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HomeMy WebLinkAbout01-0007IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION COUNTY, PENNSYLVANIA Plaintiff(s) & Address(es): James Harnish 14144 Fairview Road Clear Spring Maryland 21722 : : Nationwide Mut~i Insurance : P.O. Box 26_~ Harrisburg PA 17105 VS. : Defendant(s) & Address(es): James D. Tomlinson 8011 Cooke Road Elkins Park, PA 19027 (Please see attached for more ) PRAECIPE FOR SUMMONS File No. ~r)i Civil Action TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in in the above case. O~vll Amf. inn 1 Writ of Summons shall be issued and forwarded PLEASE RETURN FOUR WRITS OF SUMMONS TO THE ATTORNEY FOR SERVICE BY MAIL SignaXb_[~_._j~ v L. Paul Johnston, Jr P.O. RD× 1995 Allentown. PA 1Rln5 (610} 437-5B~1 Name/Address/Telephone Number of Attorney Date:December 29, 2000 Supreme Court ID Number 68774 SUMMONS IN CIVIL ACTION TO: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST Prothonotary/Cle'rk{~fivi 1 Division ~ Deputy E-4F-1 Defendants continued: Pacific Business Connections 2155 E. Oliver Holmes Rd. Colton, CA 92324 Sabino Landaverde 16710 Eric Avenue Artesia, CA 90701 Cardinal Freight Carriers, Van Dam Rd. Bldg. 8C3 South Holland, IL 60473 Gary Allan Jansen 150 E. Washington Street Lake Helen, FL 32744 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00007 P COMMONWEALTH OF PENNSYLV~uNIA: COUNTY OF CUMBERLAND HARNISH JAMES VS NATIONWIDE MUTUAL INSUPJ~NCE R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT , to wit: TOMLINSON JAMES D but was unable to locate Him in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within WRIT OF SUMMONS , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and He therefore Pennsylvania, to On January 22nd , 2001 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Montgomery Co 33.00 .00 70.00 01/22/2001 L. PAUL JOHNSTON, So answer: . ~ ~ / R.~homas Kline Sheriff of Cumberland County JR. ESQ. Sworn and subscribed to before me this ~/~- day of ~ ~! A.D. ~ / Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania James Harnish, et. al. VS. James D. Tom]inson, et. al. Serve: James D. TDnclinson ~ Now, hereby deputize ~e Shehffof NO. 2001-07 Civil xsT FoR ,20 O ~9., I SHERIFF OF CUMBERLAND coLrNT¥, PA, do Montgomery County to execute this Writ, this deputation being made at the request and r/sk of the Plaintiff. Sheriff of Cumberland Count-y, PA within upon Affidavit of Service ,20. {fi/ , at ~ & o'clock .. served the by hmading to ~z~5 A and made lmown to Sworn and . before me th/s/'7 day .; 2~) [ cop}, of the or/ginal the conten~cs thereof. COSTS SERVICE MILEAGE A~FFIDAVIT AFFID.SER/FORMS/4/3/01 LPJ:mdr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES HARNISH and NATIONWIDE MUTUAL INSURA/qCE, Plaintiffs, VS. JAMES D. TOMLINSON, PACIFIC BUSINESS CONNECTIONS, SABINO LANDAVERDE, CARDINAL FREIGHT CARRIERS, iNC. and G~RY ALLAN JANSEN, Defendants. No.: 01-07 Civil Term CIVIL ACTION AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 403(1/ and 404(2) I, L. PAUL JOHTONSN, JR., ESQUIRE, Attorney for the Plaintiffs, being duly sworn and according to law, depose and say that I served the Complaint for the above-captioned matter on DEFENDANT PACIFIC BUSINESS CONNECTIONS pursuant to Pa.R.C.P. 403(1) and 404(2) governing service of legal papers other than original process, by mailing a copy of said Complaint by certified mail to Defendant, on the 8th day of January, 2001, their known address of 601 S. Hunts Lane, Colton, CA 92324. A copy of the Exhibit "A" , Date: to SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF April, 2001. and are made a part~~/ A~>t. Qrn~r P~ntiffs Attorney I.D. No. 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18015-1995 (610) 437-5001 SENDER: · Complete items t and/or 2 for additional services. · Complete items 3.4a, and 4b. · Print your name and address on the reverse of this fern1 so that we cart return this card to you · Attach this form to the front of the maiipiece, or on the Pack if space does rtot permit. - · Write 'Return Receipt Requested' on the mailpiece below the article number. · The Return Receipt will show to whom the ar[ic~e was delivered artd the date delivered, I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. o 3. Article Addressed to: qLoq bq,_ 4b. Service Type ! ~ [] Registered ~ Ce~ified ~ D Express Mail D Insur~ _ ~ ~ Return R~eipt for Memhandise ~ COD ~ ~ , 7. Date of Delivery 5. Received By: (Print Name) 8. Addressee's Address (only?requested ' and fee is paid) ., 6. S~gn~ddr~ssee or Agent~ ~ -- PS F~rm 38'~ 1, D~cem~"e~99~, -- 1~2595-9s-s-0229 Domestic Return Receipt Z 464 024 693 US Post~ Service Receipt for Certified Mail No Insurance Coverage provided. use for IntemafionaJ Mail (See reverse) p Office, State, IP C Return Receipt Showing to Whom & Date Delivered TOTAL Postage & Fees $ ~, '"7 q Postmark or Date AFFID.SER/FORMS/4/3/01 LPJ:mdr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES HARNISH and NATIONWIDE : MUTUAL INSURANCE, : Plaintiffs, : VS. : JAMES D. TOMLINSON, PACIFIC : BUSINESS CONNECTIONS, SABINO : LANDAVERDE, CARDINAL FREIGHT : CARRIERS, INC. and GARY ALLAN : JANSEN, : : Defendants. : No.: 01-07 Civil Term CIVIL ACTION AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 403(1) and 404(2) I, L. PAUL JOHTONSN, JR., ESQUIRE, Attorney for the Plaintiffs, being duly sworn and according to law, depose and say that I served the Complaint for the above-captioned matter on DEFENDANT CARDINAL FREIGHT CARRIERS, INC. pursuant to Pa.R.C.P. 403(1) and 404(2) governing service of legal papers other than original process, by mailing a copy of said Complaint by certified mail to Defendant, on the 8th day of January, 2001, to their known address of Van Dam Road, Building 8C3, South Holland, IL 60473. A copy of the hereto, Date: marked Exhibit SWORN TO AND SUBSCRIBED BEFORE ME THIS ,~0 DAY OF April, 2001. and are~reof.~k~ ~ L.[PAUL J~N( JR., ESQUIRE At~n~e~-~Plaintiffs Attorney I.D. No. 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18015-1995 (610) 437-5001 SENDER: · Complete Items 1 and/or 2 for additional sewices. · Complete items 3, 4a. and 4b. the reverse of this fonm so that we can return this · Pdnt your name and address on ~b. Sen/ice Type [] Certified [] Registered Mail [] insured Express [] RetumReceiptforMerchandise [] COD 7. Date of Delivery~ ~_ 7 ~' -~. Rec [~,~.~.d By: (print. l, ~ [__ .~.~ ~ .,,Name) ~ and fee is paid) Z 464 024 692 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemal~onal Mail AFFID.SER/FORMS/4/3/01 LPJ:mdr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COI/NTY, CIVIL ACTION - LAW JAMES HARNISH and NATIONWIDE : No.: 01-07 MUTUAL INSUR3kNCE, : Plaintiffs, : VS. : JAMES D. TOMLINSON, PACIFIC : BUSINESS CONNECTIONS, SABINO : LANDAVERDE, CARDINAL FREIGHT : CARRIERS, INC. and GARY ALLAN : JANSEN, : : CIVIL ACTION Defendants. : AFFIDAVIT OF SERVICE PURSUANT TO PENNSYLVANIA Civil Term Pa.R.C.P. 403(1) and 404(2) Defendant, on the 8th day of January, 2001, to his known address of 16710 Eric Avenue, Artesia, CA 90701. I further depose and say that at least fifteen (15) days have elapsed therefrom during which time the correspondence has not been returned to sender. A copy of the service letter is attachedf~r~o, marked Exhibit "A", and is made a part hereof. ~-~-~ ~ Date: L. N, JR., ESQUIRE Atto~ for Plaintiffs Attorney I.D. No. 68774 P.O. Box 1995 Allentown, PA 18015-1995 (610) 437-5001 I, L. PAUL JOHNSTON, JR., ESQUIRE, Attorney for the aintiffs, being duly sworn and according to law, depose and say that I served the Complaint for the above-captioned matter