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HomeMy WebLinkAbout07-1065METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Jesse Henry JESSE HENRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY'S, INC. Defendants TO: Defendants NO. 07- CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 371430-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 371430-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Jesse Henry JhNNh HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07- dZ S CIVIL TERM CIVIL ACTION - LAW JASON WICKERHAM; ALLIED : MECHANICAL CONTRACTORS, INC.; ; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY' S, INC. : Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Jesse Henry, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff Jesse Henry is an adult individual residing at 108 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant Jason Wickerham is an adult individual residing at 130 Kenric Avenue, Donora, Washington County, Pennsylvania, 15033. 3. Defendant Allied Mechanical Contractors, Inc. is a Pennsylvania corporation with a registered office address of Box 76, R. D. #2, Belle Vernon, Fayette County, Pennsylvania. 4. Defendant Orky's, Inc. is a Pennsylvania corporation with a principal place of business at 13-15 South Earl Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 371430-1 5. Defendant Richard L. Ordway is an adult individual who resides, upon information and belief, at 633 Brad Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 6. Defendant Richard L. Ordway owns the property at 13-15 South Earl Street, Shippensburg, Pennsylvania and trades and does business as Orky's, Inc. 7. The facts and circumstances hereinafter set forth occurred on August 5, 2006, at or about 11:00 p.m. at the intersection of Orange Street and Fayette Street, Shippensburg, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, Plaintiff Jesse Henry was the operator of a 1993 Volkswagen Fox bearing Pennsylvania License Plate No. GKN5402 and said vehicle was owned by Plaintiff and Lisa Swartz. 9. At the aforesaid time and place, Defendant Jason Wickerham was the operator of a 2003 Ford pick-up truck bearing Pennsylvania License Plate No. YHD0310. 10. At the aforesaid time and place, Defendant Allied Mechanical Contractors, Inc. was the owner of the vehicle being operated by Defendant Jason Wickerham. 11. At the aforesaid time and place, the Volkswagen Fox being operated by the Plaintiff was traveling east on West Orange Street, Shippensburg, Pennsylvania approaching the intersection of Fayette Street. 12. At the aforesaid time and place, the Defendant, Jason Wickerham, was operating his vehicle west on West Orange Street approaching the intersection of Fayette Street. 13. At the aforesaid time and place, there was a traffic control signal governing traffic traveling on Orange Street and Fayette Street. 371430-1 14. At the aforesaid time and place, the traffic light was green for traffic on Orange Street and Plaintiff was traveling straight through the intersection. 15. At the aforesaid time and place, Defendant Jason Wickerham attempted to turn left onto Fayette Street, directly into the path of the vehicle being operated by Plaintiff causing a collision with Plaintiff's vehicle. 16. Following the collision between the vehicles, Jason Wickerham fled the scene of the accident by foot and eventually was apprehended by the Carroll Township Police. IT Jason Wickerham was visibly intoxicated when he was apprehended and was placed under arrest and charged with several offenses, including driving while under the influence of alcohol or controlled substance, illegal left turn, and reckless driving. 18. Following his arrest, Jason Wickerham was administered a breath alcohol test with a result of a 0.166% blood alcohol content. 19. While the Carroll Township police officer was interrogating the passenger in Defendant Wickerham's vehicle, Nathan Anielewski, he was advised that both Defendant Wickerham and Anielewski were consuming alcohol at Orky's located at 13-15 South Earl Street, Shippensburg, Pennsylvania and were headed to a hotel. 20. The passenger Anielewski stated that "I'm a lot less drunk than he [Wickerham] was and I had less to drink than he did." 21. Shortly after he left Orky's, Jason Wickerham caused the aforesaid accident. 371430-1 COUNTI JESSE HENRY V. JASON WICKERHAM 22. Paragraphs 1 through 21 of Plaintiff's Complaint are incorporated herein by reference as if fully set forth. 23. Defendant owed a duty to Plaintiff Jesse Henry and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff in particular. 24. The aforesaid collision was the direct and proximate result of the negligence of the Defendant Jason Wickerham in operating the 2003 Ford pick-up in a careless, reckless and negligent manner as follows: a. Turning his vehicle left within an intersection without yielding the right-of- way to a vehicle approaching in the opposite direction which was so close as to constitute a hazard in violation of 75 Pa. C.S.A. §3322 and applicable law; b. Failing to yield the right-of-way to another vehicle in the intersection in violation of 75 Pa. C.S.A. §3323 and applicable law; c. Failing to observe Plaintiff's vehicle on the roadway; d. Failing to exercise the high degree of care required of a motorist entering an intersection; e. Failing to yield the right-of-way to traffic already upon the roadway; f. Turning the vehicle he was operating left into the eastbound lane of Orange Street directly into the path of Plaintiff's vehicle; g. Turning in such a manner as to endanger other vehicles on the highway; h. Failing to observe oncoming traffic; i. Failing to keep a proper look-out for approaching vehicles; J. Failing to yield the right-of-way to oncoming traffic; 371430-1 k. Failing to have yielded half of the highway to oncoming traffic; 1. In operating the vehicle at an excessive rate of speed under the circumstances; in. Moving a stopped, standing or parked vehicle when not safe to do so in violation of 75 Pa. C.S.A. §3333 and applicable law; n. Making an improper or careless turn; o. Failing to yield the right-of-way when approaching or entering an intersection in violation of 75 Pa. C.S.A. §3321 and applicable law; p. Failing to make a proper turning maneuver and use required signals in violation of 75 Pa. C.S.A. §3334 and applicable law; q. Operating his vehicle at an unsafe speed in violation of 75 Pa. C.S.A. §3361 and applicable law; r. Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. §3714 and applicable law; s. Operating his vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. §3736 and applicable law; t. Failing to obey traffic control devices in violation of 75 Pa. C.S.A. §3111 and applicable law; u. Driving under the influence of alcohol or controlled substance in violation of 75 Pa. C.S.A. §3802 and applicable law; v. In failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid a collision with Plaintiff's vehicle; w. In failing to give warning to Plaintiff of his impending collision with Plaintiff's vehicle; x. In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; y. In operating the vehicle while under the influence of intoxicating liquor or drugs; 371430-1 z. In failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; aa. Not rendering aid at the scene; bb. Otherwise operating his vehicle at an unsafe speed; and cc. Colliding into Plaintiff's vehicle. 25. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant Jason Wickerham, Plaintiff, Jesse Henry sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation, and which include, but are not limited to, the following: (a) Laceration above left eye with pain; (b) Loss of consciousness and amnesia; (c) Headache/head pain; (d) Concussion; (e) Left eye pain; (f) Vision problems (temporary loss of sight immediately following motor vehicle accident); (g) Laceration to bridge of nose; (h) Closed head injury; (i) Two left eyelid lacerations approximately 1 cm each (steri- stripped); (j) Left temple laceration with air density approximately 4 cm (5-0 Prolene sutures); (k) Left temple laceration approximately 3 cm; and (1) Glass embedded in face. 371430-1 26. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Jesse Henry has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of his ability to enjoy the pleasures of life and limitations in his pursuit of daily activities all to his great loss and detriment. 27. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Jesse Henry has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 28. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Jesse Henry has and/or may in the future incur wage losses, a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 29. As a direct and proximate result of the aforesaid collision and the negligence, carelessness and recklessness of Defendant, Plaintiff Jesse Henry sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. 30. As a direct and proximate result of the aforesaid collision and the negligence, carelessness and recklessness of Defendant, Plaintiff Jesse Henry has sustained scarring and disfigurement for which damages are claimed. 31. Defendant Jason Wickerham was driving under the influence of alcohol in this 371430-1 collision and Plaintiff sustained a serious injury including significant facial scarring. Plaintiff Jesse Henry remains eligible to claim compensation for non economic loss and economic loss sustained in this collision. 32. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff has sustained property damage and incidental costs. 33. In total disregard for the safety of Plaintiff and others, Defendant drove his vehicle while intoxicated, drove recklessly, made a left turn directly into the path of Plaintiff Jesse Henry and caused serious injuries to Plaintiff Jesse Henry and as a result Plaintiff Jesse Henry is entitled to punitive damages. 34. Defendant also had a prior DUI and other serious traffic offenses prior to this accident. Defendant is showing a pattern of reckless disregard and indifference to the welfare of other motorists and Plaintiff is entitled to punitive damages. WHEREFORE, Plaintiff Jesse Henry demands judgment in his favor and against the Defendant Jason Wickerham, either individually and/or jointly and severally, for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County, and demands costs, interest, and/or damages for delay and/or punitive damages against Defendant as allowed by law. COUNT II Plaintiff Jesse Henry v. Defendant Allied Mechanical Contractors, Inc 35. Paragraphs 1 through 34 hereof are incorporated herein by reference as if fully set forth. 371430-1 36. At all times relevant hereto, Defendant Jason Wickerham was an employee, servant, workman and/or agent of Defendant Allied Mechanical Contractors, Inc., and was acting within the scope of his employment with Defendant Allied Mechanical Contractors, Inc., and Defendant Allied Mechanical Contractors, Inc., either individually and/or jointly and severally, is vicariously liable for his acts, commissions or omissions as though it performed the acts, commission or omissions itself and is subject to the doctrine of respondeat superior. 37. In addition to being vicariously liable for the acts of its employee, servant, workman and/or agent, Defendant Allied Mechanical Contractors, Inc. was also negligent, carless and reckless as follows: (a) Entrusting the motor vehicle to the Defendant Jason Wickerham when it knew or should have known that Defendant Jason Wickerham was incapable of operating the motor vehicle in a safe and lawful manner; (b) Entrusting the motor vehicle to the Defendant Jason Wickerham when it knew or should have known that the Defendant Jason Wickerham was an incompetent and unsafe driver; (c) Entrusting the motor vehicle to the Defendant Jason Wickerham when it knew or should have known that the Defendant Jason Wickerham would likely operate the vehicle in such a manner as to create an unreasonable risk of harm to other drivers on the roadway; (d) Entrusting the motor vehicle to Defendant Jason Wickerham when it knew or should have known of his intoxicated state; 371430-1 (e) Allowing Jason Wickerham to operate its vehicles in light of his prior DUI charge and other serious traffic offenses; (f) Hiring, retaining or allowing an employee to work with and operate its vehicles who had alcohol and/or drug problems; (g) Failing to properly screen its employees who have criminal records to prevent them from working for them and operating its vehicles; (h) Allowing its employees to use company vehicles to go to bars and liquor establishments and operate its vehicles under the influence; (1) Allowing a work environment where its employees are allowed to consume alcohol and use work equipment including vehicles. 38. As a result of the aforesaid negligence, carelessness, and/or recklessness of Defendant Allied Mechanical Contracting, Inc., either individually and/or jointly, Plaintiff sustained the aforesaid injuries and/or damages. WHEREFORE, Plaintiff, Jesse Henry demands judgment against Defendant Allied Mechanical Contractors, Inc., either individually and/or jointly and severally, for the aforesaid damages, which exceed the limits of compulsory arbitration in Cumberland County, and demands costs, interest and/or damages for delay and/or punitive damages against Defendant as allowed by law. COUNT III Plaintiff Jesse Henry v. Defendants Orky's, Inc and Richard L Ordway, Individually and t/d/b/a Orky's, Inc. 371430-1 39. Paragraphs 1 through 38 hereof are incorporated herein by reference as if fully set forth. 40. At all relevant times hereto, the Defendants were in the business of furnishing liquor, malt and/or brewed beverages, and on information and belief were licensed to do so, to customers and clientele at 13-15 Earl Street, Shippensburg, Pennsylvania. 41. The Defendants individually and/or acting through their employees, servants and/or agents, sold, furnished and/or gave the aforementioned liquor, malt and/or brewed beverages to Jason Wickerham and/or permitted the aforesaid beverages to be sold, furnished or given to Jason Wickerham while he was visibly intoxicated. 