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Home My WebLink About95-04908 ~ z . - ~ ~ j ). . ;;# j v --- - "z /1 ,0 f: c.. ~ J if .. J .~ l Do o ~ .~ o --I , IR - s: Q... .... In N -::r - . ~ ~ ~~ c';j; ~~J:7~ U:&T__ .r. '::'Oc.J..~ i... -r t:'l~' ("),. r . ..: :"- tS .- It ~1 C\~ ..... ~ ~. ~') ~ ~ ~ <l ........ ~ ~ [)l' "-N I . ow 0<"(" '" " ,MORRI' '0' '.o.''''MQ ~ ftII1ECK5CHER N' ~Uff[T P .......".uAc., ~ 0 ISOJIl 100,) I ,roe '00,) .. J~~) THE JACKSONVILLE CONSTRUCTION COMPANY, INC., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA /(' I J : I ('I ( '-....Jl \ NO. y~5 VtjvJ I\~ UNITED STATIONERS, INC. and RYDER TRUCK RENTAL, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO: UNITED STATIONERS, INC. and RYDER TRUCK RENTAL. INC. 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 Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCB. Ir YOU DO NOT HAVE A LAWYBR OR CANNOT AlFORD ONE. GO TO OR TBLBPHONE THE OPFICB SIT FORTH BBLOW TO FIND OUT WHERE YOU CAN GET LEGAL HBLP. Office of the Court Administrator Fourth Floor Cumberland County Courthouse Carlisle. PA 17013 (717) 240,6200 AVISO USTED HA SIOO OEMANOADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siquientes, de be tomar accion dentro de viente (20) dias a partir de la fecha en que recibio la demand y el aviso. Usted debe presentar comparecencia escrita en persona 0 po abogado y presentar en la Corte por escrito sus defensas 0 sue objectione alas demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin uste y la Corte puede decidir en su contra sin mas aviso 0 notificacion po cualquier dinero reclamada en la demanda 0 por cualquier otra quej a compensacion reclamados por el Demandante. USTED PUBDE PERDER DINERO, PROPIENDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLBVE ESTA DEMANDA A UN ABOGADO IMEDIATAMENTE. SI USTED NO TIENE NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRIT ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTBNCIA LEGAL. Office of the Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AMBRICANS ~TH DISABILITIES ACT OP 1990 The Court of Common Pleas of Cumberland County, Pennsylvania is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the Court Administrator at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the scheduled conference or hearing. You must attend Pau can a , Esq. At rney I.D. No. 75733 DU E, MORRIS & HECKSCHER 30 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5S29 Dated: September 1, 1995 THE JACKSONVILLE CONSTRUCTION COMPANY, INC., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. UNITED STATIONERS, INC. and RYDER TRUCK RENTAL, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, The Jacksonville Construction Company, Inc., is a corporation organized and existing under the laws of the State of Maryland, maintaining an address at P.O. Box 96, 14605 York Road, Phoenix, Baltimore County, Maryland 21131. 2. Defendant United Stationers, Inc. is believed to be a corporation organized and existing pursuant to the laws of the State of Maryland. The said United Stationers, Inc. maintains a place of business at 7441 Candlewood Road, Hanover, Maryland 21076- 3102. 3. Defendant Ryder Truck Rental, Inc. is believed to be a corporation organized and existing under the laws of the State of Florida. The said Ryder Truck Rental, Inc, maintains a place of business at P.O. Box 4600, Hialeah, Florida 33014, 4. On January 20, 1994, Defendant Ryder Truck Rental, Inc, was the owner of a truck bearing Tennessee tags K-58581, which on such date had been leased to and operated by Defendant United Stationers, Inc. 5, Prior to 1:02 a,m. January 20, 1994, the said truck owned by Defendant Ryder Truck Rental. Inc, and leased to and operat ed by Defendant United Stationers, Inc, was abandoned in the riqht lane of Interstate Route 83 heading south approximately two-tenths of a mile west of S.R. 581 in Lemoyne Borough, Cumberland County, Pennsylvania, without flares, lights, reflectors, flags or other warnings of any kind, and remained abandoned without flares, lights, reflectors, flags or other warnings of any kind at 10:20 p.m. January 20, 1994. 