on DEFENDANT SABINO LANDAVERDE, pursuant to Pa.R.C.P. 403(1) and 404(2) governing service of legal papers other than original process, by mailing a copy of said Complaint by regular mail to L. PAUL JOHNSTON, JR. January 8, 2001 sabino Landaverde 16710 Eric Avenue Artesia, CA 90701 Harnish et al. vs. Tomlinson et al. Re: '~o.: 01-07 civil Term Dear the rules of Civil sabino Landaverde: Enclosed please find a Writ of Summons with regard to above-captioned matter. We are serving same upon you pursuant to applicable Procedure · LPJ:mdr Enclosure cc: Mr. Randy Rulapaugh Claim No.: 52 19 A 772844 01021999 01 AFFID.SER/FORMS/4/3/01 LPJ:mdr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW JAMES HARNISH and NATIONWIDE : ~UTUAL INSUP~ANCE, : : Plaintiffs, : VS. : JAMES D. TOMLINSON, PACIFIC : BUSINESS CONNECTIONS, SABINO : LA/qDAVERDE, CARDINAL FREIGHT : CARRIERS, INC. and GARY ALLAN : JANSEN, : Defendants. : NO. : PENNSYLVANIA 01-07 Civil Term CIVIL ACTION depose and say that at least fifteen (15) days have elapsed therefrom during which time the correspondence has not been returned to sender. A copy of the~~se~-letter is attached hereto, marked Exhibit "A", and is m~reof. %/~/m/ L. IPAUL.JO~Q~S~ON, JR., ESQUIRE Date: Att~ne~r Plaintiffs Attorney I.D. No. 68774 P.O. Box 1995 Allentown, PA 18015-1995 (610) 437-5001 that I served the Complaint for the above-captioned matter on DEFENDANT GARY ALLAN JENSEN, pursuant to Pa.R.C.P. 403(1) and 404(2) governing service of legal papers other than original process, by mailing a copy of said Complaint by regular mail to Defendant, on the 8th day of January, 2001, to his known address of 150 E. Washington Street, Lake Helen, FL 32744. I further ~intiffs, being duly sworn and according to law, depose and say I, L. PAUL JOHNSTON, JR., ESQUIRE, Attorney for the AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 403(1) and 404(2) L. PAUL JOHNSTON, JR. January 8, 2001 Gary Allan Jansen 150 E. Wahsington Street Lake Helen, FL 3274~. Re: Harnish et al. vs. ~CP. Tomlinson et al. cumberland County NO.: 01-07 Civil Term Dear Gary Allan Jansen: Enclosed please find a Writ of Summons the above-captioned matter. We are serving same upon you pursuant rules of Civil Procedure. TON, LPJ:mdr Enclosure cc: Mr. Randy Rulapaugh Claim No.: 52 19 A 772844 01021999 01 with regard to to applicable JR. E. ALFRED SMITH & ASSOCIATES E. Alfred Smith, Esquire Identification No. 03291 1333 Race Street, 2nd Floor Philadelphia, PA 19107 (215) 569-8422 NATIONWIDE MUTUAL INSUPJkNCE CO.: A/S/O James M. Harnish : P. O. Box 2655 : Harrisbur§, PA 17105 : and : JAMES M. HARNISH : 14144 Fairview Road : Clear Spring, MD 21722 : Plaintiff : JAMES D. TOMLINSON : 8011 Cooke Road : Elkins Park, PA 19027 : and : PACIFIC BUSINESS CONNECTIONS : 601 S. Hunts Lane : Colton, CA 92324 : and : CARDINAL FREIGHT CARRIERS, INC.: Van Dam Road-Bldg. 8C3 : South Holland, IL 60473 : and : GARY ALLAN JENSEN : 150 E. Washington Street : Lake Helen, FL 32744 : and : SABINO LANDAVERDE : 16710 Erie Avenue : Artesia, CA 90701 : Defendants : Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland County, PA CIVIL ACTION - LAW 01-07 - CIVIL TERM 1. The Plaintiff, Nationwide Mutual Insurance Company (hereinafter referred to as Nationwide), is an insurance carrier licensed and authorized to perform business in the Commonwealth of Pennsylvania and various states. 2. The Plaintiff, James Harnish, is an adult individual. 3. The Defendant, James D. Tomlinson, is an adult individual living at 8011 Cooke Road, Elkins Park, PA 19027. 4. The Defendant, Pacific Business Connections, is a business entity located at 601 S. Hunts Lane, Colton, CA 92324. 5. The Defendant, Cardinal Freight Carriers, Inc., is a corporation located at Van Dam Road, Building 8C3, South Holland, IL 60473. 6. The Defendant, Gary Allan Jensen, is an individual residing at 150 E. Washington Street, Lake Helen, FL 32744. 7. The Defendant, Sabino Landaverde, is an individual residing at 16710 Eric Avenue, Artesia, CA 90701. 8. On or about January 2, 1999 Plaintiff James M. Harnish maintained a personal auto policy with Plaintiff Nationwide Mutual Insurance Company. 9. On or about January 2, 1999 Defendant James D. Tomlinson was operating a white van going north on SRS1 in Cumberland County when he passed a tractor-trailer and was returning to the right lane when he encountered some slush or other substance in the road, which caused his vehicle to spin and go off the highway onto the right or eastern berm of SR81, all of which caused the tractor trailer of Defendant, Cardinal Freight Carriers, Inc., being operated by Defendant Gary Allan Jensen and also going north on SR81 to take evasive action which caused his trailer to jack-knife. The tractor-trailer of Defendant, Pacific Business Connections, Inc. being operated by Defendant, Sabino Landaverde, the tractor-trailer of Cardinal Freight Carriers, Inc., tractor-trailers went out of control and went off onto strip. The trailer of Cardinal Freight Carriers, Inc. automobile being driven by Plaintiff, James M. Harnish, travelling south in the left lane of SR81. and also going north on SR81 struck the left side of and both the median struck the which was 10. As the result to the negligence of the Defendants the Plaintiffs sustained property damage in the amount of $8,016.50 which includes the insured's deductible. 11. The negligence, recklessness and/or carelessness of the various Defendants consisted of the following: A. Failing to make proper observations; B. Failing to have their vehicles under proper control; C. Failing to operate their vehicles properly in view of the prevailing road conditions; Do Failing to maintain a proper lookout; Attempting to pass when the conditions didn't permit it to be done safely; Permitting their vehicles to go on the median strip; Striking a vehicle lawfully upon the highway; Operating a vehicle at a speed unsafe for conditions; and Other such negligence as developed through continuing discovery and trial of this matter. 12. The Plaintiff Nationwide Mutual Insurance Company is subrogated to the Plaintiff James M. Harnish. 13. As a result of defendants' negligence Nationwide was required by the terms of its policy to pay, and it did pay, $7,845.50 to James M. Harnish to reimburse him for the loss of his car, which had a salvage value of $79.00. Its insured, James M° Harnish, paid a $250.00 deductible, which Nationwide is obliged to recover on his behalf. 14. As a result of defendants' negligence Nationwide suffered damages of $7,845.50 and its insured suffered damages of 250.00. WHEREFORE, Defendants, James D. Tomlinson, Cardinal Freight Carriers, Inc. the Plaintiffs demand judgment against the Pacific Business, Connections, and Sabino Landaverde and Gary Allan Jensen in the amount of $8,016.50 plus court costs. E. ALFRED SMIT~{ & ASSOCIATES Attorney for Plaintiff The averments or denials of facts contained in the foregoing pleading are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: GOLDBERG, KATZlvIAN & SHIPMAN, P.C. Thomas E. Breone~ - #32085 Attomey~ for De£e~dams 32O lViarket SU'eet Post O~os Box 1268 Harrisburg, Pem~ylvania 17108-1268 (717) 234-4161 NATIONWIDE MUTUAL INSURANCE: CO. A/S/O James M. Harnish and JAMES M. HARNISH Plaintiffs JAMES D. TOMLINSON, PACIFIC BUSINESS CONNECTIONS, : CARDINAL FREIGHT CARRIERS, INC.: GARY ALLAN JANSEN and SABINO : LANDAVERDE : Defendants IN THE COURT OF COlVIMON PLEAS OF CUMBERLAND COUNTY No. 01-07 - Civil Term CIVIL ACTION - LAW ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner ofGoldberg, Katzman & Shipman~ P.C. on behalf of Defendants Cardinal Freight Carders, Inc. and Gary Allan Jansen. Respectfully submitted, Date: Febma_~y 8, 2002 Thomas E. Brenner, Esquire Attorney I.D. #32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Cardinal Freight Carders, Inc. and Gaxy Allan Jansen CERTIFICATE OF SERVICE I hereby certify that I am this day se~ing a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: E Alfred Smith, Esquire 1333 Race Street, 2~ Floor Philadelphia, PA 19107 Howard D. Kau~an, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Street, Suite 300 Harrisburg, PA 17101 George B. Failer, Jr., Esquire Martson Deardorf Williams & Otto Ten East High Street Carlisle, PA 17013 William P. Douglas, Esquire 27 West High Street Carlisle, PA 17013 Date: February 8, 2002 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~v~.