 1-8 above, as if the same were set forth fully below. 10. Plaintiff's damages were directly and proximately caused by the negligence, recklessness, and carelessness of Defendant Fuller, which consisted of, among other things, the following: (a) operating his truck and trailer in a careless, reckless, and negligent manner; (b) operating his truck and trailer at an excessive rate of speed under the circumstances; (c) operating his truck and trailer with no warning of approach or intended direction; (d) not having his truck and trailer under the proper control so as to avoid collision with Plaintiff's truck; (e) operating his truck and trailer without due regard to the rights, safety, and position of Plaintiff's truck; (f) failing to have his truck and trailer under the proper control so as to prevent the truck from striking Plaintiff's truck; (g) failing to keep a proper lookout; (h) failing to use due care under the circumstances; (i) failing to notice Plaintiff's truck; 0) failing to take evasive action to avoid impact with Plaintiff's truck; and (k) failing to apply the brakes in sufficient time to avoid striking Plaintiffs stationary truck. 11. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. 12. As a result of Defendant Fuller's acts listed herein, Plaintiff sustained damage to its truck totaling $12,206.57. A copy of the repair estimate and pictures of the incident is attached as "Exhibit A." WHEREFORE, Plaintiff requests judgment be entered in its favor and against Defendant Fuller for $12,206.57, an amount within the compulsory arbitration limits of Cumberland County, plus interest, attorneys' fees, and costs of suit. COUNT II-RESPONDEAT SUPERIOR 13. Plaintiff incorporates and makes part of this Complaint, Paragraphs 1-12 above, as if the same were set forth fully below. 14. Defendant Fuller was an employee of Defendant Road-Max, at the time of the accident. 15. At the time of the accident, Defendant Fuller was in the course and scope of his employment for Defendant Road-Max. 16. Defendant Fuller's negligence, recklessness, and carelessness was the direct and proximate cause of the accident. 17. Defendant Road-Max is liable for Defendant Fuller's actions as referred to in Paragraph 10 of this Complaint. WHEREFORE, Plaintiff requests judgment be entered in its favor and against Defendant Road-Max for $12,206.57, an amount within the compulsory arbitration limits of Cumberland County, plus interest, attorneys' fees, and costs of suit. MARTSON QEARDQRFF WILLIAMS & OTTO By I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 15, 2004 Attorneys for Plaintiff MAKE CHECKS PAYABLE T0: PENSKE TRUCK LEASING CO., L. P. P.O. BOX 827380 PHILADELPHIA PA 19182-7380 II?VOfGE TOTAL I $9,881.01 1111111 111111111111111111111111 GI FOOD INC 1604TINDUSTRIALEDRIVE CARLISLE PA 17013 WE'RE CUSTOMER DRIVEN '" SERVICE LOCATION Cp RL I SLE (717) 766-1546 *REFERENCE INVOICE NUMBER ON REMITTANCE* CUSTOMER NUMBER PERIOD ENDING INVOICE DATE 61958200-4517 10/31/02 11/05/02 INVOICE NUMBER PAYMENT DUE BY 5100428757 11/15/02 PAGE 1 OF 1 vlanc^.: \I:MIIi:R ralNrolcr:lr.: T)A'f^ UI'.Sr:RINIUN s:'v ?OI'A 1. Ls A. a'rA fl'. rar•1I. ('!1.1 Nfi ii -.••--_...DA•S_ :;•':I, 3;"02 HGD S,O.