42. The Defendants' acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Jason Wickerham while he was visibly intoxicated violates the Liquor Code including 47 P.S. §4-493(1) and §4-497 (hereinafter "Dram Shop Act") and constitutes negligence per se. 43. The Defendants' acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Jason Wickerham also were negligent in that they should have known based on his condition that he should not be served with such alcohol and/or based on the knowledge that he would be operating a motor vehicle after leaving the establishment. 44. As a direct and proximate result of the violations of the Dram Shop Act and/or the negligent acts of Defendants individually and/or acting through their employees, servants and/or agents, acting within the scope of their authority, Plaintiff Jesse Henry suffered the aforesaid injuries and/or damages. 371430-1 45. The Defendants served a person who was visibly intoxicated and Plaintiff is entitled to punitive damages for the indifference and disregard of the law and safety of persons and for their willful, wanton and reckless conduct. WHEREFORE, Plaintiff, Jesse Henry demands judgment against Defendants Orky's, Inc. and Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., either individually and/or jointly and severally, for the aforesaid damages, which exceed the limits of compulsory arbitration in Cumberland County and demands costs, interest and/or damages for delay and/or punitive damages against Defendants as allowed by law. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clar DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: p/-"/07 371430-1 VERIFICATION I, Jesse Henry, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: 2/22/07 se Henry 37/430-/ Cll? SQ T/'t Ox :ZD / m r METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Jesse Henry JESSE HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY' S, INC. Defendants JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint that was filed in the above-captioned matter on February 27, 2007. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ?? Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: March 22, 2007 373907-1 C G n N ?. (Aj _. ? H-1 ? cn CD -c JESSE HENRY, Plaintiff VS. JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC. ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY'S INC. Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1065 CIVIL TERM : CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant Orky's Inc., and Defendant Richard L. Ordway, individually and t/d/b/a Orky's Inc.. WEIGLE & ASSOCIATES, P.C. Dated: V 1 l -2 o 7 By: 2 '?' Richard L. Webber, Jr., Esquire Attorney ID #49634 126 East King Street Shippensburg, PA 17257 (717) 532-7388 WEIGLE &c ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 r?`'..,a '? x _y ?? ?Q ? ` Ky? •++ ?w METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Jesse Henry JESSE HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY' S, INC. Defendants JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint that was filed in the above-captioned matter on February 27, 2007 and reinstated on March 23, 2007. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. B Marx lie were, .tsquire ----- Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: April 20, 2007 375313-1 O a -- _ Q m S.:S f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, CASE NUMBER: 07-1065 Plaintiff ISSUE NUMBER: V. PLEADING: Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. PRAECIPE FOR APPEARANCE Ordway, Individually and t/d/b/a Orky's, Inc., Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: Allied Mechanical Contractors, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, Plaintiff V. Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., Defendants CASE NO: 07-1065 PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendant, Allied Mechanical Contractors, Inc., in the above-captioned matter. Respectfully submitted, WERNER, P.C. BY: A JURY TRIAL IS DEMANDED DD IS J. BONETTI, ESQUIRE i?U orney for the Defendant Allied Mechanical Contractors, Inc. *AW CERTIFICATE OF SERVICE That counsel for the Defendant, Allied Mechanical Contractors, Inc., hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, po ye pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of 2007. Orky's, Inc. 13-15 South Earl Street Shippensburg, PA 17257 Richard L. Ordway 13-15 South Earl Street Shippensburg, PA 17257 Jason Wickerham 130 Kenric Avenue Donora, PA 15033 Respectfully submitted, WERNER, P.C. BY: DENNIS J. BONETTI, ESQUIRE Attorney for the Defendant Allied Mechanical Contractors, Inc. `:_.' ?_. L ?? r? ? ? ?; R.S: . ?. _? ?..? -:r ,? ?' ?._y s?? JESSE HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC. ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY' S INC. Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD To: Jesse Henry, Plaintiff c/o Clark DeVere, Esquire You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WEIGLE & ASSOCIATES, P.C. Date: /J3 ?a 7 B : ? ?---- Richard L. Webber, Jr., Esquire Attorney for Defendants I.D. No. 49634 126 East King Street Shippensburg, PA 17257 (717) 532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 JESSE HENRY, Plaintiff Vs. JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC. ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY'S INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF DEFENDANTS ORKY'S, INC. AND RICHARD L. ORDWAY'S TO PLAINTIFF'S COMPLAINT Defendants, Richard L. Ordway and Orky's, Inc., by and through their attorneys, Richard L. Webber, Jr., Esquire, and Weigle and Associates, P.C., respond to Plaintiff's Complaint and aver the following: ANSWER 1. Denied. Defendants are without sufficient information to form a belief as to the to accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 2. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 3. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiffs assertion and strict proof thereof is demanded at trial. 4. Admitted. 5. Admitted in part and Denied in part. It is admitted that Richard L. Ordway is an adult individual and that his prior address was 633 Brad Street. It is denied that that address is WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 his current address. He presently resides at 3 Howard Avenue, Shippensburg, Pennsylvania, 17257. 6. Denied. Orky's Inc. owns the property located at 13-15 South Earl Street, Shippensburg, Pennsylvania. Defendant Richard L. Ordway is the President of Orky's, Inc. Orky's, Inc. is a corporation duly formed under the laws of the Commonwealth of Pennsylvania. 7. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 8. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 9. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 10. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 11. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 12. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 13. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 14. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. II 15. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff's assertion and strict proof thereof is demanded at trial. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - AZ6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 16. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff's assertion and strict proof thereof is demanded at trial. 17. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 18. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 19. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 20. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. 21. Denied. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff s assertion and strict proof thereof is demanded at trial. COUNTI JESSE HENRY V. JASON WICKERHAM 22.- 34. No response by Defendants, Richard L. Ordway and Orky's, Inc. is required. COUNT II PLAINTIFF JESSE HENRY V. DEFENDANT ALLIED MECHANICAL CONTRACTORS, INC. 35. - 38. No response by Defendants, Richard L. Ordway and Orky's, Inc. is required. COUNT III II PLAINTIFF JESSE HENRY V. DEFENDANTS ORKY'S INC. AND RICHARD L. ORDWAY, INDIVIDUALLY AND T/D/B/A ORKY'S INC. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 39. The response of Defendants, Richard L. Ordway and Orky's, Inc., as set forth in Paragraph I through 38 above are incorporated herein by reference as though set forth in full. 40. Admitted in part and Denied in part. It is admitted that Defendant Orky's Inc. was in the business of furnishing liquor, malt and/or brewed beverages, and is licensed to do so, to customers and clientele at 13-15 Earl Street, Shippensburg, Pennsylvania. It is denied that Defendant Richard L. Ordway furnished liquor, malt and/or brewed beverages, nor is he licensed to do so to customers and clientele at 13-15 Earl Street. 41. Denied. It is specifically denied that Jason Wickerham was served liquor, malt and/or brewed beverages while he was visibly intoxicated by Defendants, Defendants' employees, servants, and/or agents and strict proof therefore is demanded at trial. Based on information and belief, it is further denied that Jason Wickerham was served liquor, malt and/or brewed beverages by either Defendant. 42. Denied. It is specifically denied that Jason Wickerham was served liquor, malt and/or brewed beverages while he was visibly intoxicated by Defendants, Defendants' employees, servants, and/or agents and strict proof therefore is demanded at trial. Based on information and belief, it is further denied that Jason Wickerham was served liquor, malt and/or brewed beverages by either Defendant. 43. Denied. It is specifically denied that Jason Wickerham was served liquor, malt and/or brewed beverages while he was visibly intoxicated by Defendants, Defendants' employees, servants, and/or agents and strict proof therefore is demanded at trial. Based on information and belief, it is further denied that Jason Wickerham was served liquor, malt and/or II brewed beverages. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17ZS7-1397 44. Denied. It is denied that Defendants violated the Dram Shop Act for reasons stated in Paragraphs 41 through 43 above. It is denied that Defendants were negligent for reasons stated in Paragraph 41 through 43 above. Defendants are without sufficient information to form a belief as to the accuracy of Plaintiff's assertion as to injuries and damages. 45. Denied. It is denied that Defendants served a person who was visibly intoxicated and that Plaintiff is entitled to damages, for reasons stated in Paragraphs 41 through 44 above, the same being incorporated by reference herein as though set forth in full. WHEREFORE, Defendants respectfully request that your Honorable Court enter judgment against Plaintiff and in favor of Defendants Orky's Inc., and Richard L. Ordway and that Defendants be awarded costs, attorney fees, and any other relief deemed appropriate. NEW MATTER 46. Paragraphs 1 through 45 above are incorporated by reference herein. 47. Plaintiff's alleged injuries were not caused by any acts, omissions, or breaches of duty by Defendants Richard L. Ordway and/or Orky's Inc., or their employees. 48. Plaintiff's cause of action may be limited or barred by the Limited Tort Option pursuant to 75 Pa.C.S.A. 1705 et.seq. 49. Plaintiff's cause of action may be limited or barred by the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. Chapter 17. 50. The alleged injuries sustained by the Plaintiff were not directly or proximately caused by any acts, omission or breaches of duty on the part of the Defendants with any such acts, omissions, or breaches of duty being expressly denied. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 51. Any acts, omissions, or breaches of duty on the part of the Defendants, which acts omissions, or breaches of duty are expressly denied, was not a substantial factor in causing the alleged injuries sustained by the Plaintiff. 52. Plaintiff's claims and/or alleged losses may be barred by the Doctrine of Comparative Negligence. 53. Plaintiff's claims and/or alleged losses may be barred by the Doctrine of Contributory Negligence. 54. Plaintiff may have assumed the risk of the injuries allegedly sustained. WHEREFORE, Defendants respectfully request that your Honorable Court enter judgment against Plaintiff and in favor of Defendant Orky's Inc. and Defendant Richard L. Ordway and that Defendants Richard L. Ordway and Orky's Inc. be awarded costs, attorney fees, and other appropriate relief. Date: L (?' Y? Respectfully submitted, WEIGLE & ASSOCIATES, P.C. 1 By: - . ( c ?-- Richard L. Webber, Jr., Esquire Attorney for Defendants Attorney ID No. 49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION We verify that the statements made in the foregoing Response of Defendants Orky's, Inc. and Richard L. Ordway's to Plaintiffs Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: 4 ? g 3 7 Dated: 4 - y') - 0? Richard L. Ordway, individually ORKY' S, INC. By: 7, ? - ; /9(? 5; Ric and L.Ordway WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ?i C? ?? ? - ? ? ? ?' ? f? . y ?. • _.?? ? L1 'a (- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, Plaintiff V. Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., CASE NUMBER: 07-1065 ISSUE NUMBER: PLEADING: ANSWER AND NEW MATTER AND CROSSCLAIM Defendants TO: Jesse Henry and Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER WITH NEW MATTER AND CROSS WI TWENTY (20) DAYS FROM SERVI E A DEFAULT JUDGMENT MAY B D11AINST YOU. CODE AND CLASSIFICATION: FILED ON BEHALF OF: Allied Mechanical Contractors, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 DENNIS7/BONE'rT1, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, CASE NO: 07-1065 Plaintiff V. Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSSCLAIM ON BEHALF OF ALLIED MECHANICAL CONTRACTORS, INC. AND NOW, comes Defendant, Allied Mechanical Contractors, Inc. ("Allied"), by and through its counsel, Cipriani & Werner, and hereby files the following Answer with New Matter to Plaintiff's Complaint. 1. Denied. After reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiff's Complaint and the same are therefore denied. 2. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 2 pertain to a party other than Allied and therefore, no answer is required. 3. Admitted in part and denied in part. The correct address for Allied is 117 McGee Court, Belle Vernon, PA 15012. 4. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 4 pertain to a party other than Allied and therefore, no answer is required. 5. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 5 pertain to a party other than Allied and therefore, no answer is required. 6. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 6 pertain to a party other than Allied and therefore, no answer is required. 7. Denied. The averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 8 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, the averments contained in paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 9 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, the averments contained in paragraph 9 are denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. The averments contained in paragraph 10 are denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. The averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). 12. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 12 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, the averments contained in paragraph 12 are denied pursuant to Pa.R.C.P. 1029(e). 13. Denied. The averments contained in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). 14. Denied. The averments contained in paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e). 15. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 15 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, the averments contained in paragraph 15 are denied pursuant to Pa.R.C.P. 1029(e). 16. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 16 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, the averments contained in paragraph 16 are denied pursuant to Pa.R.C.P. 1029(e). 17. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 17 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, the averments contained in paragraph 17 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, it is believed and therefore averred that any alleged charges arising out of this incident were dismissed by nolle pross on or about November 12, 2006. 18. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 18 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, the averments contained in paragraph 18 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, it is believed and therefore averred that any alleged charges arising out of this incident were dismissed by nolle pross on or about November 12, 2006. 19. Denied. The averments contained in paragraph 19 are denied pursuant to Pa.R.C.P. 1029(e). 20. Denied. The averments contained in paragraph 20 are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. The averments contained in paragraph 21 are denied pursuant to Pa.R.C.P. 1029(e). COUNTI Plaintiff, Jesse Henry v. Defendant, Jason Wickerham 22. Denied. Allied hereby incorporates its answers to paragraphs 1 - 21 as though the same were fully set forth herein at length. 23. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 23 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 23 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 23 are denied pursuant to Pa.R.C.P. 1029(e). 24. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 24 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 24 including sub-paragraphs (a) through (cc) inclusive state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 24 including sub-paragraphs (a) through (cc) inclusive are denied pursuant to Pa.R.C.P. 1029(e). 25. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 25 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 25 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 25 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 26. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 26 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 26 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 26 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 27. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 27 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 27 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 27 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 28. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 28 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 28 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 28 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 29. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 29 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 29 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 29 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 30. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 30 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 30 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 30 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 31. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 31 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 31 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 31 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of damages suffered by Plaintiff and the same is therefore denied. 32. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 32 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 32 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 32 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of damages suffered by Plaintiff and the same is therefore denied. 33. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 33 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 33 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 33 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 34. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 34 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 34 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 34 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. WHEREFORE, Allied Mechanical Contractors, Inc. demands judgment in its favor and against Plaintiff without costs. COUNT II Plaintiff, Jesse Henry v. Defendant, Allied Mechanical Contractors, Inc. 35. Denied. Allied hereby incorporates its answers to paragraphs 1 - 34 as though the same were fully set forth herein at length. 36. Admitted in part and denied in part. Although it is admitted that Jason Wickerham was, at certain times, an employee, servant, workman or agent of Allied, it is specifically denied that Wickerham was an employee, servant, workman or agent at all times relevant hereto. To the contrary, at all times relevant hereto, Wickerham was not acting as an employee, servant, workman or agent of Allied. By way of further answer, it is specifically denied that Wickerham was acting within the scope of his employment with Allied at any time relevant hereto. To the contrary, at all times relevant hereto, Wickerham was not acting within the scope of his employment with Allied. It is further specifically denied that Allied is either individually and/or jointly and severally liable for the acts of Jason Wickerham. It is further specifically denied that Allied is vicariously liable for the acts, commissions or omissions of Jason Wickerham as though it performed the acts, commissions or omissions itself. It is further specifically denied that Allied is subject to the doctrine of respondeat superior. To the contrary, Allied is not legally responsible for any alleged acts of Jason Wickerham under the facts and circumstances of the present case. 37. Denied. It is specifically denied that Allied is vicariously liable for the acts of its employee, servant, workman and/or agent under the facts and circumstances of the present case. To the contrary, Allied hereby incorporates its answer to paragraph 36 as though the same were fully set forth herein at length. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraph 37 including sub-paragraphs (a) through (i) inclusive state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 37 including sub-paragraphs (a) through (i) inclusive are denied pursuant to Pa.R.C.P. 1029(e). 38. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraph 38 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 38 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Allied is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. WHEREFORE, Allied Mechanical Contractors, Inc. demands judgment in its favor and against Plaintiff without costs. COUNT III Plaintiff, Jesse Henry v. Defendants, Orky's, Inc. and Richard L. Ordway, Individually and t/d/b/a Orky's Inc. 39. Denied. Allied hereby incorporates its answers to paragraphs 1 - 38 as though the same were fully set forth herein at length. 40-45. Denied. Allied is advised by counsel and therefore avers that the allegations contained in paragraphs 40 - 45 pertain to a party other than Allied and therefore, no answer is required. By way of further answer, Allied is advised by counsel and therefore avers that the allegations contained in paragraphs 40 - 45 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraphs 40 - 45 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Allied Mechanical Contractors, Inc. demands judgment in its favor and against Plaintiff without costs. NEW MATTER 46. Plaintiff's claims may be barred by the applicable statute of limitations. 47. Any damages Plaintiff may recover in this action should be reduced or barred, in whole or in part, by the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 48. Any damages Plaintiff may recover in this action should be reduced or barred, in whole or in part, by his election of "limited tort" under the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 49. Plaintiff's alleged injuries do not constitute a "serious injury" pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 50. Plaintiff's alleged injuries and damages, if any, which are specifically denied, may have been caused, either in whole or in part by the acts or omissions of third parties other than Allied. 51. Plaintiff's alleged injuries and damages, if any, which are specifically denied, may have been pre-existing, either in whole or in part and are not causally related to the accident giving rise to the present litigation. 52. Plaintiff's claims are reduced or barred by the Comparative Negligence Act. Plaintiff's contributory negligence consisted of, but is not limited to: a. Failing to keep a proper lookout; b. Failing to pay attention to vehicles on the roadway; and C. Failing to take evasive maneuvers in an attempt to avoid the alleged impact. 53. It is believed and therefore averred that the imposition of punitive damages is unconstitutional under either the United States Constitution or the Constitution of the Commonwealth of Pennsylvania. 54. Discovery may reveal that Plaintiff's claims may be barred in whole or in part by one or more affirmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata, release or immunity from suit. NEW MATTER IN THE NATURE OF A CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(D) 55. Allied Mechanical Contractors, Inc., incorporates Plaintiff's Complaint without admission or adoption and their answer to Plaintiff's Complaint as though the same were fully set forth herein at length. 56. In the event that any liability is found to exist on the part of Allied Mechanical Contractors, Inc., which liability is specifically denied, then Defendant, Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orky's, Inc., is liable over to Allied Mechanical Contractors, Inc. for contribution and/or indemnification or is jointly and severally liable to Plaintiff. 57. In the event that harm, losses or damages alleged by Plaintiff are found to exist, which are specifically denied, then Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orky's, Inc., is solely liable to Plaintiff for the harm, losses or damages to Plaintiff, or is liable over to Allied Mechanical Contractors, Inc. for contribution and/or indemnification, or is jointly and severally liable to Plaintiff. WHEREFORE, Allied Mechanical Contractors, Inc. demands judgment in their favor and against Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orky's, Inc., without costs. Respectfully submitted, BY: & WERNER, P.C. J. BONETTI, ESQUIRE for the Defendant, A JURY TRIAL IS DEMANDED Atllied Mechanical Contractors, Inc. VERIFICATION I hereby affirm that the following facts are correct: Allied Mechanical Contractors, Inc. is a Defendant in the foregoing action. The attached Answer with New Matter and Cross Claim is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer with New Matter and Crossclaim is that of counsel and not of me. I have read the Answer with New Matter and Crossclaim and to the extent that the Answer with New Matter and Crossclaim is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter and Crossclaim is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter and Crossclaim is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: 107 A?4? J P4-/ Authorized Representative of Allied Mechanical Contractors, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, Allied Mechanical Contractors, Inc., hereby certifies that a true and correct copy of its ANSWER WITH NEW MATTER AND CROSSCLAIM has been served on all counsel of record, by first class mail, postage pre-paid according to the Pennsylvania Rules of Civil Procedure, on the day of 2007. Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Richard L. Webber, Jr. Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ft? IS J. B NETTI, ESQUIRE Co nsel for the Defendant, Allied Mechanical Contractors, Inc. -r=,= -- M1 V r N METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Jesse Henry JESSE HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY' S, INC. Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS ORKY'S, INC. AND RICHARD L. ORDWAY'S NEW MATTER AND NOW, comes the Plaintiff, Jesse Henry, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and respectfully replies as follows: 46. Paragraph 46 is an incorporation paragraph and no reply required. If a reply is required, the averments of answering Defendants' Answer are admitted to the extent they admit the corresponding allegations in the Complaint. The averments of answering Defendants' Answer are denied to the extent they deny the corresponding allegations in the Complaint. 47. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). Plaintiff's injuries were caused by the actions and/or omissions of Answering Defendants and/or their employees as set forth in the Complaint filed in this action, either individually and/or jointly and severally. 48. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff incorporates herein by reference the allegations contained in Paragraph 31 of the 375682-1 r 1% Complaint. Defendant Wickerham was driving under the influence of alcohol in this collision and Plaintiff sustained a serious injury including significant facial scarring. Any limitations in the Motor Vehicle Financial Responsibility Law do not apply to the claims against Answering Defendants. 49. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Answering Defendants have failed to specify what provisions of the Motor Vehicle Financial Responsibility Law limit or bar Plaintiff's cause of action and therefore Plaintiff cannot more specifically reply. However, Plaintiff's claims are not limited or barred by the Motor Vehicle Financial Responsibility Law and said law does not apply to the claims against Answering Defendants. 50. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff's injuries were caused by the actions and/or omissions of Answering Defendants as more specifically set forth in the Complaint filed in this action, either individually and/or jointly and severally. 51. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff's injuries were caused by the actions and/or omissions of Answering Defendants as more specifically set forth in the Complaint filed in this action, either individually and/or jointly and severally. 52. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). By way of 375682-1 f further reply, Plaintiff's vehicle was struck by a vehicle operated by a drunk driver turning left into Plaintiff's vehicle. Plaintiff was not negligent in any manner. 53. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiff's vehicle was struck by a vehicle operated by a drunk driver turning left into Plaintiff's vehicle. Plaintiff was not negligent in any manner. The Contributory Negligence Doctrine no longer exists in Pennsylvania. 54. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiff's vehicle was struck by a vehicle operated by a drunk driver who turned left into him. Plaintiff did not assume the risk of this accident or any injury therefrom. WHEREFORE, Plaintiff Jesse Henry demands that Defendant Orky's, Inc. and Defendant Richard L. Ordway's New Matter be dismissed and that judgment be entered in favor of Plaintiff and against Defendants Orky's and Ordway as requested in the Complaint filed in this action. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark De ere, squire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: May 9, 2007 3 75682- l VERIFICATION I, Jesse Henry, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiffs Reply to New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs Reply to New Matter is that of counsel and not my own. I have read the Plaintiffs Reply to New Matter, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Plaitniff's Reply to New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs Reply to New Matter are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: S/-7/b-7 esse He 375682-1 y CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Reply to New Matter with reference to the foregoing action by first class mail, postage prepaid on the following: Jason Wickerham 130 Kenric Avenue Donora, PA 15033 Dennis J. Bonetti, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Counsel for Allied Mechanical Contractors, Inc. Richard L. Webber, Jr., Esquire Weigle and Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 Counsel for Orky's, Inc. and Richard L. Ordway Clark DeVere, Esquire Date: May 9, 2007 375682-1 x i "" c ' ro IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, Plaintiff V. CASE NUMBER: 07-1065 ISSUE NUMBER: PLEADING: Jason Wickerham, Allied Mechanical Contractors, Inc., Orkys, Inc., Richard L. PRAECIPE FOR APPEARANCE Ordway, Individually and t/d/b/a Orkys, Inc., Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: Allied Mechanical Contractors, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, CASE NO: 07-1065 Plaintiff V. Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., Defendants PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendant, Jason Wickerham, in the above- captioned matter. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. S IFERTH, E Q RE Counsel for the Defenda,n s, J on Wickerham A JURY TRIAL IS DEMANDED and Allied Mechanical Co ctors, Inc. CERTIFICATE OF SERVICE That counsel for the Defendants, Jason Wickerham and Allied Mechanical Contractors, Inc., hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of 2007. Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Orky's, Inc. 13-15 South Earl Street Shippensburg, PA 17257 Richard L. Ordway 13-15 South Earl Street Shippensburg, PA 17257 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. ADAM L. SEIFERTH, E Vractors, Counsel for the Defendan Wickerham and Allied Mechanical CInc. Q f_`? A METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Jesse Henry JESSE HENRY, Plaintiff vs. JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY'S, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT ALLIED MECHANICAL CONTRACTORS, INC.'S NEW MATTER AND CROSSCLAIM AND NOW, comes the Plaintiff, Jesse Henry, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and respectfully replies as follows: 46. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, the earliest Statute of Limitations expiration date which would apply to this case would be August 5, 2008. The Complaint was filed in this action on February 27, 2007, and was timely served or in the process of service, well before the expiration of any applicable Statute of Limitations. 47. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Answering Defendant has failed to identify the specific sections or provisions of the 376257-/ C Pennsylvania Motor Vehicle Financial Responsibility Law and Plaintiff cannot more specifically reply. However, it is denied that said Law would apply to any and/or all of the claims raised against Answering Defendant. 48. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff incorporates by reference Paragraph 31 of his Complaint. However, it is denied that the Pennsylvania Motor Vehicle Financial Responsibility Law applies in part or at all to the claims raised against Answering Defendant. 49. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff incorporates by reference Paragraph 31 of his Complaint. However, it is denied that the Pennsylvania Motor Vehicle Financial Responsibility Law applies in part or at all to the claims raised against Answering Defendant. 50. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied as stated and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff's injuries and damages were caused by the actions and/or omissions of Answering Defendant, either individually and/or jointly and severally as set forth in the Complaint filed in this action. 51. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiffs injuries were traumatic in nature caused by the accident on August 5, 2006. 52. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). By way of 376257-/ further reply, Plaintiff was not negligent in any manner and acted reasonable under the circumstances. 53. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, punitive damages are allowable in this case, both under State and Federal law. 54. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). The answering Defendant has the burden of proof on any affirmative defenses for which there is no evidence of in this case. WHEREFORE, Plaintiff Jesse Henry demands that Defendant Allied Mechanical Contractors, Inc.'s New Matter be dismissed and that judgment be entered in favor of Plaintiff and against Defendant Allied Mechanical Contractors, Inc. as requested in the Complaint filed in this action. PLAINTIFF'S REPLY TO DEFENDANT ALLIED MECHANICAL CONTRACTORS, INC.'S CROSSCLAIM 55.-57. The Crossclaim is directed to Co-Defendants Orky's, Inc. and Richard L. Ordway individually and.t/d/b/a Orky's, Inc. and Plaintiff is not required to reply. To the extent Plaintiff must reply, Answering Defendant Allied Mechanical Contractors, Inc. is liable to Plaintiff for his losses and damages as set forth in the Complaint filed in this action, either individually and/or jointly and severally. WHEREFORE, Plaintiff Jesse Henry demands that Defendant Allied Mechanical Contractors, Inc.'s Crossclaim be dismissed and that judgment be entered in favor of Plaintiff 376257-1 41 and against Defendant Allied Mechanical Contractors, Inc. as requested in the Complaint filed in this action. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: 5-17 , 0-7 376257-1 VERIFICATION I, Jesse Henry, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiffs Reply to New Matter and Crossclaim of Defendant Allied Mechanical Contractors, Inc. are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs Reply to New Matter and Crossclaim of Defendant Allied Mechanical Contractors, Inc. is that of counsel and not my own. I have read the Plaintiff's Reply to New Matter and Crossclaim of Defendant Allied Mechanical Contractors, Inc., and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Plaintiff s Reply to New Matter and Crossclaim of Defendant Allied Mechanical Contractors, Inc. is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiff s Reply to New Matter and Crossclaim of Defendant Allied Mechanical Contractors, Inc. are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: 1110/0.1 ae? esse Henry 376257-1 a , t CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs Reply to New Matter and Crossclaim of Defendant Allied Mechanical Contractors, Inc. with reference to the foregoing action by first class mail, postage prepaid, this day of At" , 2007 on the following: Dennis J. Bonetti, Esquire Adam L. Seiferth, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Counsel for Defendant Allied Mechanical Contractors, Inc.) Adam L. Seiferth, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Counsel for Defendant Jason Wickerham) Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 (Counsel for Defendants Orky's, Inc. and Richard L. Ordway) METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark eVere, Esquire 376257-1 ' `) 7 - ' I- In, The Court of Common Fleas of Cumberland County, Pennsylvania Jesse Henry vs. Jason Wickerharn et al SERVE: No. 07-1065 civil Now, March 1, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Washington County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, )20 , at o' clock ' M. served the within upon at by handing to a and made known to So answers, Sheriff of County, PA copy of the original Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. i? C l N C? Lt7 c° i CI-4 r % SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENRY JESSE VS WICKERHAM JASON ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: WICKERHAM JASON but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WASHINGTON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 17th , 2007 , this office was in receipt of the attached return from WASHINGTON Sheriff's Costs: So answers. Docketing 18.0 0 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Washington Co 54.02 Sheriff of Cumberland County Postage 2.07 9 3. 0 9 7 ?..,. 05/17/2007 METZGER WICKERSHAM Sworn and subscribe to before me this day of , A. D. WASHINGTON COUNTY, PENNSYLVANIA OFFICE OF THE SHERIFF SAMUEL F. ROMANO COURTHOUSE SQUARE SHERIFF SUITE 303 100 WEST BEAU STREET GT01y WASHINGTON, PA 15301 ? F.ROPa G % 724-228-6840 JAMES B. DALESSANDRO CHIEF DEPUTY FAx 724-223-4719 ti?? SHERIFF ??V Court Docket #: 07-1065 CIVIL JESSE HENRY County of WASHINGTON, Commonwealth of PENNSYLVANIA vs JASON WICKERHAM Affidavit of Service COMPLAINT I hereby CERTIFY and RETURN that on 3/8/2007 at 2:50PM service was attempted with the due diligence and inquiry for JASON WICKERHAM. Service was unable to be made for the following reasons: AS PER NEIGHBOR, BUILDING WHERE DEFENDANT'S ADDRESS IS GIVEN IS VACANT. SERVICE ATTEMPTS Date: 3/8/2007 Time: 2:50 pm 130 KENRIC AVENUE DONORA, PA 15033 Fees Received from Attorney: N. E. L ($5.00), MILEAGE ($23.52), POS'T'AGE ($1.00), FIRST DEFENDANT BASE COST ($24.50) Total Charges $54.02 Attorney Name: CUMBERLAND COUNTY SHERIFF, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 1 Affirmed & Subscribed to before Me March 12, 2007 Notary Public My commission expires Sheriff File Number - 07001033 JASON LUC1, Deputy Sheriff NOTARIAL SEAL ch PAULETTE DANIELS, Notary Public'' Washington, Washington County, PA Commission Expires February 94 2010 of Washington County In The Court of Common ]Pleas of Cumberland County, Pennsylvania Jesse Henry V5. Jason Wickerhan No. 07-1065 civil Now, March 29, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Washington County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Affidavit of Service Now, 320 , at o' clock M. served the within upon at by handing to a Sheriff of Cumberland County, PA copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENRY JESSE VS WICKERHAM JASON ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WICKERHAM JASON but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of WASHINGTON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 17th , 2007 , this office was in receipt of t attached return from WASHINGTON Sheriff's Costs: So answers . -:7-?==' Docketing 6.00 Out of County 9.00 Surcharge 10.00 Thomas Kline Dep Washington Co 96.06 Sheriff of Cumberland County Postage 2.07 a ???? 