~ Thomas E. Brenner, Esquire Attorney for Defendants Cardinal Freight and Gary Allan Jansen JOHN GERARD DEVLIN & A~8OCIATES, P.C. John Gerard Devl~n, Atty. I.D. #32858 Howard D. Ka~,~, Atty. I.D. #38963 100 Pine 81m~tlSuit~ HatTlsbur~, PA. 17101 (717] 720-0700 NATIONWIDE MUTUAL INSURANCE A/S/O James M. Harnish JAMES M. HARNISH plaintiff Defendants P~cfflc Business Connections & 8o. bino Londaverde : IN I'H~: COURT OF COMMON PLEAS : CUMBERLAND COUNTY : : No. 01-07-Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED : JAMES D. TOMLINSON : and : PACIFIC BUSINESS CONNECTIONS : ami : CARDINAL FREIGHT CARRIERS, INC., : and : GARY ALLAN JENSEN : and : SABINO LANDAVERDE, : ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly emer the appearance of Howard D. Kauff, an, Esquire of the Law Offices of John Gerard Devlin & Associates, P.C., as counsel for Defendants, Pacific Business Connections and Sabino Landaverde in the above-captioned matter. Respectfully submitted, JOHN GERARD DEVLIN & ASSOCIATES, P. C. BY: H~ JOIIN GEIL~ DEVLIN ~ A~8OCIATES, P.C. John fl~mrd nevlin, Emquf~e Atty. I.D. #328~8 Howard. n. Kauffman, E~l.u.tm Atty. I.D. #38963 100 ~ 8tzeet/8~dte ~60 ~ri~bl]~, PA ~7~01 (717) 7:20-0700 NATIONWIDE MUTUAL INSURANCE AJS/O James M. Harnish and JAMES I~L HARNISH Plaintiff Vo JAMES D. TOMLINSON and PACIFIC BUSINESS CONNECTIONS and CARDINAL FREIGHT CARRIERS, INC., GARY ALLAN JENSEN and SABINO LANDAVERDE, Defead~mts Defendants Puciflc hiness Connectiono & 8abino Lendaverde : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 01-07-Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CER TIFICA TE OF SER VICE AND NOW, this __~ day of February, 2002, I, Howard D. Kat~t~m, Esquire, counsel for Defendant, affirm that I served the foregoing Entry of~ppearance on behalf of Defendants Pacific Business Connections and Sabino Landaverde by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: E. Al~'ed Smith, Esquire E. ALFRED SMITH & ASSOCIATES 1333 Race Street, 2"a Floor Philadelphia, PA 19107 Counsel for Plaintiff Thomas Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Counsel for Defendants Cardinal Freight & Gary Allan Jansen James D. Tomlinson 8011 Cooke Road EIkins Park, PA 19027 Howard'. Kauffmaa, Esquire F:kFILES~DATAFIL£\Travdoc cur\672-pI a. 1/nlm Created: 02/25/02 10:47 lgAM Revised: 02/25/02 10:57:27AM 3090672 NATIONWIDE MUTUAL : INSURANCE CO., A/S/O James Hamish : and JAMES M. HARNISH, : Plaintiffs : JAMES D. TOMLINSON, PACIFIC BUSiNESS CONNECTIONS, CARDINAL FREIGHT CARRIERS, INC., GARY ALLAN JENSEN, and SABINO LANDAVERDE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-07 CiVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant James D. Tomlinson in the above matter. Defendant James D. Tomlinson hereby demands a twelve juror jury trial in the above captioned action. Dated: February 25, 2002 MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant James D. Tomlinson CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for 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: E. Alfred Smith, Esquire E. ALFRED SMITH & ASSOCIATES 1333 Race Street, 2nd Floor Philadelphia, PA 19107 Howard D. Kauffman, Esquire JOHN GERARD DEVLIN & ASSOCIATES, P.C. 1515 Market Street, Suite 2010 Philadelphia, PA 19102 William P. Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Dated: February 25, 2002 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 NATIONWIDE MUTUAL INSURANCE A/S/O James M. Flarnish JAMES M. HARNISH Plaintiff JAMES D. TOMLINSON and PACIFIC BUSINESS CONNECTIONS and CARDINAL FREIGHT CARRIERS, INC., and GARY ALLAN JENSEN and SABINO LANDAVERDE, Defendants for:. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 01-07-Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMAI~ED NOTICE TO PLEAD TO: Plaintiff YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER, NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respect fully submitted, JOHN GERARD DEVLIN & ASSOCIATES, P. C. BY: ~ JOHN GERARD DEVLIN OS AK~OCIATE~, P.C. Johll ~ ]~11~ ~l. ldl~ Atty. I.D. #32858 Howurd D. K~u~nn~ Esquire Atty. I.D. #38963 100 lqne Street/Suite 260 Harrl~m~, PA 17101 (717) 720~700 NATIONWIDE MUTUAL INSURANCE A/S/O James M. Harnish JAMES lVL HARNISH Plaintiff JAMES D. TOMLINSON and : PACIFIC BUSINESS CONNECTIONS : and : CARDINAL FREIGHT CARRIERS, INC., : GARY ALLAN JENSEN : and : SABINO LANDAVERDE, : Defendants : C~mn~l for:. Defendants Pacific Business Connections Os SaM.no Landaverde : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : : No. 01-07-Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANTS, PACIFIC BUSINESS CONNECTIONS, INC. AND SABINO LANDA FF. RDE'S ANSWER WITH NEW MATTER PURSUANT TO PA. R.C.P. 2252(d) TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation, Answering Defendants are withom sufficient information or knowledge with which to form a belief as to the truth of the remaining averments of this paragraph and they are accordingly denied. 7. Admitted in part and denied in part. It is admitted that Defendant, Sabino Landaverde, is an individual, but it is denied that he lives at 16710 Eric Avenue, Artesia, California 90701. 8. Denied. After reasonable investigation, Answering Defendants are without sufficient information or knowledge with which to form a belief as to the truth of the remaining averments of this paragraph and they are accordingly denied. 9. Denied. It is denied the tractor trailer operated by Sabino Landaverde and owned by Pacific Business Connections, Inc., struck the let~ side of the tractor trailer of Cardinal Freights Carriers, Inc. and that the Pacific Business Connections tractor trailer went out of control. On the contrary, Answering Defendants acted reasonably and prudently under the circumstances. After reasonable investigation, Answering Defendants are without sufficient information or knowledge with which to form a belief as to the truth of the remaining averments of this paragraph and they are accordingly denied. 10. Denied. It is denied that Answering Defendant was negligent in any manner whatsoever. On the contrary, Answering Defendant acted reasonably and prudently under the circumstances. ARer reasonable investigation, Answering Defendants are without sufficient information or knowledge with which to form a belief as to the truth of the rem~aining averments of this paragraph and they are accordingly denied. 11. It is denied that Answering Defendant was negligent, reckless or careless in any manner whatsoever. On the contrary, Answering Defendant acted reasonably and prudemly under the circumstances. a-i. Denied. On the contrary, Answering Defendant acted reasonably and prudently under the circumstances. 12. Al~er reasonable investigation, Answering Defendants are without sufficient information or knowledge with which to form a belief as to the truth of the remaining averments of this paragraph and they are accordingly denied. 