6. On January 20, 1994, at or about 10:20 p.m. at or near a point two-tenths of a mile west of S.R. 581 in Lemoyne Borough, Cumberland County, Pennsylvania a 1992 Ford Bronco owned by Plaintiff, The Jacksonville Construction Company, Inc" P.O. Box 96, 14605 York Road, Phoenix, Maryland 21131, was being operated in a southerly direction on Interstate Route 83 by Timothy W. Gracey, 14510 Green Road, Baltimore, Maryland 21013. 7. As the 1992 Ford Bronco operated by Timothy W. Gracey proceeded southwardly on Interstate Route 83, it suddenly came upon the said truck owned by Defendant Ryder Truck Rental, Inc., which truck was totally concealed by snow, without any warning to Timothy W. Gracey by either flares, lights, reflectors, flags or other warnings of any kind of its presence. 8. As Timothy W. Gracey approached the Defendants' truck, he had to swerve to avoid colliding with it. The swerving action caused the Ford Bronco operated by him to slide and/or weave over the road on ice, As a result of such sliding and/or weaving, the said Ford Bronco entered into one of the left-hand lanes of 6ou~hbound Interstate Route 83 where it was struck by a tractor- ,2- trailer owned by Allied Signal Transportation and operated by Richard A. Horton. 9. The aforesaid collision and the damages sustained by Plaintiff resulted from the negligence of the Defendants in that: (a) The vehicle of the Defendants wan negligently equipped and/or maintained so as to b~eak down and fail to operate properly, to the end that it stopped running and was abandoned upon till! traveling portion of Interstate Route 83; (b) Defendants abandoned their truck on the t~avelable surface of Interstate Route 83 without flaren 01 any other warnings to oncoming motoristn and permitted their vehicle to remain so i1bilndoned without flares or any other wal'nings to~ over 1" hours without either removing their vehicle t~om the travelable portion of Interstate Route 83 01 setting flares or other warning devices so ..HI to warn travelers of the danger presented by theu abandoned truck; (c) Defendants failed to display po~tablp warnIng devices as required by 75 Pa. C.S,A. ~ 4~30(b); (d) Defendants failed to maintain unobstructed simultaneous flashing signala "H) required by 75 Pa, C.S.A, S 4305(a), and; (e) Defendants, United Stilt.lun"ltI, In,', .1Ild/or Ryde~ Truck Rental, Inc" t,lller! to r"m(lv,' the t~uck , l after being contacted by the Pennsylvania State Police to do so. 10. As a result of the aforesaid collision caused by the negligence of Defendants, the 1992 Ford Bronco owned by Plaintiff was damaged and rendered undriveable, causing damages to the Plaintiff in the amount of $8,433.05. WHEREFORE, Plaintiff, The Jacksonville Construction Company, Inc., demands judgment against the Defendants in the amount of $8,433.05, together with interest from January 20, 1994, plus costs of suit and such other and further relief as the Court may deem just and proper. Pa 1 E. S n an, Esq. At orney I.D. No. 75733 DU ,MORRIS & HECKSCHER 30 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5529 Attorneys for Plaintiff Dated: September I, 1995 -4- V E RIP I CAT I 0 N I, DEAN W. AYRES, hereby depose and state that I am President of The Jacksonville Construction Company, Inc., Plaintiff in this case; that I am authorized to make this Verification on behalf of the corporation; and that the facts set forth in the foregoing Complaint are true and correct to the best of my information, knowledge or belief. This statement is made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. Dated: 9//9 ) , , ~ - >-... ~t: ..." 