• 4?'AiR5 'd Hi1 .0' .:A D' ACCIDENT DAMAGE I N V O I C E T 0 T A L $9,881.01 . iA NOV 19 2002 • 1.1 (p?S - CLy DC f DD - L P,v,j VER MZ_l i SPECIAL f PE/VSIf Ar INVOICE TruckLeasing EXH1t51'1' A MAKE CHECKS PAYABLE TO: PENSKE TRUCK LEASING CO., L.P PO BOX 827380 PHILADELPHIA PA 19182-7380 INVOICE TOTAL $1,558.20 GIANT FOOD STORES INC 1604 INDUSTRIAL DRIVE CARLISLE PA 17013 WE'RE CUSTOMER DRIVEN TM SERVICE LOCATION Carlisle (717) 766-1546 REFERENCE INVOICE NUMBER ON REMITTANCE` CUSTOMER NUMBER PERIOD ENDING INVOICE DATE 61958200-4517 10/25/02 10/31102 VEHICLE I TRANSACTION DATE NUMBER 232276 10/25/2002 DESCRIPTION SPECIAL ! pE~S`KE? INVOICE T?tickLeasing INVOICE NUMBER S451712002 Accident Extra for unit 5510496 fixed charge 09117/02 - 10/24/02 Mileage charge 6044 miles @.0512/mile 222846 - 228890 INVOICE TOTAL PAYMENT DUE BY PAGE 11/15/02 1 OF II TOTAL L SALES TOTAL I TAXI CHARGE 1,248.75 $ 1,248. 309.45 $ 309: $ 1,558. TAX CODE TAX RATE TAX CHARGE D125102 08:15:50 7547-) 717 766 0480 Paqe 002 PENSKE TRUCK LEASING CO, PAGE 2 S,O.S. DEPARTMENT NUMBER: 463060 VEHICLE NUMBER: 5510496 ------------ PURCHASE ORDER INFORMATION ----------- = CONTINU® Component Code; 61 Vendor: FULLERTON AUTO - TRUCK P.O. Nbr. : 00463060-1 117t5 PULASKI HWY Invoice: 0000012744 WHITE MARSH MO Entered Date: ----------- 9/17/02 ------------------------ 410-335-2081 ------------------- (E.S,T,) ------- Towing: 1.00 miles @ $ 750.00 3 $ 750,00 Miscellaneous: 1.00 $ 17.00 = $ 17,00 TOLLS P.O. TOTAL II .._.$767,00 ( ACTUAL. ) 4 10/25/02 08:15:36 M PGM-OTRTPCRR 7547-> PENSKE TRUCK LEASING CO, S.O.S. DEPARTMENT ROAD CALL REPORT NUMBER: 463060 717 766 0480 PAGE I STATUS: FINAL VEHICLE HUMBER: 5510496 2001 INC CURRENT MILEAGE: 0250628 TRUCK/TRAILER INFORMATION: ??????? LTD MILEAGE: 0257727 AS OF 9/25/02 DISTRICT: 4517 CARLISLE CUSTOMER: 619582 4517 GIANT FOOD STORES INC - DRIVER: CLYDE TODD PHONES (410) 799-9999 ASSISTANCE DATE: 9/17/02 7:47 ROLL TIME: 9/17/02 10:30 ELAPSED TIME: 2.7 CITY/STATE: JUSSUP NO LOCATION: GIANT WHSE RT 175 X 41 1-95 C/I BY 04517 COMPONENT CODE: 61 ACCIDENT COMPLAINT: FRONT END DAMAGE CAUSES DVR ERROR CORRECTION: D4515 ASST SU*505096 REPAIR TOTAL NOTES: 717-385-7109 ;7 - -- CALL TAKEN BY: BB N $767.00 LAST PM DONE: DATE: 7/26/02 MILEAGE: .240,419 CALL HISTORY 09/17/02 07:52:07 CALL DISTRICT NBR. 2007-11 (410)792-2606 4515-10/AREA 602-STATION 07152:40 DKKXK DSUB/ SUB NO, 238764 07153:41 CALLED MAP VKDR NOR, 2107-02 (410)335-2081 FULLERTON AUTO - TRUCK 07:53:51 TALKED WITH DJ 07:55:30 SERVICE WILL ASSIST 07:55:45 ETA WITHIN 1 HR TO PTL - 08:06:51 CALL ARRIVED 06107:42 CALL CONNECT AGENT 08:08:13 DISTRICT CALLED BACK 4517-12 08108:35 TALKED WITH STEVE 08:08:41 DISTRICT ADVISED TOW DIRECT TO READING BUD SHOP 08:09:08 CALLED BACK SERVICE 2107-02 08:09:16 TALKED WITH CHARLIE/OT 08:09117 SOS ADVISED TAKE BROKEN TRUCK DIRECT 08:09156 TO READING BODY SHOP 08:10:09 SERVICE ADVISE) WILL HAVE HIM C/B 10:01:25 DISTRICT CALLED BACK 4917 10101:32 UPDATE PROGRESS 18146118 CALLED BACK SERVICE 2107-02 TALKED WITH J,R, JUST RETVRHED FROM READING PA BODY SHOP DRIVER RECIEVED TRK 5505096 SUB , 10/24/02 16:38100 ISSUE PURCHASE ORDER Vendor!: 2107-02 PURCHASE ORDER INFORMATION Component Codel 61 P,O, Nbr. 1 D4515-DSUB Entered Date: 9/17/02 Vendor: 4515-10/AREA 602-STATION ANNAPOLIS JUNCTION DID 301-497-2354 (E,S.T.) = CONTINUED ON NEXT PAGE _ Page 001 i, ,m- - .Arvnt? s c. ew w rn - i 1 :uuL )tu 1 :44 PAA ill 16 0480 III)ME TNLCK LEASING ?•> giant shop 4002 no',; .? n n+.Mnumrl, ... L NI otll MaMup?yl, Ivo "(.1 P, lr-8kg Plaza fte art t.ny. PA t9603-0301 ?FII11 l??)-7 ;,.!r> Fax (6310) 320--7098 p9/7(Make; I14. FawdC7014r. GIAM'.' Fl;ri D -ST `PF:il .',It- M9de.l.; 9<n0 r:?'I:ACRFi'..C•1D:714 rJl 4D 14:44 FAT W 766 0180 PENSKE 'FROCK LEASING no giant shop ..I. ?•'.h?l-49APIiIIdNd?IRM?lpW f'I' ill. Elfl:?{j?R1EPRtl?;WIw?IMP.? .'=n k 'Irn.::k. Leasiny Co L.P. 25 r-'n•_ k..: Plaza kLa ding, F'A 19603-030: (010) 52.1--7140 F 3c (6101 720-10993 09/20/2002 . GLANT FOOD _TO'.AE9 INC l Pk Mr, 7r.suvanm Company T f l L < n s _...