13. Denied. It is denied that Answering Defendants were negligent in any manner whatsoever. On the contrary, Answering Defendants acted reasonably and prudently. Atler reasonable investigation, Answering Defendants are without sufficient information or knowledge with which to form a belief as to the truth oftbe remaining averments of this paragraph and they are accordingly denied. 14. Denied. It is denied that Answering Defendants were negligent in any manner whatsoever. On the contrary, Answering Defendants acted reasonably and prudently. After reasonable investigation, Answering Defendants are without sufficient information or knowledge with which to form a belief as to the troth of the remaining averments of this paragraph and they are accordingly denied. WHEREFORE, Defendant denies that Plaintiffs are entitled to judgment against the Defendant in the mount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgmem be entered in Defendant's favor and against the Plaintiffs and for its costs and fees and for such other relief as the Court deems appropriate. DEFENDANT DEMANDS TRIAL BY JURY. NE Vt' MA T TER 15. Defendant reserves the right to challenge any award of delay damages in this case. 16. Defendant demands that appropriate hearings be conducted in this ease prior to any award of delay damages. 17. Rule 238 of the Pennsylvania Rules of Civil Procedure, on its face, and as applied is violative of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution of the United States, {}1983 of Title 42 of the United States Code and Article I, §1, 6, 11 and 26 and Article V, §10(c) of the Pennsylvania Constitution and imposes a chilling effect on the exercise by Defendant of its constitutional rights. 18. If it is determined that the Answering Defendant is liable on the Plaintiff's cause of action, the Answering Defendant avers that the plaintiffs recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S. §7102. 19. It is further averred that if the plaintiff suffered any injuries/damages as alleged, they were caused solely and primarily by the plaintiffs own carelessness and negligence. 20. It is further averred by the Answering Defendant that if plaintiff suffered any injuries/damages as alleged, plaintiff, by his conduct assumed the risk of those injuries/damages. WHEREFORE, Defendant denies that Plaintiffs are entitled to judgment against the Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered in Defendant's favor and against the Plaintiffs and for its costs and fees and for such other relief as the Court deems appropriate. DEFENDANT DEMANDS TRIAL BY JURY. NEW MA TTER PURSUANT PA. It. CP. 2252(d) DIRECTED TO CO-DEFENDANTS 21. Pursuant to the provisions of Pa. R.C.P. 2252(d), Answering Defendant asserts that Co-defendants are alone liable or are jointly and severally liable or are liable over to Answering Defendant on the cause of action declared upon by plaintiff. It is further averred that if it is determined that the Answering Defendant is liable on plaintiff's cause of action, said Answering Defendant avers that the Co-defendant is liable to the Answering Defendant to indemnity and contribution. WHEREFORE, Defendant defies that Plaintiffs are entitled to judgment against the Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered in Defendant's favor and against the Plaintiffs and for its costs and fees and for such other relief as the Court deems appropriate. DEFENDANT DEMANDS TRIAL BY JURY. Respectlhlly submitted, JOHN GERARD DEVLIN & ASSOCIATES, P. C. BY: ~ -- How~d D. Kauffuuan, Esquire JOHN GERARD DEVLIff ~S AK~OCIATES, PC. John O~atd Deviln, l~iutre Atty. I.D. #32858 ~ D. I~~vm*~. E~qli~re Atty. I.D. 4*38963 100 Pine Street/Suite 260 ~ PA 17101 17171 72~0700 NATIONW-IDE MUTUAL INSURANCE A/S/O James M~ I-Iarnish JAMES M. HARNISH Plaintiff JAMES D. TOMLINSON and PACIFIC BUSIN-ESS CONNECTIONS and CARDINAL FREIGHT CARRIERS, INC., GARY ALLAN JENSEN and SABINO LANDAVERDE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 01-07-Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ~.~CER TIFICA TE O F SERVICE AND NOW, this ~_~_ aYd of March, 2002, I, Howard D. Kauffman, Esquire, counsel for Defendant, affirm that I served the foregoing Defendants, Pacifw Business Connections and Sabino Landaverde's Answer with New Matter to Plaintiffs Complaint Pursuant to PA. I~CP. 2252(d) by depositing same in thc United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: E. Alfred Smith, Esquire E. ALFRED SMITH & ASSOCIATES 1333 Race Street, 2nd Floor Philadelphia, PA 19107 Counsel for Plaintiff Thomas Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Counsel for Defendants Cardinal Freight & Gary Allan Jansen James D. Toml'mson 8011 Cooke Road Elkins Park, PA 19027 VERIFICATION I, ~t~e I ~. /c4 c ~o~o ~ II ,aRepresentativeofPacificBusiness Connections, verifies that the facts set forth in the foregoing Defendants' Answer with New Matter to Plaintiff's Complaint pursuant to Pa. R. GP. 2252(d) are true and correct to the best of his/her knowledge, information and belief and understands that statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to Unsworn Falsification to Authorities. Dated: Cmrdiaal Freight (Natiomwlde) E. ALFRED SMITH & ASSOCIATES E. Alfred Smith, Esquire Identification No. 03291 1333 Race Street, 2nd Floor Philadelphia, PA 19107 (215) 569-8422 NATIONWIDE MUTUAL INS~CE CO. A/S/O James M. Harnish P. O. Box 2655 Harrisburg, PA 17105 and JAMES M. HARNISH 14144 Fairview Road Clear Spring, MD 21722 Plaintiff Vo JAMES D. TOMLINSON 8011 Cooke Road Elkins Park, PA 19027 and PACIFIC BUSINESS CONNECTIONS 601 S. Hunts Lane Colton, CA 92324 and CARDINAL FREIGHT CARRIERS, INC. Van Dam Road-Bldg. 8C3 South Holland, IL 60473 and GARY ALLAN JENSEN 150 E. Washington Street Lake Helen, FL 32744 and SABINO LANDAVERDE 16710 Erie Avenue Artesia, CA 90701 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW 01-07 - CIVIL TERM JURY TRIAL DEMANDED Plaintiffs reply to Defendants, Pacific Business Connections and Sabino Landaverde's New Matter as follows: 15-20. Denied. The allegations in Paragraphs 15 to 20 of Defendants' New Matter are conclusions of law to which no answer is required and they are accordingly denied. WHEREFORE, Plaintiffs demand the relief sought in their Complaint. E. ALFRED SMITH & ASSOCIATES E.tAlfred Smith Attorney for Plaintiffs Nationwide Mutual Insurance Co. James M. Harnish The undersigned hereby certifies that he has, on this date, caused a true and correct copy of Plaintiff's Reply to Defendants Pacific Business Connections and Sabino Landaverde's New Matter to be served by first class mail, postage prepaid, on the date listed below upon the following parties or counsel of record: Howard D. Kauffman, Esquire John Gerard Devlin & Associates, 100 Pine Street, Suite 260 Harrisburg, PA 17101 Attorney for Defendants Pacific Business Connections and Sabino Landaverde Thomas E. Goldberg, 320 Market Street - P. O. Box 1268 Harrisburg, PA 17108-1268 Counsel for Defendants Cardinal Freight Carriers, Inc. Gary Allan Brenner, Esquire Katzman & Shipman, P.C. George B. Faller, Esquire Martson Deardoff Williams & Otto Ten East High Street Carlisle, PA 17013 Counsel for Defendant James D. Tomlinson EA~i~iffs Nationwide Mutual Insurance James M. Harnish Co. The averments or denials of facts contained in the foregoing pleading are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3/~/~ GOLDBEKO, KATZMAN & SHIPMAN, P.C. Thomas E. Briner - #32085 Attom~s for D~fe~dants 320 Market