1.I.J..') ...:' ~J U.z .:. J: ~t..,J.;: .... 7.,::"~ r;; >. ~..."" ,<" :?;.r ..j~ ':".~: ,.~ '" :;t.;. :II: ~ "" 11> (V) co C'ooI .... ... V> "t . . . . l"-\IlII (),r'(fll, (,r [)1':\NI ~1l)RRI\ M 1111 t\\( IfER '0'" ""lOATt't .ttO~~1 '-.lHII' p,,-) 80" '00.1 . THE JACKSONVILLE CONSTRUCTION COMPANY, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW UNITED STATIONERS, INC. and RYDER TRUCK RENTAL, INC., Defendants NO. 95-4908 JURY TRIAL DEMANDED APFIDAVIT OP SERVICE COMMONWEALTH OF PENNSYLVANIA) ss: COUNTY OF DAUPHIN I, Paul E. Scanlan, Esq., attorney for Plaintiff, The Jacksonville Construction Company, Inc., in the above-captioned matter, being duly sworn according to law, depose and say that a copy of the Complaint was served upon the following companies by depositing same in the United States mail, certified, restricted delivery, return receipt requested, at Harrisburg, Pennsylvania, on the 18th day of September, 1995: Ryder Truck Rental Inc. P.O. Box 4600 Hialeah, FL 33014 (Certified Article Number P 016 243 190) United Stationers Inc. 7441 Candlewood Road Hanover, MD 21076-3102 (Certified Article Number pau nlan, Esq. Att rney I,D, No, 75733 DUANE, MORRIS & HECKSCHER 305 North Front Street, 5th Floor P,O, Box 1003 Harrisburg, PA 17108-1003 (717) 237,5529 . ,. , , Sworn to and subscribed before me this 27th day of September, 1995. 'II.~ J? It.' 11, A ~ Not.6y p~ My Commission Expires: 3110/'8 I -,'. ----=:J ~ . . ., .". . . "; '.,' ,. -,-- I,,,t "":'" '., , ',,' ~, '.,~~ ... t . ComplIfI tttmt 1 .nd/Of 2 '0' .ddltioMl..rvk:... I . Complete f1,ma 3. end .. . b. . Pnnt your ftlmt ,nd .dd".. on lhe r.vI,., 0' thi. 'OIm 10 INt WI cln return tHI wd to you. I . AnKh ttM. tonn to.... front ollhl m"lIptect. or on the b.tt!. il 'Plce do.. not permU. -I . Writ. .....tum Receipt Requatlel" on the m~IP'tC. MIow the .rllell number . The Return "ecelpt will.how 10 whom the 'f1JCte WI' "'livered.oo the dall i deb.rld. Consul. altmaater for fee. I 3, Aniclo Add....od to, 40. Anlcle Number Ryder Truck Rental Inc. P 016 243 190 Ii P.O. Box 4600 4b. Service Type 8 0 Registered [J Insured Hialeah, FL 33014 Il!I Certified 0 COD o Exprell Meil 181 Return Receipt for , h i 7. Date of Deliver. I alia wish to ,eceive the following ..,vlcol (for en e.t,. j f..l: t 1, Il!I Add......'. Add.... ell S. ] ~ ~ 2. Il!I Re.trictod Dolivery l".l Inlured 6, Slgnllu.. lAgent) I ,; PS Form 3811. Doeember 1991 ~ .u.l. GPO: .____.714 III .Ii ! .2 2;' 5 [ 8. Add,essee'. Addr... COnly if reque.ted .. and fee is paidl l DOMESTIC RETURN RECEIPT . j . Complet...... 1 andJOf 2 tOt' Iddttionel MfVie... .-- -~'""'lo I. C__3,......ab, . ....... _. "'"" ...cI1ddrn, on the ,.veru 01 INs form 10 thlt w. ten mum d* card to you . . AtlIdt this form to 1he front ot 1he m~. or on .... bed It speuo doll not pIftNt. . . Write........." ReceiPt Reques1ed" on the rneiIpiece bMow 1he ertN;" f'NIT'ber ~ . The Retum ~ will u.ow 10 whom 1he .met. w.. deII'llefed.net the 411. g-, 13, Article Addrellod 10, United Stationers Inc. 7441 Candlewood Road Hanover, H~ 21076-3102 'J/) / /.V , 1.- two IAddt.._1 4b, Service e] Regilt Dll Cort,Iood [l Expre.. Mill j j I j LJ COD I I!!l Rllum RocOtpt 'Of I Me'chend'IIL__ II 7. Oa'l of q..tIVef'Y _ _ .- 1/-2/-> '\ i il,-A~" AddrellIOnlv" roqu;.lod i end 'oe ,. plldl ~ I allO wish to receive the 'oUawing ..rvices ('or an ..tr. foe), 1, HI Addrel_'. Addr... 2, ~ R..lnclod Delivery Consult tmatlr 'or ,... 