123.13 05/17/2007 METZGER WICKERSHAM Sworn and subscribe to before me this day of , A. D. WASHINGTON COUNTY, PENNSYLVANIA OFFICE OF THE SHERIFF SAMUEL F. ROMANO SHERIFF JAMES B. DALESSANDRO CHIEF DEPUTY Court Docket #: 07-1065 CIVIL COURTHOUSE SQUARE SUITE 303 100 WEST BEAU STREET WASHINGTON, PA 15301 724-228-6840 FAx 724-223-4719 Sheriff File Number - 07001472 County of WASHINGTON, Commonwealth of PENNSYLVANIA JESSE HENRY vs. JASON WICKERHAM Affidavit of Service COMPLAINT I hereby CERTIFY and RETURN that on 4/20/2007 at 2:45PM service was attempted with the due diligence and inquiry for JASON WICKERHAM. Service was unable to be made for the following reasons: NO ANSWER. SERVICE ATTEMPTS Date: 4/5/2007 Time: 12:45 pm 130 KENRIC AVENUE DONORA, PA 15033 Date: 4/18/2007 Time: 1:50 pm 130 KENRIC AVENUE DONORA, PA 15033 Date: 4/20/2007 Time: 2:45 pm 130 KENRIC AVENUE DONORA, PA 15033 DEPUTY NOTE: CALLED J. GERBA ON 4/05/07 AND LEFT NOTICE. Fees Received from Attorney: MILEAGE ($70.56), POSTAGE ($1.00), FIRST DEFENDANT BASE COST ($24.50) Total Charges $96.06 Attorney Name: CUMBERLAND COUNTY SHERIFF, ONE COURTHOUSE SQUARE, CARLISLE, PA 17013 Affirmed & Subscribed to before Me April 26, 2007 PAUL ROCK, Deputy Sheriff Notary Public 9 ry NOTARIAL SEAL PAULETTE DANIELS, Notary Pubii Sh, My commission expires: Washington. Washington County, PA _„2010 O of Washington County SHERIFF'S RETURN - REGULAR CASE NO: 2007-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENRY JESSE VS WICKERHAM JASON ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WICKERHAM JASON the DEFENDANT , at 1620:00 HOURS, on the 26th day of April 2007 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to JASON WICKERHAM a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 2 0. 8 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/17/2007 METZGER WICKERS --- By Deputy Sherif A.D. in The Court of Common Pleas of.- Cumberland County, Pennsylvania Jesse Henry VS. Jason Wickerham et al SERVE: Allied Mechanical Contractors No. 07-1065 civil Now, March 1, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, d hereby deputize the Sheriff of Fayette County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to Sworn and subscribed before me this day of , 20 So answers, the contents thereof. Sheriff of County, PA COSTS, SERVICE $ MILEAGE AFFIDAVIT Vd `03 3113AVJ d0 JJlV3KS 1?t'?, fi?7t?R=a•n?yrn n ra11??1 go TT wu s UNLOD? ?IJAO a,J3113NS NI a3Al303N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENRY JESSE VS WICKERHAM JASON ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ALLIED MECHANICAL CONTRACTORS INC but was unable to locate Them deputized the sheriff of FAYETTE serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 17th , 2007 , this office was in receipt of the attached return from FAYETTE Sheriff's Costs: So answe Docketing 6.00' Out of County 9.00 Surcharge 10.00 . Thomas ine Dep Fayette Co 35.93 Sheriff of Cumberland County Postage 2.07 6 3. 0 0 ? 05/17/2007 METZGER WICKERSHAM Sworn and subscribe to before me this day of , in his bailiwick. He therefore 9 A. D. • t FAYETTE COUNTY PENNSYLVANIA AFFIDAVIT OF NON SERVICE PLACE OF ORIGIN: CUMBERLAND COUNTY, PA. COURT NUMBER: 7 OF 1065 CIVIL TYPE OF WRIT/COMPLAINT: COMPLAINT PLAINTIFF(S): JESSE HENRY DEFENDANT(S): ALLIES MECHANICAL CONTRACTORS PLAINTIFF ATTY: CUMBERLAND COUNTY SHERIFF NAME OF ENTITY TO SERVE: ALLIES MECHANICAL CONTRACTORS ADDRESS: RD 2 BOX 76, BELLE VERNON, PA, PLACE OF SERVICE: RD 2 BOX 761 BELLE VERNON, PA, DATE & TIME OF SERVICE: MARCH 12, 2007 00:00 AM COSTS: 35.93 I HEREBY CERITIFY AND RETURN THAT I, ED FURLONG, DEPUTY, DID NOT FIND THE ABOVED NAMED INDIVIDUAL, COMPANY, CORPORATION ETC., AS TO ALLIES MECHANICAL CONTARCTORS, DEFENDANT, POST OFFICE ADVISES ADDRESS IS IN WESTMORELAND CO AT THE PLACE OF SERVICE SHOWN ABOVE. WITNESS MY HAND AND SEAL OF THE SHERIFF'S OFFICE, AT UNIONTOWN, PENNSYLVANIA THIS 21TH DAY OF MARCH, 2007 SO ANSWERS GARY D. BROWNFIELD SR., SHERIFF. c 4r ED FURLONG, DEPUTY GARY D. BROWNFIELD SR. SHERIFF OF FAYETTE COUNTY SWORN TO AND SUBS IBFD BEFORE ME THIS S? DAY OF 07 My Commission Expires First Monday in January 2008 LANCE WINTERHALTER, ProthonotaryRECEIVED FROM DATE 3/21/2007 RECEIPT NO. 16777 ENVELOPE NO. S 661 RECEIPT AMOUNT 35.93 RECEIVED BY TP In The Court of Common Pleas o Cumberland Coun Pennsylvania Jesse Jenry .` VS. SCAN Jason Wickerham et al SERVE: Allied Mechanical Contractors Inc SC No. 07-1065 civil ? Now, March 30, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Westmoreland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, A Aw" 20 , at ZS o'clock M. served the within upon kv&!? 411: j- nom}-ten y n,Q C&-,\IK f, V, < at A-n A Lv--J "a y j' t? by handing to WA VIZO D LA.,r,3 a and made known to Sworn and subscribed before me this day of , 20 WEALTH OF PENNSYLVANIA copy of the original So answers, the contents thereof.. /,k 14- UA?? 41-l -o7 64 Sheriff of Ldm - County, PA COSTS -0-00o , ? 7?f1ao_ SERVICE _ MILEAGE _ AFFIDAVIT Notarial Seal Rosemary Spangler, Notary Public City Of Greensburg, Westmoreland County My commission Expires Dec. 19, 2009 Member, Pennsylvania Association of Notaries ° AdOO P U 0 :Z 144 o l ddV cD#Z SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENRY JESSE VS WICKERHAM JASON ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ALLIED MECHANICAL CONTRACTORS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of WESTMORELAND serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 17th , 2007 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: So answe 7 Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Westmoreland 50.80 Sheriff of Cumberland County Postage 2.07 77.87 ? SIa?'07 05/17/2007 METZGER WICKERSHAM Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENRY JESSE VS WICKERHAM JASON ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ORKY'S INC the DEFENDANT at 1826:00 HOURS, on the 14th day of March 2007 at 13-15 SOUTH EARL STREET SHIPENSBURG, PA 17257 by handing to REX FREY III, BARTENDER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge S4.7 Sworn and Subscibed to before me this of So Answers: 6.00 19.20 .00 10.00 R. Thomas Kline .00 35.20 05/17/2007 METZGER WICKERSHAM By day Deputy Sheriff A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01065 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HENRY JESSE VS WICKERHAM JASON ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ORDWAY RICHARD L but was unable to locate Him in his bailiwick. He therefore returns the --.- r -r- .. ---T -, the within named DEFENDANT , ORDWAY RICHARD L 633 BRAD STREET NOT FOUND , as to SHIPPENSBURG, PA 17257 DEFENDANT WAS NOT FOUND AT GIVEN ADDRESS - BELIEVED TO BE AT 3 HOWARD AVENUE SHIPPENSBURG - FRANKLIN COUNTY. So answer. M -? -- 77 R. Thomas Kline Sheriff of Cumberland County METZGER WICKERSHAM 05/17/2007 Sworn and Subscribed to before me this day of Sheriff's Costs: Docketing 6.00 Service 19.20 Not Found 5.00 Surcharge 10.00 .00 51) 40.20 A. D. In The Court of Common Pleas of Cumberland. County, Pennsylvania Jesse Henry VS. Jason Wickerham et al SERVE: Richard L. Ordway No. 07-1065 civil Now, March 28, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cmberland County Sheriff. Thank you. Affidavit of Service Now, D , 2007 , at o'clock 10. M. served the % within up at by handing to V a _ CLA?- copy of the original cnf?? and made known to the contents thereof. So answers, eri t- County, PA COSTS Sworn and g*scribed before SERVICE $ me this -day of , 20 A' MILEAGE ?/ AFFIDAVIT " t-1 4 tt '/ t?olllrr p, Me M?, OW $ CIO g a q ftM Fmidn C=4 My cANMN"M E Jon. 29, 2011 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENRY JESSE VS WICKERHAM JASON ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ORDWAY RICHARD L but was unable to locate Him deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 17th , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline - Dep Franklin Co 33.00 Sheriff of Cumberland County Postage 2.07 60.07 7 Q 05/17/2007 METZGER WICKERSHAM Sworn and subscribe to before me this day of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, Plaintiff V. CASE NUMBER: 07-1065 ISSUE NUMBER: PLEADING: Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. ANSWER WITH NEW MATTER AND Ordway, Individually and t/d/b/a Orky's, CROSSCLAIM ON BEHALF OF JASON Inc., WICKERHAM Defendants TO: ORKY'S, INC., RICHARD L. ORDWAY, INDIVIDUALLY AND T/D/B/A ORKY'S, INC. YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER WITH NEW MATTER AND CROSSCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST Y U. AM L. SEI ERTH, ES UI CODE AND CLASSIFICATION: FILED ON BEHALF OF: Jason Wickerham, Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, CASE NO: 07-1065 Plaintiff V. Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., Defendants ANSWER WITH NEW MATTER AND CROSSCLAIM ON BEHALF OF JASON WICKERHAM AND NOW, comes Defendant, Jason Wickerham ("Mr. Wickerham"), by and through his counsel, Cipriani & Werner, and hereby files the foregoing Answer with New Matter to Plaintiff's Complaint. 1. Denied. After reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiff's Complaint and the same are therefore denied. 2. Denied as stated. Mr. Wickerham is an adult individual, who is currently incarcerated in the Cumberland County Prison, 1101 Clermont Road, Carlisle, PA, 17013. 3. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 3 pertain to a party other than Mr. Wickerham and therefore, no answer is required. 4. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 4 pertain to a party other than Mr. Wickerham and therefore, no answer is required. 5. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 5 pertain to a party other than Mr. Wickerham and therefore, no answer is required. 6. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 6 pertain to a party other than Mr. Wickerham and therefore, no answer is required. 7. Denied. The averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 8 pertain to a party other than Mr. Wickerham and therefore, no answer is required. By way of further answer, the averments contained in paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. The averments contained in paragraph 9 are denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. The averments contained in paragraph 10 are denied pursuant to Pa.R.C.P. 1029(e). 11. The averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 12. Denied. The averments contained in paragraph 12 are denied pursuant to Pa.R.C.P. 1029(e). 13. Denied. The averments contained in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). 14. Denied. The averments contained in paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e). 15. Denied. The averments contained in paragraph 15 are denied pursuant to Pa.R.C.P. 1029(e). 16. Denied. The averments contained in paragraph 16 are denied pursuant to Pa.R.C.P. 1029(e). 17. Denied. The averments contained in paragraph 17 are denied pursuant to Pa.R.C.P. 1029(e). 18. Denied. The averments contained in paragraph 18 are denied pursuant to Pa.R.C.P. 1029(e). 19. Denied. The averments contained in paragraph 19 are denied pursuant to Pa.R.C.P. 1029(e). 20. Denied. The averments contained in paragraph 20 are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. The averments contained in paragraph 21 are denied pursuant to Pa.R.C.P. 1029(e). COUNTI Jesse Henry v. Jason Wickerham 22. Denied. Mr. Wickerham hereby incorporates his answers to paragraphs 1 - 21 above as though fully set forth herein at length. 23. Denied. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 23 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 23 are denied pursuant to Pa.R.C.P. 1029(e). 24. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 24 including sub-paragraphs (a) through (cc) inclusive state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 24 including sub-paragraphs (a) through (cc) inclusive are denied pursuant to Pa.R.C.P. 1029(e). 25. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 25 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 25 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 26. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 26 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 26 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 27. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 27 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 27 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 28. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 28 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 28 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 29. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 29 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 29 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 30. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 30 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 30 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 31. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 31 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 31 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of damages suffered by Plaintiff and the same is therefore denied. 32. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 32 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 32 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of damages suffered by Plaintiff and the same is therefore denied. 33. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 33 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 33 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 34. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 34 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 34 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. WHEREFORE, Jason Wickerham demands judgment in his favor and against Plaintiff without costs. COUNT II Plaintiff, Jesse Henry v. Defendant, Allied Mechanical Contractors, Inc. 35. Denied. Mr. Wickerham hereby incorporates his answers to paragraphs 1 - 34 above as though fully set forth herein at length. 36. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 36 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 36 are denied pursuant to Pa.R.C.P. 1029(e). 37. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 37 including sub-paragraphs (a) through (i) inclusive pertain to a party other than Mr. Wickerham and therefore, no answer is required. By way of further answer, Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 37 including sub-paragraphs (a) through (i) inclusive state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 37 including sub-paragraphs (a) through (i) inclusive are denied pursuant to Pa.R.C.P. 1029(e). 38. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 38 pertain to a party other than Mr. Wickerham and therefore, no answer is required. By way of further answer, Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 38 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 38 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Jason Wickerham demands judgment in his favor and against Plaintiff without costs. COUNT III Plaintiff, Jesse Henry v. Defendants, Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orky's, Inc. 39. Denied. Mr. Wickerham hereby incorporates his answers to paragraphs 1 - 38 above as though fully set forth herein at length. 40-45. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraphs 40 - 45 pertain to a party other than Mr. Wickerham and therefore, no answer is required. By way of further answer, Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraphs 40 - 45 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraphs 40 - 45 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Jason Wickerham demands judgment in his favor and against Plaintiff without costs. NEW MATTER 46. Plaintiff's claims may be barred by the applicable statute of limitations. 47. Any damages Plaintiff may recover in this action should be reduced or barred, in whole or in part, by the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 48. Any damages Plaintiff may recover in this action should be reduced or barred, in whole or in part, by his election of "limited tort" under the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 49. Plaintiff's alleged injuries do not constitute a "serious injury" pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 50. Plaintiff's alleged injuries and damages, if any, which are specifically denied, may have been caused, either in whole or in part by the acts or omissions of third parties other than Mr. Wickerham. 51. Plaintiff's alleged injuries and damages, if. any, which are specifically denied, may have been pre-existing, either in whole or in part and are not causally related to the accident giving rise to the present litigation. 52. Plaintiff's claims are reduced or barred by the Comparative Negligence Act. Plaintiff's contributory negligence consisted of, but is not limited to: a. Failing to keep a proper lookout; b. Failing to pay attention to vehicles on the roadway; and c. Failing to take evasive maneuvers in an attempt to avoid the alleged impact. 53. It is believed and therefore averred that the imposition of punitive damages is unconstitutional under either the United States Constitution or the Constitution of the Commonwealth of Pennsylvania. 54. Discovery may reveal that Plaintiff's claims may be barred in whole or in part by one or more affirmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata, release or immunity from suit. NEW MATTER IN THE NATURE OF A CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(D) 55. Mr. Wickerham incorporates Plaintiff's Complaint without admission or adoption and his answer to Plaintiff's Complaint as though the same were fully set forth herein at length. 56. In the event that any liability is found to exist on the part of Mr. Wickerham, which liability is specifically denied, then Defendant, Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orky's, Inc., is liable over to Mr. Wickerham for contribution and/or indemnification or is jointly and severally liable to Plaintiff. 57. In the event that harm, losses or damages alleged by Plaintiff are found to exist, which are specifically denied, then Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orky's, Inc., is solely liable to Plaintiff for the harm, losses or damages to Plaintiff, or is liable over to Mr. Wickerham for contribution and/or indemnification, or is jointly and severally liable to Plaintiff. WHEREFORE, Jason Wickerham demands judgment in his favor and against Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orky's, Inc., without costs. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: A AM L. S IF RTH, E 1?ractors. Counsel for the Defends ton Wickerham A JURY TRIAL IS DEMANDED and Allied Mechanical Inc. VERIFICATION I hereby affirm that the following facts are correct: I am a Defendant in the foregoing action. The attached Answer with New Matter and Crossclaim is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer with New Matter and Crossclaim is that of counsel and not of me. I have read the Answer with New Matter and Crossclaim and to the extent that the Answer with New Matter and Crossclaim is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter and Crossclaim is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter and Crossclaim is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: 7" 6-07 Mon Wickerham CERTIFICATE OF SERVICE That counsel for the Defendants, Jason Wickerham and Allied Mechanical Contractors, Inc., hereby certifies that a true and correct copy of its ANSWER WITH NEW MATTER AND CROSSCLAIM ON BEHALF OF JASON WICKERHAM has been served on all counsel of record, by first class }fail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the tj M- day of , 2007. Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. DENNIS J. BONET , E ADAM L. SEIFERT , E QUIRE Counsel for the Defen ts, Jason Wickerham and Allied Mechanical Contractors, Inc. r?s C) ' f --i CI:J ] ? i G t7 -1 ,Yy METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Jesse Henry JESSE HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY'S, INC. Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Defendant Jason Wickerham c/o Adam L. Seiferth, Esquire Suite 201 1011 Mumma Road Lemoyne, Pennsylvania 17043-1145 You are hereby notified to file a written response to the enclosed Plaintiff's Preliminary Objections to Defendant's Answer With New Matter within twenty (20) days from service hereof or judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: '(2 41 Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: July 0 7 , 2007 Attorney for Plaintiff 380429-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Attorneys for Plaintiff Harrisburg, PA 17110-0300 Jesse Henry (717) 238-8187 JESSE HENRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; PLAINTIFF'S PRELIMINARY OBJECTIONS ORKY'S, INC.; RICHARD L. ORDWAY, TO DEFENDANT JASON WICKERHAM'S Individually and t/d/b/a ORKY'S, INC. ANSWER WITH NEW MATTER Defendants JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF PLAINTIFF, JESSE HENRY, TO DEFENDANT JASON WICKERHAM'S ANSWER WITH NEW MATTER AND NOW, comes Plaintiff, Jesse Henry, by and through his counsel, Metzger, Wickersham, Knauss & Erb, and preliminary objects to the Answer With New Matter of Defendant Jason Wickerham and avers the following in support thereof: 1. Plaintiff initiated the above-captioned action by the filing of a Complaint on February 27, 2007 for injuries he sustained in a motor vehicle collision on August 5, 2006 (see Exhibit "A" attached hereto and incorporated herein by reference). 2. Plaintiff filed Praecipes to Reinstate the Complaint on March 23, 2007 and April 23, 2007. 3. Plaintiff timely effectuated service upon Defendant Jason Wickerham on April 26, 2007. 4. Adam L. Seiferth, Esquire entered his appearance on behalf of the Defendant Jason Wickerham on May 15, 2007. 5. Defendant Jason Wickerham filed an Answer With New Matter on or about July 17, 2007. (see Exhibit "B" attached hereto and incorporated herein by reference). 6. Plaintiff files the following Preliminary Objections to Defendant Jason Wickerham's Answer With New Matter pursuant to Pa.R.C.P. 1028 (a) and applicable law. I. MOTION TO STRIKE PARAGRAPHS 7,9-10,12-21, and 36 OF DEFENDANT'S ANSWER OR, IN THE ALTERNATIVE, MOTION FOR MORE SPECIFIC ANSWER 7. The averments contained in Paragraphs 1 through 6 are incorporated by reference herein as if set forth in their entirety. 8. Rule 1029 (e) requires that a responding party, in an action seeking monetary relief for bodily injury, death or property damage, specifically deny averments relating to the identity, agency, or employment of a person who committed a material act and ownership, possession, or control of property involved. 9. The Defendant's Answer generally denies paragraphs 7, 9-10, 12-21, and 36 of the Complaint. These paragraphs allege facts relating to the subject matter of Rule 1029 (e) (1). 380378-1 -2- 10. The Defendant's failure to specifically deny paragraphs 7, 9-10, 12-21, and 36 of the Complaint clearly violates Rule 1029 (e). Thus, paragraphs 7, 9-10, 12-21, and 36 of Defendant's Answer are subject to a Motion To Strike. 11. Alternatively, the Defendants' failure to specifically deny paragraphs 7, 9- 10, 12-21, and 36 of the Complaint unduly hinders the Plaintiff's ability to properly respond. Thus, paragraphs 7, 9-10, 12-21, and 36 of Defendant's Answer are subject to a Motion For More Specific Pleading. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue an Order striking paragraphs 7, 9-10, 12-21, and 36 of Defendant's Answer or, in the alternative, require that the Defendant provide a more specific answer to paragraphs 7, 9- 10, 12-21, and 36 because of Defendant's failure to specifically deny such paragraphs as required by Rule 1029 (e). II. MOTION TO STRIKE DEFENDANT'S NEW MATTER OR, IN THE ALTERNATIVE, MOTION FOR MORE SPECIFIC NEW MATTER 12. The averments contained in Paragraphs 1 through 11 are incorporated by reference herein as if set forth in their entirety. 13. Rule 1019 (a) requires that a party state in a concise and summary form the material facts upon which a cause of action or defense is based. 14. Defendant's New Matter raises numerous affirmative defenses, but fails to set forth the material facts giving rise to such defenses as required by Rule 1019 (a). 15. The Pennsylvania Supreme Court's holding in Connor v. Allegheny General Hospital stands for the proposition that preliminary objections should remedy general averments in pleadings. 461 A.2d 600 (1983). To deny plaintiffs this relief would in effect force a plaintiff to engage in extensive discovery to disprove a factually 380378-1 -3- unsupported allegation. Id. Rather, the court should place this burden of proof upon the defendant who wishes to assert the allegation. Id. (citing Allen, 8 Pa. D. & CAth 393). 16. The absence of any factual averments in the Defendant's New Matter clearly violates Rule 1019 (a). Thus, Defendants' New Matter is subject to a Motion To Strike. 17. Alternatively, the general and conclusory averments of Defendant's New Matter hinder the Plaintiff's ability to formulate a proper response to such claims. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue an Order striking Defendant's New Matter, or in the alternative, require that the Defendant provide a more specific New Matter because of Defendant's failure to plead any factual averments in accordance with Rule 1019 (a). Respectfully Submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By:'?_ - Clark De ere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Dated: July _17, 2007 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 380378-1 -4- CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Plaintiff's Preliminary Objections to Defendant Jason Wickerham's Answer With New Matter with reference to the foregoing action by first class mail, postage prepaid on the following: Adam L. Seiferth, Esquire Cipriani & Werner, P.C. Suite 201 1011 Mumma Road Lemoyne, PA 17043-1145 Counsel for Jason Wickerham Dennis J. Bonetti, Esquire Cipriani & Werner, P.C. Suite 201 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Counsel for Allied Mechanical Contractors, Inc. Richard L. Webber, Jr., Esquire Weigle and Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 Counsel for Orky's, Inc. and Richard L. Ordway Clark DeVere, Esquire Date: July .0- , 2007 380434-1 e-? p ?' - ? n £? ? 1' ? fi3 ? Oil ? r ' -[ ' ? ? ? t?- " ? ? ' l ' " '.. 4J ? L . - ..'(1 i.? ? ?? _% ? ? c.,a PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Jesse Henry (Plaintiff) vs. Jason Wickerham; Allied Mechancial Contractors, Inc.; Orky's, Inc.; Richard L. Ordway, Individually and t/d/b/a Orky' s , Inc. (Defendant) No. 07-1065 , Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Preliminary Objections to Defendant Jason Wickerham's Answer With New Matter 2. Identify counsel who will argue cases: (a) for plaintiff. Mark neVere, F.a g»irP (Name and Address) 3211 North Front RtrPPt r P-0- Box 5100, Rarri Ghrnrg _ PA 17110 (b) for defendant: Adam SP; ferth, Esc}ui re (Name and Address) ,qui tP 201- 1Q11 Momma Rnad, T PmoynPt PA 17Q41 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signs n Clark DeVere, Esquire Print your name Jesse Henry, Plaintiff Date: d, l,7- '7t Z 00:2 Attorney for - - -- dip CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Praecipe For Listing Case For Argument with reference to the foregoing action by first class mail, postage prepaid on the following: Adam L. Seiferth, Esquire Cipriani & Werner, P.C. Suite 201 1011 Mumma Road Lemoyne, PA 17043-1145 Counsel for Jason Wickerham Dennis J. Bonetti, Esquire Cipriani & Werner, P.C. Suite 201 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Counsel for Allied Mechanical Contractors, Inc. Richard L. Webber, Jr., Esquire Weigle and Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 Counsel for Orky's, Inc. and Richard L. Ordway Clark DeVere, T squire - Date: July '2? 1 2007 380434-1 a s' •: i"' ra y • gg d iti Y C- c:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, Plaintiff v. Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., Defendants CASE NUMBER: 07-1065 ISSUE NUMBER: PLEADING: RESPONSE OF DEFENDANT, JASON WICKERHAM, TO PRELIMINARY OBJECTIONS TO ANSWER AND NEW MATTER OF PLAINTIFF, JESSE HENRY CODE AND CLASSIFICATION: FILED ON BEHALF OF: Jason Wickerham and Allied Mechanical Contractors, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, CASE NO: 07-1065 Plaintiff V. Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., Defendants RESPONSE OF DEFENDANT, JASON WICKERHAM, TO PRELIMINARY OBJECTIONS TO ANSWER AND NEW MATTER OF PLAINTIFF, JESSE HENRY AND NOW, comes Defendant, Jason Wickerham, by and through his counsel, Cipriani & Werner, and responds to the Preliminary Objections to Answer and New Matter of Plaintiff, Jesse Henry, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is specifically denied that Plaintiff's Preliminary Objections pursuant to Pa.R.C.P. 1028(a) and applicable law should be granted. I. RESPONSE TO MOTION TO STRIKE PARAGRAPH 7, 9 - 10,12 - 21, AND 36 OF DEFENDANT'S ANSWER OR, IN THE ALTERNATIVE, MOTION FOR MORE SPECIFIC ANSWER 7. Defendant, Mr. Wickerham, incorporates its response to paragraphs 1 - 6 above herein as if fully set forth at length in response to paragraph 7. 8. Denied as stated. Pennsylvania Rule of Civil Procedure 1029(e)(1) states as follows: (e) In an action seeking monetary relief for bodily injury, death or property damage, averments in a pleading to which a responsive pleading is required may be denied generally except the following averments of fact which must be denied specifically: (1) averments relating to the identity of the person by whom a material act was committed, the agency or employment of such person and the ownership, possession or control of the property or instrumentality involved; ... 9. Admitted in part and denied in part. It is admitted that the Defendant, Jason Wickerham, has denied paragraph 7, 9 - 10, and 12 - 21 of Plaintiff's Complaint pursuant to Pa.R.C.P. 1029(e). It is specifically denied that Defendant, Jason Wickerham, generally denied paragraph 36 in its Answer to Plaintiff's Complaint. To the contrary, Defendant, Mr. Wickerham, denied paragraph 36 as stating a legal conclusion to which no response is required and as a general denial pursuant to Pa.R.C.P. 1029(e). By way of further answer, paragraphs 7, 10, 12 - 21, and 36 of Plaintiff's Complaint do not allege facts relating to identity, agency or employment, or ownership, possession or control, which requires a specific denial under Pa.R.C.P. 1029(e)(1). By way of further response, Defendant, Mr. Wickerham, concedes that paragraph 9 is an allegation pertaining to possession or control and, therefore, Defendant, Mr. Wickerham, requests leave to amend his Answer to paragraph 9 of Plaintiff's Complaint accordingly. Additionally, Defendant, Mr. Wickerham, requests leave to amend his Answer to paragraph 36 of Plaintiff's Complaint with regard to the allegation that Defendant, Mr. Wickerham, was an employee of Defendant, Allied Mechanical Services, Inc., only. 10. Denied. It is specifically denied that Defendant, Mr. Wickerham's, denial to paragraphs 7, 10, 12 - 21, and 36 pursuant to Pa.R.C.P. 1029(e) is in violation of said Rule. To the contrary, the allegations in said paragraphs do not allege facts pertaining to the identity of a person, agency or employment, or the ownership, possession or control of the property or instrumentality involved. Therefore, Plaintiff's Motion to Strike said paragraphs should be denied. By way of further response, Defendant, Mr. Wickerham, concedes that paragraph 9 is an allegation pertaining to possession or control and, therefore, Defendant, Mr. Wickerham, requests leave to amend his Answer to paragraph 9 of Plaintiff's Complaint accordingly. Additionally, Defendant, Mr. Wickerham, requests leave to amend his Answer to paragraph 36 of Plaintiff's Complaint with regard to the allegation that Defendant, Mr. Wickerham, was an employee of Defendant, Allied Mechanical Services, Inc., only. 11. Denied. The general denial pursuant to Pa.R.C.P. 1029(e) to paragraphs 7, 10, 12 - 21, and 36 of the Complaint is proper. Furthermore, Plaintiff does not have an obligation under the Pennsylvania Rules of Civil Procedure to respond to Defendant, Wickerham's, answers to said paragraphs. By way of further response, Defendant, Mr. Wickerham, concedes that paragraph 9 is an allegation pertaining to possession or control and, therefore, Defendant, Mr. Wickerham, requests leave to amend his Answer to paragraph 9 of Plaintiff's Complaint accordingly. Additionally, Defendant, Mr. Wickerham, requests leave to amend his Answer to paragraph 36 of Plaintiff's Complaint with regard to the allegation that Defendant, Mr. Wickerham, was an employee of Defendant, Allied Mechanical Services, Inc., only. WHEREFORE, Defendant, Jason Wickerham, respectfully requests that this Honorable Court deny, in part, Plaintiff's Motion to Strike and/or Motion for a More Specific Answer, and allow Defendant, Mr. Wickerham, to amend his Answer to paragraphs 9 and 36. II. RESPONSE TO MOTION TO STRIKE DEFENDANT'S NEW MATTER OR, IN THE ALTERNATIVE, MOTION FOR A MORE SPECIFIC NEW MATTER 12. Defendant, Mr. Wickerham, incorporates its response to paragraphs 1 - 11 above herein as if fully set forth at length in response to paragraph 12. 13. Admitted with clarification. Pennsylvania Rule of Civil Procedure 1019(a) states, "The material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 14. Denied. It is specifically denied that the New Matter of Defendant, Mr. Wickerham, fails to set forth the material facts in violation of Rule 1019(a). To the contrary, the New Matter of Defendant, Mr. Wickerham, succinctly advises Plaintiff of the material facts upon which his defenses are based. Furthermore, pursuant to Pa.R.C.P. 1030 and 1032, a defendant must plead affirmative defenses or risk waiving an appropriate affirmative defense, which result would severely prejudice Defendant, Mr. Wickerham. By way of further response, even if defendant's New Matter does not contain facts supporting an affirmative defense, but rather contains merely conclusions of law, no denial is required because such averments are deemed to be denied. Gotwalt v. Dellinger, 577 A.2d 623 (Pa. Super. 1990); Adams v. Adams, 39 Cumb. 507 (1989). Therefore, Defendant, Wickerham, is not required or obligated to plead any additional material facts. 15. Denied. The allegations contained in paragraph 16 contain conclusions of law to which no answer is required and the same are, therefore, denied. To the extent a further response r is required, the New Matter of Defendant, Wickerham, sets forth with the requisite specificity his defenses and other material facts pertaining to Plaintiff's limited tort selection pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, Plaintiff's comparative negligence, the nature and extent of Plaintiff's injuries, and the liability of third parties. These defenses are also well within Plaintiff's knowledge, and Plaintiff's assertion that he must engage in extensive discovery is disingenuous. In addition, the New Matter appropriately sets forth the affirmative defenses which must be pled, or waived, pursuant to Pa.R.C.P. 1030 and 1032. 16. Denied. The allegations contained in paragraph 16 contain conclusions of law to which no answer is required and the same are, therefore, denied. To the extent a further response is required, the New Matter of Defendant, Mr. Wickerham, adequately states the factual averments upon which his defenses are based. By way of further response, Defendant, Mr. Wickerham, incorporates his response to paragraph 15 above. Therefore, Plaintiff's Motion to Strike should be denied. 17. Denied. The allegations contained in paragraph 17 contain conclusions of law to which no answer is required and the same are, therefore, denied. To the extent a further response is required, the New Matter of Defendant, Mr. Wickerham, adequately states the factual averments upon which his defenses are based. By way of further response, Defendant, Mr. Wickerham, incorporates his response to paragraph 15 above. WHEREFORE, Defendant, Jason Wickerham, respectfully requests that this Honorable Court deny Plaintiff's Motion to Strike New Matter and/or Motion for a More Specific New Matter. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: DENNIS J. BONETTI ESI'UIRE ADAM L. SEIFERT , ES UIRE Counsel for the Defen ts, Jason Wickerham A JURY TRIAL IS DEMANDED and Allied Mechanical Contractors, Inc. CERTIFICATE OF SERVICE That counsel for the Defendants, Jason Wickerham and Allied Mechanical Contractors, Inc., hereby certifies that a true and correct copy of its RESPONSE OF DEFENDANT, JASON WICKERHAM, TO PRELIMINARY OBJECTIONS TO ANSWER AND NEW MATTER OF PLAINTIFF, JESSE HENRY has been served on all counsel of record, by first class mail, posts pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the ? day of , 2007. Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. DENNIS J. BONETTI, E Q E ADAM L. SEIFERTH, Q IRE Counsel for the Defends s ason Wickerham and Allied Mechanical Contractors, Inc. ;.;.!`, C3, - W ? ? f JESSE HENRY, Plaintiff vs. JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, : INC.; ORKY' S, INC.' RICHARD L.: ORWAY, Individually and t/d/b/a ORKY'S, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1065 CIVIL JURY TRIAL DEMANDED IN RE: PRELIMINARY OBJECTIONS OF PLAINTIFF TO DEFENDANT JASON WICKERHAMS' ANSWER WITH NEW MATTER BEFORE HESS OLER AND EBERT J.J. ORDER AND NOW, this 30 ` day of November, 2007, the preliminary objections of the plaintiff are GRANTED to the extent that: The defendant, Jason Wickerham, shall file a more specific answer with regard to paragraphs 9, 10, 12, 15-21, and 36. 2. The preliminary objection in the nature of a request for a more specific pleading is GRANTED as to defendant's new matter, paragraphs 50 and 54. In the event that a more specific pleading is not filed within twenty (20) days, said paragraphs shall be deemed stricken. BY THE COURT, a c h g ? LOU h "?Hi _, ark DeVere, Esquire For the Plaintiff ennis J. Bonetti, Esquire Adam L. Seiferth, Esquire For Defendants Wickerham and Allied Mechanical Contractors ichard L. Webber, Jr., Esquire For Defendant Richard L. Ordway and Orky's Inc. :rlm METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA (717) 238-8187 JESSE HENRY, vs. 17110-0300 Plaintiff JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY' S, INC. Defendants Attorneys for Plaintiff Jesse Henry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL ANSWERS AND THE PRODUCTION OF DOCUMENTS IN RESPONSE TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON DEFENDANTS ORKY'S, INC. AND RICHARD L. ORDWAY, INDIVIDUALLY AND T/DB/A ORKY'S, INC. Plaintiff, Jesse Henry, through his undersigned counsel, moves this Court pursuant to Pennsylvania Rule of Civil Procedure No. 4019 for an Order compelling Defendants Orky's, Inc. and Richard L. Ordway, Individually and t/d/b/a Orky's, Inc. to serve upon the undersigned complete responses and documents to Plaintiff's First Request for Production of Documents and First Set of Interrogatories served upon said Defendants on or about May 9, 2007 and, in support thereof, avers as follows:. 388693-1 1. On February 27, 2007, Plaintiff filed the above-captioned action against Defendants for injuries Plaintiff Jesse Henry sustained in a motor vehicle accident on August 5, 2006. 2. On April 19, 2007, Richard L. Webber, Esquire of the law firm of Weigle & Associates, P.C. entered his appearance on behalf of the Defendants Orky's, Inc. and Richard L. Ordway, Individually and t/d/b/a Orky's, Inc. 3. On May 9, 2007, Plaintiff served a First Set of Interrogatories and First Request for Production of Documents Directed to Defendants Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc. A copy of the letter serving the Request for Production of Documents and Interrogatories is attached hereto as Exhibit "A". 4. Defendants' responses and documents to the First Request for Production of Documents and Interrogatories were due within thirty (30) days after service of the aforesaid discovery or no later than June 9, 2007. 5. On June 26, 2007, Plaintiff's counsel sent a letter to said Defendants' counsel indicating that they had not received the discovery responses and to either forward the responses or contact him with a reasonable date in which they could expect to receive same (see Exhibit "B" attached hereto). 6. On September 14, 2007, Plaintiff's counsel sent another letter to said Defendants' counsel inquiring as to the responses to the discovery requests (see Exhibit "C"). 7. Approximately seven months have passed and Defendants have not served any answers/documents in response to the foregoing discovery requests nor have they served any objections to the discovery. 8. Plaintiff's discovery requests are relevant to the within action. 388693-1 9. Plaintiff's discovery requests are within the scope of discovery pursuant to Pa. R.C.P. No. 4003.1, et seq. 10. Pennsylvania Rules of Civil Procedure Nos. 4019(a)(1)(i) and (vii) allow Plaintiffs to move to compel discovery responses, as well as move for sanctions if the requested discovery answers/documents are not produced within thirty (30) days after service of the Interrogatories and Requests. 11. The Honorable Kevin Hess is familiar with this case as he issued an Order on November 30, 2007 regarding the disposition of Preliminary Objections. WHEREFORE, Plaintiff Jesse Henry respectfully requests that this Court enter an Order compelling Defendants, Orky's, Inc. and Richard L. Ordway, Individually and t/d/b/a Orky's, Inc. to serve upon the undersigned full and complete verified answers and responsive documents to Plaintiff's First Set of Interrogatories and Request for Production of Documents within ten (10) days or suffer appropriate sanctions upon further application to this Court. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: - Clark eVere, squire Atty. I.D. No. 68768 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: tz/4/0? 