Street Post Offic~ Box 1268 Han. isburg, penusylvama 17108-1265 (717) 234-4161 NATIONWIDE MUTUAL INSURANCE : IN THE COURT OF COMMON PLEAS CO. A/S/O James M. Harnish and JAMES M. HARNISH Plaintiffs OF CUMBERLAND COUNTY : No. 01-07 - Civil Term JAMES D. TOMLINSON, : PACIFIC BUSINESS CONNECTIONS, : CARDINAL FREIGHT CARRIERS, INC.: GARY ALLAN JANSEN and SABINO : LANDAVERDE : Defendants : CIVIL ACTION - LAW REPLY OF DEFENDANTS CARDINAL FREIGHT CARRIERS, INC. AND GARY ALLAN JANSEN TO CROSS CLAIM AND NOW, come Defendants Cardinal Freight and Jansen, by their attorneys, Goldberg, Katzman & Shipman, P.C. who state: 21. Denied. This paragraph states a legal conclusion to which no response is necessary. WItEREFORE, Defendants Cardinal Freight and Jensen request that the Plaintiffs cross-claim be dismissed with prejudice. Respectfully submitted, Thomas E. Brenner, Esquire Attorney I.D. #32085 P.O. Box 1268 Harrisburg PA 17108-1268 (717) 234-4161 Attorney for Defendants Cardinal Freight Carriers, Inc. and Gary Allan Jansen 2 ~ERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, pennsylvania, with first-class postage, prepaid, as follows: E Alfred Smith, Esquire 1333 Race Street, 2'd Floor Philadelphia, PA 19107 Howard D. Kauffman, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Stree% Suite 300 Harrisburg, PA 17101 George B. Failer, Jr., Esquire Mar~son DeardoffWilliams & Otto Ten East High Street Carlisle, PA 17013 Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney for Defend~ants Cardinal Freight Carriers, Inc. and Gary Allan Jansen I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Defendants Cardinal Freight Carders, Inc. and Gary Allan Jansen; that I have read the foregoing Answer; that there are no new facts of record cont__sine, d; and that the facts stated are tree 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. 4904, relating to nnswom falsification to authorities. ~. Brenner, Esquire NATIONWIDE MUTUAL INSURANCE : CO. A/S/O James M. Harnish and JAMES M. HARNISH Plaintiffs JAMES D. TOMLINSON, PACIFIC BUSINESS CONNECTIONS, CARDINAL FREIGHT CARRIERS, INC.: GARY ALLAN JANSEN and SABINO : LANDAVERDE : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 01-07 - Civil Term CIVIL ACTION - LAW NOTICE TO PLEAD TO: Nationwide Mutual Insurance Co. c/o E. Alfred Smith, Esquke 1333 Race Street, 2~ Floor Philadelphia, PA 19107 James Tomlinson c/o George B. Faller, Esq. Martson DeardorfWilliams & Otto Ten East High Street Carlisle, PA 17013 Pacific Business Connections and Sabino Landaverde c/o Howard D. Kauffinan, Esq. John Gerard Devlin & Assoc. 100 Pine Street, Suite 300 Harrisburg, PA 17101 You are hereby notified to plead to Defendants Gary Jansen and Cardinal Freight Carders, Inc.'s Answer with New Matter and Cross Claim within twenty (20) days from service hereof. By: GOLDBERG, KATZMAN & SHIPMAN, P.C. ~-homas E. Brenner, Esquire Atty. I.D. #32085 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Gary Jansen and Cardinal Freight Carriers, Inc. GOLDBERG, KATZlvlAIq &SHIPMAN, P.C. Thomas E. Brenner - #32085 Attorneys for Defendants 320 Market Street Post Office Box 1268 Hanisbarg, Pennsylvania 17108-1268 (717) 234-4161 NATIONWIDE MUTUAL INSURANCE: CO. A/S/O James M. Hamish and : JAMES M. HARNISH : Plaintiffs : JAMES D. TOMLINSON, : PACIFIC BUSINESS CONNECTIONS, CARDINAL FREIGHT CARRIERS, INC.: GARY ALLAN JANSEN and SABINO : LANDAVERDE Defendants IN THE COUKT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 01-07 - Civil Term CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND CROSS CLAIM OF DEFENDANTS GARY JANSEN AND CARDINAL FREIGHT CARRIERS, INC. AND NOW, come Gary A. Jansen and Cardinal Freight and Jansen, by their attorneys, Goldberg, Katzman & Shipman, P.C. who state: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied in part. The business office address of Cardinal Freight is 5333 Davidson Highway, Concord, North Carolina, 28027-8978. 6. Denied. The correct name of this defendant is Gary Jansen. He resides at 7157 Brushy Mountain Road, Moraview Falls, N.C. 28654. 7. Admitted. 8. Admitted. 9. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 10. Denied. It is denied that Defendants Cardinal Freight Carriers, Inc. and Gary Jansen were negligent. In further response, this paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 11. Denied. It is denied that Defendants Cardinal Freight Carders, Inc. and Gary Jansen were negligent. In further response, this paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 12. Denied. This paragraph states a legal conclusion to which no response is necessary. 13. Denied. It is denied that Defendants Cardinal Freight Carriers, Inc. and Gary Jansen were negligent. In further response, this paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 14. Denied. It is denied that Defendants Cardinal Freight Carders, Inc. and Gary Jansen were negligent. In further response, this paragraph is denied pursuant to Pa .R.C.P. 1029 (e). 2 WFIEREFORE, Defendants Cardinal Freight and Jansen request that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER DIRECTED TO PLAINTIFF 15. Plaintiff James M. Hamish was comparatively negligent under the circumstances. 16. Plaintiff James M. Hamish assumed the risk under the circumstances. 17. The accident described in the Complaint arose solely from the negligence of James D. Tomlinson. 18. Defendants Cardinal Freight and Ga_~ Jansen were confronted with a sudden emergency created by Defendant Tomlinson. WHEREFORE, Defendants Gary Jansen and Cardinal Freight Carriers, Inc. request that Plaintiff's Complaint be dismissed with prejudice. CROSS CLAIM PURSUANT TO PA. R.C.P. 2252(d) DIRECTED TO DEFENDANTS JAMES TOMLINSON, PACIFIC BUSINESS CONNECTIONS AND SABINO LANDAVERDE 19. The averments of paragraphs 1 - 14 are incorporated herein by reference. 20. If Plaintiff is entitled to recover against Defendants Jansen and Cardinal Freight, which is expressly denied, then Defendants Tomlinson, Pacific Business 3 Connections and Sabino Landerverde, are alone liable to Plainfff; or in the alternative, are liable over to Defendants Cardinal Freight and Oac¢ Jansen for contribution and/or indemnity on the Plaintiffs' claims; or in the altemalive, Defendants Tomlinson, Pacific Business Connections and Landaverde are jointly and/or severally liable on the Plaintiffs' claims. WHEREFORE, Defendants Gaxy Jansen and Cardinal Freight Carriers, Inc. demand judgment against Pacific Business Connections, Sabino Landaverde, and James D. Tomlinson, for all sums that may be adjudged against them in favor of the Plaintiff; in the alternative, the Defendants Gary Jansen and Cardinal Freight Carriers, Inc., demand judgment against Pacific Business Connections, Sabino Landaverde and James D. Tomlinson, for contribution and/or indemnity for the damages awarded to Plaintiff. Respectfully submitted, Thomas E. Brenner, Esquire Attorney I.D. #32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Gary Jansen and Cardinal Freight Carriers, Inc. 4 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Defendants Gary Jansen and Cardinal Freight Carriers, Inc.; I have read the foregoing Answer with New Matter and Cross Claim; 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. 