___._.._-._-__-. :e<ccir::or; _._..._...__.__ C .. a: .: IRI EVN?P.R :i F:f FRAY.. -L.A.TF RILLE .?.. 1001) F/L- GRILLE: OF'N6. MTD6. INNHR P;RILLF :1PNr,. F:E''k F'. :IofA 6F, L.LF .PUG. .JJr 1,R PINN .... :'G. RCER .1 :. brRj - 'I:: i, tUGP: BEZEL L1,01 :?11I ELD _ F:O;?-' HINGE BAR . c... - UAL COOLED. PAD RA:FI•i i r-. .. : -C&LAN". .. ...,. AN S"A-00'? TO RA': : Cfif•1 :_'E:A,L£. .... ,.. , LA5:1 SiI. 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(6101 320-7096 s058` is '? 09/20/?_0C2 'I. GIANT FOQU STCI.F` T_UC . • ? i ?I ?:o rnsurarr:'a .=::-, r;lrly 'A= jWAR_. ;!a_ltcdous Waste fiamovai -uou___ AMP r, ?k?cave- Pland tirr? :,firs for Twc. 87ig?-! big?d Or: 13.8 hre Year: 2061 -- Make: IWERNATIONA Model: 9400 Style: TAOC V': N: CNA ER Ii =CO13 : -14 Plate/St: AE26227 P?. Unit N: 3i'_QG 96 Milug2: :?l'brF Frcd. 0t: / Built in: col-.r: W':-,it. Two $taijr- Pnt Coda: C. Labor Paint Part. N'!._X TONING-UNKNOWN 110022007 1C. 0.2 l?J?u•21- 121 U J ..,,- at ve. _y an es_im.ate aareci an i.usrec_..mn and I t: my er add.ic.io2ai azrte. labor whinh m:y • '17. 01 c!.amaa ,i dic r r_re:-) i? .]•/ 1'.G' :aaC 1+C311 cviri,?n!. W N! T113t I:ia• Jt t-: l._• ,rn' II ?;! pi Lc en ate .. .n. 'a:•.-.?yid. Quwationn or, r.irt-, rnd 2nbn'r am _ c•.? ,::rl ?':.rPr'r to c'15:"1cp. M. are nt're1-y I.u. ::e,i - make the .31-o?' rc;:..ai.r_. No, SUMMAM t!r:s Use^_ h we 77 Tic- Labor - (2) 32 o C'.0 ..;.C` .. Paint. (P) .,..'r. 0.0 `:. CU Labor (M,) 0.0 ;5. on Pa cL.:: Sublet: 1 W A Mat ?.G. A J.0 '.4 :C 4c Sale,-. Tax 6,uoi NB Ml: 1... ... y?y 1, ? -, 4 r VERIFICATION David R. Galloway, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Giant Food Stores, LLC, in the within action, certifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F:APILESVDATAFILEVGcnm i?Cunantl9948-23com W a C we ?, :? `?; %? :; ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GIANT FOOD STORES, LLC, Plaintiff, Vs. ROAD-MAXX, INC. and RAYMOND LESLIE FULLER, JR., Defendants. CIVIL DIVISION No.: 04-4635 PRAECIPE TO ENTER APPEARANCE Filed on behalf of Defendants Counsel of Record for this Party: Michael F. Nerone, Esquire PAID No.: 62446 DICKIE, MCCAMEY & CHILCOTE Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 (412) 392-5318 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GIANT FOODS STORES,,LLC CIVIL ACTION - LAW Plaintiff No. 04-4635 VS. ROAD-MAX, INC. and RAYMOND LESLIE FULLER, JR. Defendants. TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants in the above-captioned matter. DICKIE, MCCAMEY & CHILCOTE, P.C. By: 4OLrD? Michael F. Nerone, Esquire Attorneys for Defendants CERTIFICATE OF SERV:[CE I, Michael F. Nerone, Esquire, Esquire, hereby certify that true and correct copies of the foregoing Praecipe to Enter Appearance have been served this 7th day of October, 2004, by U.S. first-class mail, postage pre-paid, to counsel of record listed below: David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 DICKIE, McCAMEY & CHILCOTE, P.C. / By 'F Michael F. Nerone Attorneys for Defendants .. _? C ? r? Cl <,? -il 's C ?- .