4a, Anicle Number P 016 243 192 Ii, ",- .. .u-I. GPO; 1~_ 1. DOMESTIC RETURN RECEIPT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACKSONVILLE CONSTRUCTION COMPANY Plaintiff, No. 95-4908 v. UNITED STATIONERS, INC. AND RYDER TRUCK RENTAL, INC. Defendant. Civil Action - Law PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire and Ann Margaret Grab, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendants, United Stationers and Ryder Truck Rental, Inc., in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY I) Robert A. Lerman, Esq. Supreme Court I.D. No. 07490 BY ~ };) JJ ["- Ann Margaret Grab, Esq. Supreme Court I.D. No. 55986 Attorney for the Defendants 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Date: IU/31'1r CERTIFICATE OF SERVICE AND NOW, this 3rd day of October, 1995, I, Ann Margaret Grab, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Praecipoe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Paul E. Scanlan, Esq. Duane, Morris & Heckscher 305 North Front Street 5th Floor P.O.Box 1003 Harrisburg, PA 17108-1003 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: \.~)))hJ1 ANN M. GRAB, ESQUIRE " Attorney for Defendants Supreme Court I.D. # 55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 1hn7 ,.... ..., c:;> ~ - :G Cl.._ ;!. ,""l ,-- .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACKSONVILLE CONSTRUCTION COMPANY Plaintiff, No. 95-4908 v. UNITED STATIONERS, INC. AND RYDER TRUCK RENTAL, INC. Defendant. Civil Action - Law PRABCIPB FOR WRIT AND WRIT TO JOIN ADDITIONAL DEPENDANTS TO THE PROTHONOTARY OF SAID COURT: Issue writ to join the above-captioned case: Timothy W. Gracev. 21013 Counsel Counsel Lerman, Counsel Date: following as additional defendant(s) in the 14510 Road. Baldwin. Maryland Green for the Plaintiff for Defendant is: Esq. for the Aditional is: Paul E. Scanlan, Esq. Ann Margaret Grab, Esq. and Robert A. Defendant (if known and verified) is: /UIIK/'1f GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS OL-t4.. )n, /~ fA.... Ann Margaret Grab, Eq. 110 S. Northern Way York, PA 17402 Supreme Court I.D. No. 55986 Telephone Number: 757-7602 l!R!I TO: TIMOTHY W. GRACBY YOU ARE NOTIFIED THAT DEFENDANT UNITED STATIONERS AND RYDER TRUCK RENTAL HAS JOINED YOU AS AN ADDITIONAL DEFENDANT IN THIS ACTION, ~ICH YOU ARE REQUIRED TO DEFEND, Date: ( r' tllli.."- .!.-~ (yv [ Prothotl By: -" \t) ~ ~ 0, . '- .:~ '" ;"J co:> \....~ ,- L> c;.:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACKSONVILLE CONSTRUCTION COMPANY Plaintiff, No. 95-4908 v. UNITED STATIONERS, INC. AND RYDER TRUCK RENTAL, INC. Defendant. Civil Action - Law NOTICE TO PLEAD TO: Jacksonville Construction Company c/o Paul E. Scanlan, Esq. Duane, Morris & Heckscher 305 North Front Street 5th Floor P.O.Box 1003 Harrisburg, PA 17108-1003 You are hereby notified to file a written response to the enclosed New Matter and Crossclaim within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS () AlA':>>) NL"- Ann Margare~Grab, Esq. Supreme Court I.D. #55986 110 S. Northern Way York, PA 17402 Attorney for Defendants Telephone No. : (717) 757-7602 BY: a.m., January 20, 1994 the said truck owned by Defendant Ryder Truck Rental, Inc. and leased to and operated by Defendant United Stationers, Inc. was abandoned in the right lane of Interstate Route 83 heading south approximately two-tenths of a mile west of S.R. 581 in Lemoyne Borough, Cumberland County, Pennsylvania, without flares, lights, reflectors, flags or other warnings of any kind, and remained abandoned without flares, lights, reflectors, flags or any other warnings of any kind at 10:20 p.m. January 20, 1994. On the contrary, it is averred that at all times relevant hereto, answering Defendant, Ryder Truck Rental, Inc. and United Stationers Inc., acted carefully, lawfully and prudently with respect to all motor vehicles. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 6 of Plaintiff I s Complaint and same are denied and strict proof thereof demanded. 7. Denied. It is specifically denied that as the 1992 Ford Bronco operated by Timothy W. Gracey proceeded southwardly on Interstate 83, it suddenly came upon the said truck owned by Defendant Ryder Truck Rental, Inc., which truck was totally concealed by snow, without any warning to Timothy W. Gracey by either flares. lights, reflectors, flags or other warnings of any kind of its presence. On the contrary. it is averred that at all times relevant hereto. answering Defendant. Ryder Truck Rental, Inc. acted carefully, lawfully and prudently with respect to all of its motor vehicles. C. Defendants failed to display portable warning devices as required by 75 Pa.C.S.A. S4530(bJ; D. Defendants failed to maintain unobstructed simultaneous flashing signals as required by 75 Pa.C.S.A. S4305(a), and; 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 8 of Plaintiff I s Complaint and same are denied and strict proof thereof demanded. 9. Denied. It is specifically denied that the aforesaid collision and the damages sustained by Plaintiff resulted from the negligence of the Defendants in that: A. The vehicle of the Defendants was negligently equipped and/or maintained so as to break down and fail to operate properly, to the end that it stopped running and was abandoned upon the traveling portion of Interstate Route 83. B. Defendants abandoned their truck on the travelable surface of Interstate Route 83 without flares or any other warnings to oncoming motorists and permitted their vehicle to remain so abandoned without flares or any other warnings for over 19 hours without either removing their vehicle from the travelable portion of Interstate Route 83 or setting flares or other warning devices so as to warn travelers of the danger presented by their abandoned truck; E. Defendants. United Stat ioners, Inc. and/or Ryder Truck Rental, Inc. failed to remove the truck after being contacted by the Pennsylvania State Police to do so. On the contrary, it is averred that at all times relevant hereto, answering Defendants acted carefully, lawfully, prudently and in full compliance with the Pennsylvania Motor Vehicle Code. 10. Denied. It is specifically denied that the aforesaid collision was caused by the negligence of the Defendants. The remaining allegations of paragraph 10 are denied in that answering Defendant is without knowledge or information sufficient to form a belief as to the ~ruth or veracity of the allegations contained in paragraph 10 of Plaintiff's Complaint. WHEREFORE, Answering Defendants, Ryder Truck Rental Inc. and United Stationers demand judgment in their favor and against the Plaintiff together with interest and costs of suit. NBW MATTBR 11. Paragraphs 1 through 10 are incorporated herein as though fully set forth at length. 12. No act or failure to act on the part of Answering Defendants was a substantial factor in bringing about Plaintiff's alleged damages. 13. Plaintiff's claim fails to state a cause of action against Answering Defendants upon which relief can be granted. 14. Plaintiff's alleged damages were the result of the negligence of others over whom Answering Defendants have no legal responsibility or control. 15. The operator of the Ryder Truck leased to United Stationers, Inc was presented with a sudden emergency when his , I truck stalled on Interstate 83. 