4904, relating to unswom falsification to authorities. Thomas E. Brenner CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in thc manner indicated below, which scnrice satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: E Alfred Smith, Esquire 1333 Race Street, 2~a Floor Philadelphia, PA 19107 Howard D. Kauffinan, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Street, Suite 300 Harrisburg, PA 17101 William Douglas, Esq. Douglas, Douglas & Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 George B. Failer, Jr., Esquire Martson Deardorf Williams & Otto Ten East High Street Carlisle, PA 17013 Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~~~'~ E. ALFRED SMITH & ASSOCIATES E. Alfred Smith, Esquire Identification No. 03291 1333 Race Street, 2nd Floor Philadelphia, PA 19107 (215) 569-8422 Attorney for Plaintiff NATIONWIDE MUTUAL INSUP3uNCE CO. A/S/O James M. Harnish P. O. Box 2655 Harrisburg, PA 17105 and JAMES M. HARNISH 14144 Fairview Road Clear Spring, MD 21722 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - I.~.W 01-07 - CIVIL TERM o--O'RY TRIAL DEM~qDED JAMES D. TOMLINSON : 8011 Cooke Road : Elkins Park, PA 19027 : and : PACIFIC BUSINESS CONNECTIONS : 601 S. Hunts Lane : Colton, CA 92324 : and : CARDINAL FREIGHT CARRIERS, INC.: Van Dam Road-Bldg. 8C3 : South Holland, IL 60473 : and : GARY ALLAN JENSEN : 150 E. Washington Street : Lake Helen, FL 32744 : and : SABINO LANDAVERDE : 16710 Erie Avenue : Artesia, CA 90701 : Defendants : REPLY TO Nk"W MATT~.~ OF C_~INA~~ ~ ~N~ Plaintiff, replies to the New Matter of Defendants, Freight Carriers, Inc., as follows: 15-18. The averments in Paragraphs 15-18 of the New Matter Directed to Plaintiff are conclusions of law to which no reply is necessary, so they are accordingly denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff requests that the Court grant the relief sought in its Complaint. Nationwide Mutual Insurance Company, hereby Gary Jansen and Cardinal E. ALFRED SMITH & ASSOCIATES 1333 Race Street, 2nd Floor Philadelphia, PA 19107 (215) 569-8422 Attorney for Plaintiff Nationwide Mutual Insurance Co. The undersigned hereby certifies that he has, on this date, caused a true and correct copy of Plaintiff's Reply to Defendants Gary Jensen and Cardinal Freight Carriers, Inc.'s New Matter to be served by first class mail, postage prepaid, on the date listed below upon the following parties or counsel of record: Howard D. Kauffman, Esquire John Gerard Devlin & Associates, 100 Pine Street, Suite 260 Harrisburg, PA 17101 Attorney for Defendants Pacific Business Connections and Sabino Landaverde Thomas E. Goldberg, 320 Market Street - P. O. Harrisburg, PA 17108-1268 Counsel for Defendants Cardinal Freight Carriers, Gary Allan Jensen Brenner, Esquire Katzman & Shipman, P.C. Box 1268 Inc. George B. Faller, Esquire Martson Deardoff Williams & Otto Ten East High Street Carlisle, PA 17013 Counsel for Defendant James D. Tomlinson Nationwide Mutual Insurance Co. James M. Harnish The averments or denials of facts contained in the foregoing pleading are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. JOHN GERARD DE VLIN & ASSOCIATES, P.C. 1 O0 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 (Phone) (717) 236-9080 (Fax) Joh,~ Gerard Dev!in, Esquire Atty. I.D. #32558 H~,ward D. Kauffmam Esquire Atty. I.D. #38963 C. william Shilling, Esquire Atty. I.D. #46995 Counsel For: Defendants Pacific Business Connections & Sabino Landaverde NATIONWIDE MUTUAL INSURANCE A/S/O James M. Harnish and JAMES M. HARNISH Plaintiff JAMES D. TOMLINSON and : PACIFIC BUSINESS CONNECTIONS : and : CARDINAL FREIGHT CARRIERS, INC., : and : GARY ALLAN JANSEN : and : SABINO LANDAVERDE, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 01-07-Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED : : DEFENDANTt PACIFIC BUSINESS CONNECTIONS AND SABINO LANDA VERDE'S REPLY TO CROSSCLAIM OF DEFENDANTSt GARY JANSEN AND CARDINAL FREIGHT CARRIERS~ INC. 19. Answering Defendants incorporate by reference their responses to paragraphs 1 - 14 as if more fully set forth herein at length. 20. Denied. The averments of this paragraph contain conclusions of law to which no response is required. To the extent that any response is required, Answering Defendant asserts that they acted reasonably and prudently under the circumstances and were not negligent in any manner whatsoever. WHEREFORE, Defendant denies that Plaintiffs are entitled to judgment against the Defendant in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered in Defendant's favor and against the plaintiffs and for its costs and fees and for such other relief as thc Court deems appropriate. DEFENDANT DEMANDS TRIAL BY JURY. Respectfully submitted, JOHN GERARD DEVLIN & ASSOCIATES, P. C. BY: JOHN GERARD DEVLIN &ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 (Phone) (717) 236-9080 (Fax) John Gerard Devlln, Esquire Atty. LD. #32858 ~o~a,d D. ~a~tfm~,., E~qu;,~ Atty. LD. #38963 C. william shilling, Esquire Atty. LD. #46995 Counsel For: Defendants Pacific Business Connections & Sabino Landaverde NATIONWIDE MUTUAL INSURANCE A/S/O James M. Harnish and JAMES M. HARNISH Plaintiff JAMES D. TOMLINSON and PACIFIC BUSINESS CONNECTIONS and CARDINAL FREIGHT CARRIE~RS, INC., and GARY ALLAN JANSEN SABINO LANDAVERDE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 01-07-Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CER TIFICA TE OF SER VICE AND NOW, this ~9 day of May, 2002, I, Howard D. Kal, finch, Esquire, counsel for Defendant, that I served the foregoing Defendants, Pacific Business Connections and Sabino Landaverde's Reply to Crossclaim of Defendant, Gary Allan Jansen by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: E. Alfred Smith, Esquire E. ALFRED SMITH & ASSOCIATES 1333 Race Street, 2nd Floor Philadelphia, PA 19107 Counsel for Plaintiff Thomas Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 Counsel for Defendants Cardinal Freight & Gary Allan Jansen James D. Tomlinson 8011 Cooke Road Elkins Park, PA 19027 ow~ .~~~uffman,-~ H Esquire ATTORNEY VERIFICATION The undersigned hereby verifies that he is counsel for Defendants, Pacific Business Connections and Sabino Landaverde in the within matter and that the facts set forth in the foregoing Defendants, Pacific Business Connections and Sabino Landaverde's Reply to Crossclaim of Defendant, Gary Allan Jansen are true and correct to the best of his knowledge, information and belief and that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications. Dated: 5 / (c, / ~ ~ How~d~~mn,~Esquire F:\FILES~DATAFILE\Travd~c cur\672-rep 2/nlm Created: 05/14/02 03:49:08 PM Revised: 05/22/02 03:02:16 PM NATIONWIDE MUTUAL INSURANCE : CO. A/S/O James Hamish and : JAMES M. HARNISH, : Plaintiff : .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-07 CIVIL ACTION-LAW JAMES D. TOMLINSON, PACIFIC BUSINESS CONNECTIONS, CARDINAL FREIGHT CARRIERS, INC., GARY : ALLAN JANSEN and SABINO : LANDAVERDE, : Defendants : JURY TRIAL OF TWELVE DEMANDED DEFENDANT JAMES D. TOMLINSON'S REPLY TO CROSSCLAIM OF DEFENDANT GARY JANSEN AND CARDINAL FREIGHT CARRIERS, INC. 19. The averment of Defendant Tomlinson's Answer with New Matter and Crossclaim are hereby incorporated by reference. 20. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, James D. Tomlinson demands judgment in his favor and dismissal of the crossclaims against him with prejudice. Date: Nay 28, 2002 MARTSON DEARDORFF WILLIAMS & OTTO Geo~ B. Faller, Jr., l~sq~re I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant James D. Tomlinson CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Defendant James D. Tomlinson's Reply to Crossclaim of Defendant Gary Jansen and Cardinal Freight Carriers, Inc. was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: E. Alfred Smith, Esquire 1333 Race Street, 2nd Floor Philadelphia, PA 19107 Howard D. Kauffman, Esquire JOHN GERARD DEVLIN & ASSOCIATES I00 Pine Street, Suite 300 Harrisburg, PA 17101 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 William Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO JodfL.