-1 z? J? I ?' ? Iv ..fit, ,?t _t1 C ` , _. : )1 _ y., ?, 'L _.. w F:IFILES\DATAFILE1General\Current17948-23.pra3/nlm Created: 5/11104 1, 36PM Revised: 11/18/04 10:57AM 7948.23 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for GIANT FOOD STORES, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROAD-MAX, INC., and RAYMOND LESLIE FULLER, JR., Defendants NO.04-463 5 CIVIL ACTION-LAW JURY TRAL OF TWELVE DEMANDED PRAECIPE Please reinstate the attached Complaint in the above-captioned action against Raymond Leslie Fuller, Jr., 13663 SE 50th Court, Summerfield, FL 34491-7321, and return same to the undersigned for service. Also reinstate the attached Complaint against Road-Max, Inc., for service upon its authorized agents, Rodney L. Bearden, 105 Powell Drive, Dalton, GA 30720-7577, and Billie B. Bearden, 119 Powell Drive, Dalton, GA 30720-7577, and return same to the undersigned for service. & OTTO By David R. Galloway, I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 18, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson 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: Michael F. Nerone, Esquire DICKIE, MCCAMEY & CHILCOTE Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 MARTSON DEARDORFF WILLIAMS & OTTO By 1iCJ `fix L? Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 18, 2004 -7 > 1 Cyr W ? i F \FILES\DATAFILE\General\Current\7948-23 affnoserv/jmt Created- 11/19104 940AM Revised: 11/19/04 4 03PM 7948 23 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff GIANT FOOD STORES, LLC, Plaintiff V. ROAD-MAX, INC., and RAYMOND LESLIE FULLER, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4635.- CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PROOF OF DUE DILIGENCE AND RELATED COSTS Please see the attached Return of Service showing personal service was attempted on Defendant, Raymond L. Fuller, Jr., but Defendant was not served at the address provided. Additionally, please see the attached invoice showing the cost of attempted service was $20.00. MARTSON DEARDORFF WILLIAMS & OTTO By David R. Galloway, Es I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: November 22, 2004 Attorneys for Plaintiff RETURN OF SERVICE RECEIPT NUMBER: 0004927-04 1ERSON TO BE SERVED: RAYMOND LESLIE FULLER 14702 SCHOOL DRIVD PANAMA CITY BEACH FL 32413 I-;AINTIFF: GIANT FOOD STORES LLC -VS- UEFENDANT: ROAD-MAX INC AND RAYMOND LESLIE FULLER JR TYPE WRIT: NOTICE, COMPLAINT, EXHIBIT A COURT: COM PLS, CUMBERLAND CO,PA CASE #: 04-4635 COURT DATE: COURT TIME: Received the above-named writ on October 26, 2004, at 3:17 PM, and returned the same as unexecuted on November 3, 2004, in BAY County, Florida, as follows: NOT FOUND By returning said writ unserved for the reason that after due diligence to locate, the named person to-wit: RAYMOND LESLIE FULLER could not be found in BAY County, Florida. NOT LIVING AT THIS ADDRESS WITH ANY LISTING AND UTILITIES. SERVICE COST: $20.00 PA, CIVIL CLERK MAIL TO: MARTSON DEARDORFF WILLIAMS & OTTO 717-243-3341 10 EAST HIGH STREET CARLISLE, PA 17013 FRANK MCKEITHEN, SHERIFF BAY COUNTY, FLORIDA BY: .SON MA DO #226, D.S. Bay County Sheriff's Office SV`fY to°xl/ FRANK McKEITHEN, Sheriff 3421 N. Highway 77 • Panama City, Florida 32405 P : 0004927-04 DATE: 10/26/2004 PECEIVED FROM: MARTSON DEARDORFF WILLIAMS & OTTO 717-243-3341 10 EAST HIGH STREET CARLISLE, PA 17013 PLAINTIFF: GIANT FOOD STORES LLC -VS- I:FFENDANT: ROAD-MAX INC AND RAYMOND LESLIE FULLER JR TYPE WRIT: NOTICE, COMPLAINT, EXHIBIT A CASE #: 04-4635 COURT: COM PLS, CUMBERLAND CO,PA DEPOSIT INFORMATION DEPOSIT AMOUNT: $20.00 TYPE OF PAYMENT: CHECK CHECK#: 13818 FRANK MCKEITHEN, SHERIFF BAY COUNTY, FLORIDA PA, CIVIL CLERK APPLIED INFORMATION TOTAL FEES APPLIED: $20.00 AMOUNT REFUNDED: $0.00 REFUND DATE: B Y VIL CLERK CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Due Diligence and Related Cost was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael F. Nerone, Esquire DICKIE, MCCAMEY & CHILCOTE Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 MARTSON DEARDORFF WILMIMS & OTTO Jean T or ' Ten as High Street Carlis e, PA 17013 (717) 243-3341 Dated: November 22, 2004 f? ' t:.? t'1 i' .