16. Plaintiff's alleged damages were the result of an act of God creating blizzard weather conditions over which answering Defendants had no control. WHEREFORE, the Defendant demands judgment in their favor and against the Plaintiff together with interest and costs of suit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY ~VU ~ Robert A. Lerman, Esq. Supreme Court I.D. No. ../ 07490 BY a tVi )1, h LA.. Ann Margaret GCab, Esq. Supreme Court I.D. No. 55986 Attorney for the Defendants 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 CERTIFICATE OF SERVICE AND NOW, this 31st day of October, 1995, I, Ann Margaret Grab, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Answer and New Matter by United States Mail, addressed to the party or attorney of record as follows: Paul E. Scanlan, Esq. Duane, Morris & Heckscher 305 North Front Street 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: la-ti--)J 1 }t LA... ANN M. GRAB,'ESQUIRE Attorney for Defendants Supreme Court I.D. # 55986 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 Ihvz ~ - >->- "'... ~~.. ~.t"l::J_ u%O;e \:.0""'.... k,.':r(")'.... 0+-;: . c...~~ oa:::..Jz wc...U;:.:.a: -:!Lo.l~.u .....;':sc:. ~ ~u :IC C>- ~ N U"> - 1; =-= . , . . . . L"W O(fIC(S 0' DUANE. MORRI~ ~ HECK5CHER 30a tfQa'H rlltO"'l Sl_fY, PO eo. 1003 """IIh,aURO. P" 1,708 1003 inclusive, of the Complaint herein, which was the proximate cause of the Plaintiff's damages herein. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendants as prayed for in the Complaint herein. ubm it tl Pau E. S nlan, Esq. Att rney I.D. No. 75733 DUANE, MORRIS & HECKSCHER 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5529 Attorneys for Plaintiff Dated: November 13, 1995 - 2.. . .~ .... V E R I FIe A T I 0 N I, PAUL E. SCANLAN, ESQUIRE, do hereby verify that I am the attorney of record for the pleading party herein, and that the facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. Dated:-'f!U'/~1 /3. 09( / . CERTIFICATE OF SERVICE On this 13th day of November, 1995, I, Paul E. Scanlan, Esquire, a member of the law firm of Duane, Morris & Heckscher, hereby certify that a true and correct copy of the foregoing Reply to New Matter was served upon the following individuals at their respective address by depositing the same in the United States mail, first-class, postage prepaid, at Harrisburg, Pennsylvania: Robert A. Lerman, Esquire Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 an i I I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACKSONVILLE CONSTRUCTION COMPANY Plaintiff, No. 95-4908 v. UNITED STATIONERS, INC. AND RYDER TRUCK RENTAL, INC. Defendant. Civil Action - Law PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached verification of the Defendant for the verification of Defendant's counsel to Defendant's Answer and New Matter which was filed in the above-captioned matter. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS . l r I ,/ BY _R c.: ~\ l ~ L01/~l4- Robert A. Lerman, Esq. Supreme Court I.D. No. 07490 BY )) 1 . I- t '-- .n]) i L-l t.-fi U. Ann Margaret Grab I Esq. Supreme Court I.d. No. 55986 Attorney for the Defendants 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Date: ;/ ); //{ - , , 1i3m l; L / L. VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: IIKh-s- RYDER TRU~~AL~. /~~;////ll/;/# I / THE JACKSONVILLE CONSTRUCTION COMPANY, INC., Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA v. CIVIL ACTION - LAW UNITED STATIONERS,INC. and RYDER TRUCK RENTAL, INC., NO. 95-4908 Defendants. JURY TRIAL DEMANDED PRAECIPE TO MARK WITHDRAWN. SETTLED AND DISCONTINUeo TO THE PROTHONOTARY: Please mark the above matter withdrawn, settled and discontinued. aul E. Scanlan, Esq. ttorney I.D. No. 75733 DUANE, MORRIS & HECKSCHER 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, P A 17108-1003 (717) 237-5529 Attorneys for Plaintiff Dated: May 2, 1997 ,- 0 c~ i ~~ - w C)-. G.:' I:. (;__I~ -. ......1 ., C, ( ", ,', . i , I Li... . .. -- - l t- o Li oJ' .5