~oor~ ~r~t High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 28, 2002 F:~FILES~DATAFILE\Travdeccur\672-repl/nlm Created: 05/14/02 03:49:08 PM Revised: 05124/02 03:18:36 PM 3090 672 NATIONWIDE MUTUAL INSURANCE : CO. A/S/O James Hamish and : JAMES M. HARNISH, : Plaintiff : JAMES D. TOMLINSON, PACIFIC BUSINESS CONNECTIONS, CARDINAL FREIGHT C,MCRIERS, INC., GARY ALLAN JANSEN and SABINO LANDAVERDE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-07 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED DEFENDANT JAMES D. TOMLINSON'S REPLY TO CROSSCLAIM OF DEFENDANT PACIFIC BUSINESS CONNECTIONS, INC. AND SABINO LANDAVERDE The averments of Defendant Tomlinson's Answer with New Matter and Crossclaim are hereby incorporated by reference. 21. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, James D. Tomlinson demands judgment in his favor and dismissal of the crossclaims against him with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO iG. ;°. ~21~ eFral41~'lJ3r ' ' ~E s quir ~ /x Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant James D. Tomlinson Date: May 28, 2002 CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Defendant James D. Tomlinson's Reply to Crossclaim of Defendant Pacific Business Connections and Sabino Landaverde was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: E. Alfred Smith, Esquire 1333 Race Street, 2nd Floor Philadelphia, PA 19107 Howard D. Kauffraan, Esquire JOHN GERARD DEVLIN & ASSOCIATES 100 Pine Street, Suite 300 Harrisburg, PA 17101 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 William Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Jody L.'l~l/~e t Ten ~st~High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 28, 2002 F:~ILESX, DATAFILE\Travdoc,cu~672-ansl/nlm Creatod: 05114/02 02;57;40 PM Revised: 05/22/02 02:53:18 PM 3090672 NATIONWIDE MUTUAL INSURANCE : CO. A/S/O James Hamish and : JAMES M. HARNISH, : Plaintiff : Vo JAMES D. TOMLINSON, PACIFIC BUSINESS CONNECTIONS, CARDINAL FREIGHT CARRIERS, INC., GARY ALLAN JANSEN and SABINO LANDAVERDE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-07 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED DEFENDANT JAMES D. TOMLINSON'S ANSWER WITI4 AND CROSSCLAIM TO PLAINTIFFS' COMP[ NEW MATTER AINT TO: NATIONWIDE MUTUAL INSURANCE CO., A/S/O JAMES HARNISH, Plaintiffs, and their attorney, E. ALFRED SMITH, ESQUIRE; PACIFIC BUSINESS CONNECTIONS and SABINO LANI~AVERDE, Defendants, and their attorney, HOWARD D. KAUFFMAN, ESQUIRE;] AND CARDINAL FREIGHT CARRIERS, INC. and GARY ALLAN JANSEN, Defendants, and their attorney, THOMAS E. BRENNER, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND CROSSCLAIM WITHIN TWE~NTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1-2. After reasonable investigation, Answering Defendant ~s without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs. The aVerments arc therefore deemed denied and proof is demanded. 3. Admitted. 4-8. After reasonable investigation, Answering Defendant ~s without knowledge or information sufficient to form a belief as to the truth or falsity of the ave ~ments contained in these paragraphs. The avem~ents arc therefore deemed denied and proof is de manded. 9. Admitted in part and denied in part. It is admitted Answering Defendant was operating a van north of Interstate 81 in Cumberland County on January 2, 1999. All other averments in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 10-11. Denied pursuant to Pa. R.C.P. 1029(e). 12. After reasonable investigation, Answering Defendant {s without knowledge or information sufficient to form a belief as to the troth or falsity of the averments contained in this paragraph. The averments are therefore deemed denied and proof is demanded. 13-14. Denied pursuant to Pa. R.C.P. 1029(e). , WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiffs' Complaint with prejudice. NEW MATTER The averments of paragraphs 1 through 14 of this Answer are incorporated herein by 15. reference. 16. Plaintiffs' claims are barred by the applicable statute of llmitations. 17. Plaintiffs' recovery is barred or reduced by the Pennsylvani~ Motor Vehicle Financial Responsibility Law as amended. 18. Plaintiffs' or their representatives chose the limited tort !option by signing a valid selection form. 19. Plaintiffs' injuries do not involve death, serious impairment of bodily function or permanent disfigurement. WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiffs' Complaint with prejudice. NEW MATTER PURSUANT TO PA. R.C.P. 22~2(d) 20. The averments of Plaintiffs' Complaint, which avermeflts have been specifically denied, are hereby incorporated for the limited purpose of this crossclaim. 21. If Plaintiffs are entitled to recover from any party which is expressly denied, then Defendants Pacific Business Connection, Cardinal Freight Carders, In4., Gary Allan Jensen, and Sabino Landaverde, are alone liable to Plaintiffs or liable over to Defendant James E. Tomlinson by way of contnbutmn and/or lndemmty or are jointly and/or severally hable to Defendant Tomlinson on a count of their own negligence or other liability producing conduct aS alleged in the pleadings. 22. If Defendant Tomlinson is found liable to Plaintiffs, which liability is expressly denied, its liability is secondary and passive to the liability of Defendants Pacific Business Connection, Cardinal Freight Carriers, Inc., Gary Allan Jensen, and S~tbino Landaverde, whose liability is primary and active, i WHEREFORE, Defendant James D. Tomlinson demands judgment against Defendants Pacific Business Connection, Cardinal Freight Carriers, Inc., Gary P~llan Jensen, and Sabino Landaverde, for all sums that may be adjudged against Defendant Tomliason in favor of Plaintiffs; and in the alternative, Defendant Tomlinson demands judgment against D~fendants Pacific Business Connection, Cardinal Freight Carriers, Inc., Gary Allan Jensen, andl Sabino Landaverde, for contribution and/or indemnity for the appropriate part of the amount of d~trnages and costs awarded to Plaintiffs, if any. MARTSON DEARDORFF WILLIAMS & OTTO By ~ ~~4 ~ George B. Faller, Jr., E~q~'u~e ~/,/] ! I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendan~ James D. Tomlinson Date:~t~, ~ ag~,R~ VERIFICATION The foregoing Defendant James D. Tomlinson's Answer with New Matter and Crossclaim to Plaintiffs' Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information ~vhich I have given to my counsel, it is true and correct to the best of my knowledge, information anal belief. To the extent that the content of the document is that of counsel, I have relied upon counsel ih making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that i~ I make knowingly false averments, I may be subject to criminal penalties. J~ D. Tomlinson F 5FI LES~DATAFILE\Travdoc.cur\672-ans. 1 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent of Martson Deardorff'Williams & Otto, hereby certify that a copy of the foregoing Defendant James D. Tomlinson's AnSwer with New Matter and Crossclaim to Plaintiffs' Complaint was served this date by depositing Lame in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: E. Alfred Smith, Esquire 1333 Race Street, 2nd Floor Philadelphia, PA 19107 Howard D. Kauffman, Esquire JOHN GERARD DEVLIN & ASSOCIATES I 100 Pine Street, Suite 300 Harrisburg, PA 17101 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 William Douglas, Esquire DOUGLAS, DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost ~/~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 · lqO. 00-B319 : GAKY A. iAblSEN, cARDINAL FgEIGI~, et cARDINAL FKEIOI-IT CARRIEP-S, INC. and OAKY ALLAlq ]AI~SEIq and lAMES D. : TOMI,INSON Defendants ~ ..,,~,,~ r~iSUP~NCE ~ OF cUMBERLAND COUNTY CO. A/S/O ;ames M. Harnish . ]AMESlVi. Vu~L'NISH pla'tariffs :. NO. 01.0-/-CivilTerm J V. ;AMES D. ToMLINSOlq, et al. Defendants ~ AlU) Plaintiffs a cUMBERLAND COUNTY : 00-612 - Civil Term · NO. ¥. PACIFIC BUSINESS CONNECTIONS, INC. et al. : AND NOW, come the Parties by their counsel, who agree to the consolidation these matters for purposes of Discovery and Trial. · C~BEP. LANq) COUNTY .. : NO. 00.