-. ?.. ?ti{ ti ,? ? .r.? ? rt? } t ` t, '? ?? ?"?? S ?,;-', ?..-'. _ ?• ? ?'1 F:\FILES\DATAFILE\General\Current\7948-23 pray Created: 1211/04 1047AM Revised 12/1/04 1:36PM 7849.23 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GIANT FOOD STORES, LLC, Plaintiff V. ROAD-MAX, INC., and RAYMOND LESLIE FULLER, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4635 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Billie B. Bearden on November 18, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated November 22, 2004, and a copy of the receipt showing the cost of service was $8.84. MARTSON D F WILLIAMS & OTTO ,AA By I David R. alloway, Esquire I.D. No. 87326 10 E. High Street; Carlisle, PA 17013-3093 (717) 243-3341 Date: December 1, 2004 Attorneys for Plaintiff uuO -4ubu uuu,L 1188 9471 Postal N CERTIFIED M AIL, RECEIPT -r Ir (Domestic Mail Only; No Insurance Coverage Provided) s °. '+ r1l C3 CeMed Fee $2.34 : ' M Retum -lW Fee 3 X1 75 ` ,? 3 l ?3o?bnarl?_ (Endorsement Requred) . . Herei` j;? y, O r? Restricted Delivery Fee (EndmsemeM Required) 63.54 ` n a}. ,,°yy O r-9 Total Postage a Fees $ L ;8.84 , ` x . 11/18!2444, y M C NOW °InIK, O h? ------ Q Qce,-? ---- - w or PO Box NO. :. -------------------------- ctry; sieie: ziP+a - ? - -- -- -- -- ------------------------ CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of Martson 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: Mr. Michael F. Nerone, Esquire DICKIE, McCAMEY & CHILCOTE Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 MARTSON DEARDORFF WILLIAMS & OTTO Ten EW High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 1, 2004 ? ?-', .. ? ?? *.?r, -???"? ??'? N ;?+ ? C`? ` ,ry ??? ? t,tC.._ 1° ? ?(.? C? r"'? F\FILES\DATAFILE\General\Cu mt\7948-23 pra6 Created: t2/1104 10:57AM Revised 12/1/04 1:29PM 7948 23 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GIANT FOOD STORES, LLC, Plaintiff V. ROAD-MAX, INC., and RAYMOND LESLIE FULLER, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4635 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailed to Rodney L. Bearden on November 18, 2004, by certified mail, restricted delivery. MARTSON By ??- David R. Galloway, Esqi I.D. No. 87326 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 WILLIAMS & OTTO Date: December 1, 2004 Attorneys for Plaintiff -? CERTIFICATE OF SERVICE I, Jean Taylor, 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: Mr. Michael F. Nerone, Esquire DICKIE, MCCAMEY & CHILCOTE Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 MARTSON DEAF03ORFF WILLIAMS & OTTO Dated: December 1, 2004 Carlisle, PA 17013 (717) 243-3341 N Q ? t 'rt v Co ranrn ca c,-, + x? i rya ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GIANT FOOD STORES, LLC, CIVIL DIVISION Plaintiff, vs. No.: 04-4635 ROAD-MAXX, INC., and RAYMOND LESLIE FULLER, JR., ANSWER AND NEW MATTER Defendants. Filed on behalf of Defendants ROAD-MARX, INC., and RAYMOND LESLIE FULLER, JR., Counsel of Record for this Party: Michael F. Nerone, Esquire PAID No.: 62446 Sarah B. Heineman, Esquire PAID No.: 91040 DICKIE, MCCAMEY & CHILCOTE Two PPG Place Suite 400 Pittsburgh, PA. 15222-5402 (412) 392-5318 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GIANT FOODS STORES, LLC CIVIL ACTION - LAW Plaintiff No. 04-4635 vs. ROAD-MARX, INC., and RAYMOND LESLIE FULLER, JR., Defendants. ANSWER AND NEW MATTER AND NOW, comes the Defendants, Road-Max, Inc. and Raymond Leslie Fuller, Jr., by and through its counsel, Dickie, McCamey & Chilcote, P.C. and file this Answer and New Matter in response to Plaintiff's Complaint, in support of which avers the following: 1. After reasonable investigation, the Defendants lack sufficient information or knowledge to formulate a belief as to the truth or falsity of the allegations in paragraph 1 of Plaintiff's complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of trial. 