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`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`ASBESTOS
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`RICHARD F. WEBER, an individual, CIVIL ACTION-ASBESTOS
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`Plaintiff,
`GD No. 2012-4355
`VS.
`GRAYBAR ELECTRIC COMPANY, INC., etal. ENTRY OF APPEARANCE AND
`SHORT FORM ANSWER,
`Defendants. NEW MATTER, NEW MATTER
`PURSUANT TO RULE 2252(D) AND
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`REPLY TO ALL CROSS CLAIMS
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`Filed on behalf of:
`Graybar Electric Company, Inc.
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`v,
`R = > Counsel of Record for this Party:
`W
`] o o o )
`= B 2= Amy J. Coco, Esquire
`Se o =i PA Atty, I.D. No. 73416
`Lok T
`E% D5 .
`& §oF
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`WEINHEIMER, SCHADEL & HABER
`Firm No. 090 :
`602 Law and Finance Building
`429 Fourth Avenue
`Pittsburgh, PA 15219-1503
`412.765.3399
`lidate Check
`OPS$ANKAL
`JURY TRIAL DEMANBEDs:17:25
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`GD-12-804355
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`{00160309.D0OC:1}
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`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`‘ ASBESTOS ,
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`. CIVIL ACTION-ASBESTOS
`RICHARD F. WEBER, -
`GD No. 2012-4355
`Plaintiff,
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`VS.
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`al.
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`GRAYBAR ELECTRIC COMPANY, INC.,et )
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`Defendants )
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`ENTRY OF APPEARANCE AND SHORT FORM ANSWER,
`NEW MATTER, NEW MATTER ‘
`PURSUANT TO RULE 2252(D) AND REPLY TO ALIL CROSS CLAIMS
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`Graybar Electric Company, Inc., by its undersignéd attorneys, who hereby enters their
`appearances, hereby answers Plaintiffs’ Complaint pursua{nt to the jprovisions of paragraph 3(b)
`of the Order for Master Pleadings in Asbestos Cases.
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`After a reasonable investigation, Graybar Electric Company, Inc., denies knowledge or
`information sufficient to form a belief as to the truth of the identity averments contained in the
`Complaint and therefore denies the averments and demanEdS strict proof thereof at trial. Insofar
`as the averments pertain to Graybar Electric Compalfly, Inc., | Graybar states that it is a
`corporation organized and existed under the laws of the:State of New York, with its principal
`place of business in St. Louis, Missouri. It is specifically denied|that Plaintiff was exposed to
`any asbéstos-containing product sold or distributed by Graybar Electric Combany, Inc. and strict
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`proof'is demanded at trial.
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`{00160309.D0OC:1}
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`NEW MATTER
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`1.
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`Graybar Electric Company, Inc. incorporatés the Defendants' Master New Matter
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`pursuant to paragraph 3 (e) of the Order to Master Pleadings) in Asbestos Cases in the
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`Philadelphia Court of Common Pleas.
`2.
`manner other than that for which they were intended.
`3. Plaintiffs are guilty to contributory negligence,
`Graybar Electric Company, Inc., was in any way negligent, Grayb
`Plaintiffs is barred because Plaintiffs' negligence is greater than the
`Defendants, against whom recovery is sought. |
`4. Plaintiffs assumed the risk, if any, of the injuries ¢
`assumption of the risk bars plaintiffs' action.
`5. Plaintiffs claims are barred by the applicable statutes
`and/or by the doctrine of laches, waiver, and/or estoppel.
`6. Any exposure of plaintiffs to Graybar pro&ucts, if 2
`insufficient to establish a reasonable degree of probabilify that its
`injuries. |
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`NEW MATTER PURSUANT TO RULE 2
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`The asbestos products of Graybar Electric Company;, Inc., if any, were used in a
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`and without admitting that
`ar avers that recovery by the
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`combined negligence of the
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`r damages, if any, and such
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`of limitations and/or repose,
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`iny, was so minimal as to be
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`products caused the claimed
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`252(D)
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`7. Graybar hereby cross-claims against all other
`defendants, incorporating herein all factual averments of plaintiffs
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`asserted herein only for purposes of this cross-claim, and avers tha
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`defendants and additional
`' complaint, not admitted but
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`if there is liability at all, it is
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`some or all of the other defendants and additional defendants that are either solely liable to
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`{00160309.DOC: 1}
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`plaintiffs, jointly and severally, or liability to the defendant, Graybar Electric Company, Inc., for
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`contribution or indemnity.
`WHEREFORE, defendant Graybar Electric Compahy Inc. respectfully requests judgment
`in its favor and against plaintiffs and all other parties to this action.
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`REPLY OF DEFENDANT GRAYBAR ELECTRIC
`COMPANY. INC. TO ALL CROSS-CLAIMS
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`8. Defendant Graybar Electric Company, Inc. specifically denies all cross-claims
`now or later averred against it and asserts that it is not liable to plaintiffs, any other additional
`defendants who are now or will be parties to this action.
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`Respectfully submitted,
`WEINHEIMER, SCHADEL & HABER
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`Amy Jf(0co, Esquire
`PA Attg. 1.D. 73416
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`602 Law & Finance Building
`429 Fourth Avenue
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`Pittsburgh, PA 1521971503
`412-765-3399
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`{00160309.D0C:1}
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`CERTIFICATE OF SERVICE
`I HEREBY CERTIFY that a true and correct copy of the within ENTRY OF
`APPEARANCE AND SHORT FORM ANSWER, NEW MATTER] NEW MATTER
`PURSUANT TO RULE 2252(D) AND REPLY TO ALL CROSS CLAIMS has been served
`upon the following via First Class Mail postage pre-paid or email on June 25, 2012:
`Peter T. Paladino, Jr., Esquire
`GOLDBERG PERSKY & WHITE PC
`1030 First Avenue
`Pittsburgh, PA 15219-6295
`(Counsel for Plaintiffs)
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`All Counsel of Record
`(Via Email)
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`WEINHEIMER, SCHADEL & HABER, P.C.
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`Amy J. Coco;, Esquire
`Pa. Atty. LD 73416
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`602 Law and Finance Building
`429 Fourth Avenue
`“Pittsburgh, PA 15219-1503
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`{00160309.D0C:1}
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