$-/26Ci~ilTenu .. CARDIlqAL FILEIOI'C CAp. P~ILS, INC., OAK( ALLElq ~AlqSElq and ]A.MFeS D. TOMLINSOlq · as Subrol~ of pacific Business Connection, et al. Date: E Alfred Smith, Esquire Attorney for Nationwide Insurance Date: How~,~'D. Kau~nan, Esquire Att(~mey for Pacific Business Connections, Inc., Pacific Business Connections and Sabino Landaverde William Douglas, Esquire Attorney for James M. HarnisB~et al. Date: © [7%v'& GeorgeB. Falt(~} Jr., gsquire (I Attorney for James D. Tomlin'~on Date: Thomas E. Brenner, Esquire Attorney for Cardinal Freight Carriers, Inc. and Gary Allen Jansen ~ GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner ~ #32085 Attorneys for Defendants 320 Market Street Post Office Box 1268 Harrisburg, Pennsylvania 17108-1268 (717) 2344161 NATIONWIDE MUTUAL INSURANCE : CO. A/S/O James M. Hamish and JAMES M. HARNISH Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Vo JAMES D. TOMLINSON, PACIFIC BUSINESS CONNECTIONS, CARDINAL FREIGHT CARRIERS, INC.: GARY ALLAN JANSEN and SABINO : LANDAVERDE Defendants : No. 01-07 - Civil Teim CIVIL ACTION - LAW REPLY TO CROSS CLAIM OF DEFENDANT TOMLINSON BY DEFENDANT CARDINAL FREIGHT CARRIERS, INC. AND GARY ALLAN JANSEN. AND NOW, comes Defendants Cardinal Freight Carders, Inc. and Gary Allen Jansen by their attorneys, Goldberg, Katzman & Shipman, P.C. who state: 20. The Answers of Defendant Cardinal Freight and Jansen, to the Plaintiff's Complaint, are incorporated herein by reference. 21. Denied. This paragraph states a legal conclusion to which no response is necessaly. 22. Denied. This paragraph states a legal conclusion to which no response is necessary. WHEREFORE, Defendants Cardinal Freight Carriers, Inc. and Gary Allan Jansen request that the Cross Claim of Defendant James D. Tomlinson be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN Thomas E. Brenner, Esquire Attorney I.D. #32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Gary Jansen and Cardinal Freight Carders, Inc. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: E Alfred Smith, Esquire 1333 Race Street, 2nd Floor Philadelphia, PA 19107 Howard D. Kauffman, Esquire John Gerard Devlin & Associates, P.C. 100 Pine Street, Suite 300 Harrisburg, PA 17101 William Douglas, Esq. Douglas, Douglas & Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013-0261 George B. Faller, Jr., Esq. Martson DeardorfWilliams & Otto Ten East High Street Carlisle, PA 17013 Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Defendants Cardinal Freight Line Carriers, Inc. and Gary Allan Jansen; that I have read the foregoing Reply to Cross Claim; that there are no new facts of record contained in the within Reply and that the facts stated therein are tree 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. 4904, relating to unswom falsification to authorities. Thomas E. Brenner, Esq. E. ALFRED SMITH & ASSOCIATES E. Alfred Smith, Esquire Identification No. 03291 1333 Race Street, 2nd Floor Philadelphia, PA 19107 (215) 569-8422 NATIONWIDE MUTUAL INSD-R3%NCE CO.: A/S/O James M. Harnish : P. O. Box 2655 Harrisburg, PA 17105 and JAMES M. HARNISH 14144 Fairview Road Clear Spring, MD 21722 Plaintiff Vo JAMES D. TOMLINSON 8011 Cooke Road Elkins Park, PA 19027 and PACIFIC BUSINESS CONNECTIONS 601 S. Hunts Lane Colton, CA 92324 and CARDINAL FREIGHT CARRIERS, INC.: Van Dam Road-Bldg. 8C3 : South Holland, IL 60473 : and : GARY ALLAN JENSEN : 150 E. Washington Street : Lake Helen, FL 32744 : and : SABINO LANDAVERDE : 16710 Erie Avenue : Artesia, CA 90701 : Defendants : : Attorney for COURT OF COMM CUMBERLAND CO1 CIVIL ACTION 01-07 CIVIL JURY TRIAL DE] ?laintiff )N PLEAS /NTY, PA LAW TERM 4ANDED Plafntfffs' Reply to~~efen~-t J~ Plaintiffs, Nationwide Mutual Insurance Co. Harnish, herewith reply to the New Matter of Def, Tomlinson, as follows: 15-19. Denied. The averments in Pars. 1 Defendant's New Matter are conclusions of law to response is necessary, so they are therefore den WHEREFORE, Plaintiffs requests that they be relief requested in their Complaint. E. ~.~/D SMITH & 1333 Race Street, Philadelphia, PA 1 (215) 569-8422 Attorney for Plain ~es D. Tomllnson and James M. :ndant, James D. 5-19 of which no ted. granted the %SSOCIATES ~nd Floor 7107 :iffs The undersigned hereby certifies that he ha, caused a true and correct copy of Plaintiff's Re James M. Tomlinson's New Matter to be served by postage prepaid, on the date listed below upon parties or counsel of record: Howard D. Kauffman, Esquire John Gerard Devlin & Associates, 100 Pine Street, Suite 260 Harrisburg, PA 17101 Attorney for Defendants Pacific Business Connections and Sabino Landaverde Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Counsel for Defendants Cardinal Freight Carriers, Inc. Gary Allan Jensen George B. Faller, Esquire Martson Deardoff Williams & Otto Ten East High Street Carlisle, PA 17013 Counsel for Defendant James D. Tomlinson E~/~~A~~th~. Attorney for Plain Nationwide Mutual James M. Harnish ~, on this date, )ly to Defendant ~irst class mail, %e following 2iffs £nsurance Co. The averments or denials of facts contained pleading are true based upon the signer's person information and belief. If the foregoing contai which are inconsistent in fact, signer has been reasonable investigation, to ascertain which of averments are true, but signer has knowledge or sufficient to form a belief that one of them is verification is made subject to the penalties oi relating to unsworn falsification to authorities in the foregoing ~1 knowledge or is averments ~nable, after 2he inconsistent information ~rue. This 18 Pa.C.S. §4904 NATIONWIDE MUTUAL INSURANCE: IN THE COURT OF COMMON PLEAS CO. A/S/O James M. Harnish : CUMBERLAND COUNTY JAMES M. HARNISH JAMES D. TOML1NSON, et al., : NO.: 01-07 - Civil Term : JURY TRIAL DEMANDED PRAECIPE TO SETTI,E~ DISCONTINUE & END TO THE PROTHONOTARY: Kindly mark thc above-captioned matter as Settled, Discontinued and Ended with Prejudice. Respectfully submitted, E. Alfred Smith, Esquire JOHN GERARD DEVLIN & ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 By: John Gerard Dcvlin, Esquire I.D. #32858 Howard D. Kauffman, Esquire LD. #38963 Our File No.: 488-18672-HDK/h NATIONWIDE MUTUAL INSRUANCE: IN THE COURT OF COMMON PLEAS CO. A/S/O James M. Harnish : CUMBERLAND COUNTY JAMES M. HARNISH Ye JAMES D. TOMLINSON, et al., : NO.: 01-07 - Civil Term : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6th day of January, 2003, I, Howard D. Kauffrnan, Esquire of the Law Offices of John Gerard Devlin & Associates, P. C., counsel for Defendant, Pacific Business Connections affirm that I served the foregoing Praecipe to Settle, Discontinue and End by depositing same in thc United States Mail, postage prepaid in Harrisburg, Pennsylvania addres~d to: Thomas Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 George Faller, Esquire Ten East High Street Carlisle, PA 17013 E. Alfred Smith, Esquire 1333 Race Street, 2nd Floor Philadelphia, PA 19107 JOHN GERARD DEVLIN & ASSOCIATES, P.C. HOW~D. ~KAUFFMAN, ESQUIRE