2. Denied. 3. After reasonable investigation, the Defendants lack sufficient information or knowledge to formulate a belief as to the truth or falsity of the allegations in paragraph 3 of Plaintiff's complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of trial. 4. Denied. 5. After reasonable investigation, the Defendants lack sufficient information or knowledge to formulate a belief as to the truth or falsity of the allegations in paragraph 5 of Plaintiff's complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of trial. 6. Denied. 7. Denied. 8. After reasonable investigation, the Defendants lack sufficient information or knowledge to formulate a belief as to the truth or falsity of the averments set forth in paragraph 8 of Plaintiff's complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of the trial. COUNT I- NEGLIGENCE, 9. The averments of Paragraphs 1 through 8 of this Answer are incorporated by reference herein as though the same were fully set forth at length. 10. The averments set forth in paragraph 10 and subparagraphs (a) through (k) of Plaintiff's complaint state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. 11. The averments set forth in paragraph 11 of Plaintiff's complaint state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. 12. The averments set forth in paragraph 12 of Plaintiff's complaint state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. WHEREFORE, the Defendants deny any and all liability to the Plaintiff under any theory of law whatsoever and respectfully requests that judgment be entered in its favor together with costs. NEW MATTER 13. Defendants raise improper service as a complete and/or partial bar to Plaintiff's claims. 14. Defendants raise lack of service as a complete and/or partial bar to Plaintiff's claims. 15. Defendants raise lack of personal jurisdiction as a complete and/or partial bar to Plaintiff's claims. 16. Defendants raise Plaintiff's comparative negligence as a complete and/or partial bar to Plaintiff's claims. 17. Defendants raise Plaintiff's assumption as a known risk as a complete and/or partial bar to Plaintiff's claims. 18. Defendants raise Plaintiff's failure to mitigate: damages as a complete and/or partial bar to Plaintiff's claims. 19. Defendants raise the applicable two-year statute of limitations as a complete and/or partial bar to Plaintiff's claims. 20. Defendants raise all of the defenses set forth in Pennsylvania Rules of Civil Procedure 1028 as if the same were set forth herein at length, as a complete and/or partial bar to Plaintiff's claims. 21. Defendants raise all of the defenses set forth in Pennsylvania Rules of Civil Procedure 1030 as if the same were set forth herein at length, as a complete and/or partial bar to Plaintiff's claims. WHEREFORE, the Defendants deny any and all liability and respectfully requests that judgment be entered in its favor together with costs. Respectfully submitted, DICKIE, -.MCCAMEY & CHILCOTE, P.C. By. z Mi one, squire Sarah B. Heineman, Esquire Attorneys for Defendant VERIFICATION I, Sarah B. Heineman, Esquire, counsel for Defendants Road-MAXX, Inc., and Raymond Leslie Fuller, Jr., have read the foregoing Answer and New Matter. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. S H m , Esquire DATED: 2- c? 9 i CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Answer and New Matter have been served this day of December, 2004, by U.S. first-class mail, postage pre- paid, to counsel of record listed below: David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 DICKIE, McCAMEY & CHILCOTE, P.C. C By Mic e; on , Esquire Sarah 11. Heineman, Esquire Attorneys for Defendants 4 r-3 L? «I . mCl W ro - rQ F:\FILES\DATAFILE\General\Cunent\7948-23.repl Created: 1/6/05 11:20AM Revised: 116105 20OPM 7948 23 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GIANT FOOD STORES, LLC, Plaintiff V. ROAD-MAX, INC., and RAYMOND LESLIE FULLER, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4635 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' ANSWER AND NEW MATTER TO: DEFENDANTS AND THEIR ATTORNEYS, SARAH It HEINEMAN, ESQUIRE AND MICHAEL F. NERONE, ESQUIRE The averments of Defendants' Answer with New Matter are hereby incorporated by reference. 11-21. These allegations are conclusions of law to which no response to pleading is required. If a responsive pleading is required, these allegations are denied pursuant to Pa R.Civ.P. 1029(e). WHEREFORE, Plaintiff demands judgment in its favor and against Defendants. SON By __? I.D. 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Date: January 6, 2005 Attorneys for Plaintiffs CERTIFICATE OF SERVICI: I, Jean Taylor, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Reply to Defendants' Answer and New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Sarah B. Heineman, Esquire DICKIE, McCAMEY & CHILCOTE Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Michael F. Nerone, Esquire DICKIE, McCAMEY & CHILCOTE Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 MARTSON DEARDORFF WILLIAMS & OTTO Jean aylor Te st High 'Street Carlisle, PA 17013 (717) 243-3341 Date: January 6, 2005 C? N CYN ?_ t- _ F AFILESVDATA14LEVCeneraflCunenN949-23.Pre] Cfe?Ied 2/2205 0.40PM Revised 2'22105 1.52PM 7948.23 David R. Galloway, Esquire I.D. 87326 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GIANT FOOD STORES, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROAD-MAX, INC., and RAYMOND LESLIE FULLER, JR. Defendants NO. 04-4635 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David R. Galloway. Esquire, counsel for the plaintiff in the above action, respectfully represents that: The above-captioned action is at issue. The claim of the Plaintiff in the action is $12,206.57. The counterclaim of the Defendant in the action is S The following attorneys are interested in the case(s) as counsel or are other wise disqualified to sit as arbitrators: David R. Galloway Esquire and Martson Deardorff Williams and Otto WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. MARTSON DEARDORFV- ILLIAMS & OTTO By Attorneys for Plaintiffs ORDER OF COURT AND NOW, this day of 2005, in consideration of the foregoing petition Esq., , Esq., and appointed arbitrators in the above-captioned action as prayed for. By the Court, Esq. are Date: P.J. 4 "tz F \FILES\Clients\Giant7948\Archivel23\7948.23.pra8/nhn Created. 5/11/04 1:36PM Revised: 10/10/07 3:36PM 7948.23 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GIANT FOOD STORES, LLC, Plaintiff V. ROAD-MAX, INC., and RAYMOND LESLIE FULLER, JR., Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4635 CIVIL ACTION-LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please mark the above-captioned matter settled and discontinued. MARTSON LAW OFFICES By Date: /11 - /I- - 0 7 (?Z'4-k <,- K__ Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ca ? ? L' a. ? 'Z.3 ??. _1 _T ; . ?"tR ? ? l__ ? --1 •! r? ? ?L +v'. p? ? ? `a'