388693-1 May 9, 2007 Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 Re: Henry v. Wickerham No. 07-1065 Dear Mr. Webber: SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Lancaster Mechanicsburg 717-431-0138 717-691-5577 Shippensburg York 717-530-7515 717-843-0502 Wilkes-Barre 570-825-7500 Enclosed are the following: 1. Plaintiff's First Request for Production of Documents Directed to Defendants Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc.; and 2. Plaintiff's First Set of Interrogatories Propounded Upon Defendants Orky's, Inc., ' Richard L. Ordway, Individually and t/d/b/a Orky's, Inc. Kindly respond to same within the guidelines established under the Pennsylvania Rules of Civil Procedure. Thank you. P Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere CDV/sks Enclosures cc: Dennis J. Bonetti, Esquire (w/encl.) Jason Wickerham (w/encl.) 376391-1 James F. Carl Edward E. Knauss, IV* Clark DeVere' Francis J. Lafferty, IV Andrew W. Norfleet Robert P. Grubb Of Counsel * Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy Q), June 26, 2007 Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 Re: Henry v. Wickerham No. 07-1065 Dear Mr. Webber: FIRST REMINDER NOTICE SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Other Offices Lancaster Mechanicsburg 717-431-0138 717-691-5577 Shippensburg York 717-530-7515 717-843-0502 Wilkes-Barre 570-825-7500 We served a set of discovery on your clients, Orky's, Inc. and Richard L. Ordway, Individually on May 9, 2007. To date, we have not received responses to the discovery. Kindly forward the responses or contact me with a reasonable date in which we can expect to receive same. 0 Thank you. . Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere CDV/sks 378830-1 James F. Carl Edward E. Knauss, IV* Clark DeVere' Francis J. Lafferty IV Andrew W. Norfleet Robert P. Grubb Of Counsel * Board Certified in civil trial law and advocacy by the National Board of Trial Advoracu C), September 14, 2007 Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 Re: Henry v. Wickerham No. 07-1065 Dear Mr. Webber: Other Offices Lancaster Mechanicsburg 717-431-0138 717-691-5577 Shippensburg York 717-530-7515 717-843-0502 Wilkes-Barre 570-825-7500 We served a set of discovery on your clients, Orky's, Inc. and Richard L. Ordway, Individually on May 9, 2007. A reminder letter was sent to you on June 26, 2007 letting you know that we did not receive responses to the discovery. Four months have passed, and we still have not received responses to Plaintiff's discovery requests. Kindly forward the responses or contact me with a reasonable date in which we can expect to receive same so that I am not forced to file a Motion with the Court. Thank you. P Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere CDV/sks cc: Dennis Bonetti, Esquire 383215-1 3211 North Front Street SECOND REMINDER NOTICE P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 ................ James F. Carl Edward E. Knauss, IV* Clark DeVere+ Francis J. Lafferty, IV Andrew W. Norfleet Robert P. Grubb Of Counsel * Board Certified in civil trial law and advocacy by the National Board ..OTf l na,.,,-, 6) CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Motion to Compel Discovery Responses with reference to the foregoing action by first class mail, postage prepaid, this ( IA- day of December, 2007, upon the following: Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 (Counsel for Defendants Orky s, Inc. and Richard L. Ordway) Dennis J. Bonetti, Esquire Cipirani & Wener, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Counsel for Defendants Allied Mechanical Contractors, Inc. and Jason Wickerham) METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire 388693-1 c7d a„^ -t CD -1 DEC 12 20070 g METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Jesse Henry JESSE HENRY, VS. Plaintiff JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY'S, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER cc: Plaintiff's Motion to Compel, it is hereby ORDERED that Defendants Orky's, Inc. and Richard L. Ordway, Individually and t/d/b/a Orky's, Inc. provide full and complete answers and documents to Plaintiffs' First Set of Interrogatories and Request for Production of Documents 144., Jj (2--*) within Wa444) days of service of this Order. Failure to comply with this Order will result in sanctions as provided by Pa.R.C.P. No. 4019. AND NOW, this / /r day of D,*?"- , 2007, upon consideration of BY THE COURT: I - f 1e? z etZ 1,?, e.tZer corn J. Clark DeVere, Attorney for Plai iffs chard L. Webber, Jr., Esquir - Attorney for Defendants Orkv's_ Inc. and Richard L. Ordway, In vidually and t/d/b/a Orky's, Inc nnis J. Bonetti, Esquire - Attorney for Defendants Jason Wickerhai? and Allied Mechanical Contractors, Inc. 388693-1 2897 DEC 17 AM !Q. 5 4 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Jesse Henry JESSE HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY'S, INC. Defendants JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of , 2007, upon consideration of Plaintiffs' Motion to Compel Answers and the Production of Documents in Response to Plaintiffs' First Set of Interrogatories and Request for Production of Documents, a Rule is entered upon Defendants to show cause, if any they have, why the relief requested in said Motion should not be granted. Rule returnable days from service. BY THE COURT: J. Clark DeVere, Attorney for Plaintiffs Richard L. Webber, Jr., Esquire - Attorney for Defendants Orky's, Inc. and Richard L. Ordway, Individually and t/d/b/a Orky's, Inc. Dennis J. Bonetti, Esquire - Attorney for Defendants Jason Wickerham and Allied Mechanical Contractors, Inc. 73-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, Plaintiff V. CASE NUMBER: 07-1065 ISSUE NUMBER: PLEADING: Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. AMENDED ANSWER WITH NEW Ordway, Individually and t/d/b/a Orky's, MATTER AND CROSSCLAIM OF Inc., DEFENDANT, JASON WICKERHAM Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: Jason Wickerham, Defendants. COUNSEL OF RECORD: TO: PLAINTIFF, ORKY'S, INC., RICHARD L. DENNIS J. BONETTI, ESQUIRE ORDWAY, INDIVIDUALLY AND T/D/B/A ORKY'S, Pa. ID# 34329 INC. YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED AMENDED ANSWER WITH NEW MATTER AND CROSSCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BEXNTERED AGAINST YOU. _ _ - n E ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, CASE NO: 07-1065 Plaintiff V. Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., Defendants AMENDED ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT, JASON WICKERHAM AND NOW, comes Defendant, Jason Wickerham ("Mr. Wickerham"), by and through his counsel, Cipriani & Werner, and hereby files the foregoing Amended Answer with New Matter and Crossclaim to Plaintiffs Complaint. 1. Denied. After reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiff's Complaint and the same are therefore denied. 2. Denied as stated. Mr. Wickerham is an adult individual, who is currently incarcerated in the Cumberland County Prison, 1101 Clermont Road, Carlisle, PA, 17013. 3. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 3 pertain to a party other than Mr. Wickerham and therefore, no answer is required. 4. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 4 pertain to a party other than Mr. Wickerham and therefore, no answer is required. 5. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 5 pertain to a party other than Mr. Wickerham and therefore, no answer is required. 6. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 6 pertain to a party other than Mr. Wickerham and therefore, no answer is required. 7. Denied. The averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 8 pertain to a party other than Mr. Wickerham and therefore, no answer is required. By way of further answer, the averments contained in paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e). 9. Admitted. 10. Admitted upon information and belief. 11. The averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 12. Admitted. 13. Denied. The averments contained in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). 14. Denied. The averments contained in paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e). 15. Admitted. 16. Admitted in part and denied in part. It is admitted that Mr. Wickerham was apprehended by the Carroll Township Police. It is specifically denied that Mr. Wickerham fled the scene of the accident as alleged. To the extent a further answer is required, the allegations of paragraph 16 are denied pursuant to Pa.R.C.P. 1029(e). 17. Admitted with clarification. It is admitted that Mr. Wickerham was charged with various offenses. By way of further answer, Mr. Wickerham pled guilty to Driving Under the Influence, General Impairment with Accident. To the extent a further answer is required, the remaining averments contained in paragraph 17 are denied pursuant to Pa.R.C.P. 1029(e). 18. Denied. After reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the results of the alleged breath alcohol test. By way of further answer, it is believed that the breath alcohol test was ineffective. To the extent a further answer is required, the averments contained in paragraph 18 are denied pursuant to Pa.R.C.P. 1029(e). 19. Admitted in part and denied in part. Mr. Wickerham admits that he consumed alcohol at Orky's. After reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the alleged conversations between the Carroll Township Police Officer and Mr. Anielewski. To the extent a further answer is required, the remaining averments contained in paragraph 19 are denied pursuant to Pa.R.C.P. 1029(e). 20. Denied. After reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the alleged statement of Mr. Anielewski. To the extent a further answer is required, the averments contained in paragraph 19 are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 21 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 21 are denied pursuant to Pa.R.C.P. 1029(e). COUNTI Jesse Henry v. Jason Wickerham 22. Denied. Mr. Wickerham hereby incorporates his answers to paragraphs 1 - 21 above as though fully set forth herein at length. 23. Denied. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 23 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 23 are denied pursuant to Pa.R.C.P. 1029(e). 24. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 24 including sub-paragraphs (a) through (cc) inclusive state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 24 including sub-paragraphs (a) through (cc) inclusive are denied pursuant to Pa.R.C.P. 1029(e). 25. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 25 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 25 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 26. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 26 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 26 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 27. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 27 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 27 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 28. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 28 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 28 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 29. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 29 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 29 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 30. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 30 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 30 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 31. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 31 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 31 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of damages suffered by Plaintiff and the same is therefore denied. 32. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 32 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 32 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of damages suffered by Plaintiff and the same is therefore denied. 33. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 33 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 33 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. 34. Mr. Wickerham advised by counsel and therefore avers that the allegations contained in paragraph 34 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, the averments contained in paragraph 34 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Mr. Wickerham is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore denied. WHEREFORE, Jason Wickerham demands judgment in his favor and against Plaintiff without costs. COUNT II Plaintiff, Jesse Henry v. Defendant, Allied Mechanical Contractors, Inc. 35. Denied. Mr. Wickerham hereby incorporates his answers to paragraphs 1 - 34 above as though fully set forth herein at length. 36. Admitted in part and denied in part. Mr. Wickerham admits that he was an employee of Defendant, Allied Mechanical Contractors, Inc., on August 5, 2006. With regard to the remaining allegations of paragraph 36, Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 36 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 36 are denied pursuant to Pa.R.C.P. 1029(e). 37. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 37 including sub-paragraphs (a) through (i) inclusive pertain to a party other than Mr. Wickerham and therefore, no answer is required. By way of further answer, Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 37 including sub-paragraphs (a) through (i) inclusive state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 37 including sub-paragraphs (a) through (i) inclusive are denied pursuant to Pa.R.C.P. 1029(e). 38. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 38 pertain to a party other than Mr. Wickerham and therefore, no answer is required. By way of further answer, Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraph 38 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 38 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Jason Wickerham demands judgment in his favor and against Plaintiff without costs. COUNT III Plaintiff, Jesse Henry v. Defendants, Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orkv's, Inc. 39. Denied. Mr. Wickerham hereby incorporates his answers to paragraphs 1 - 38 above as though fully set forth herein at length. 40-45. Denied. Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraphs 40 - 45 pertain to a party other than Mr. Wickerham and therefore, no answer is required. By way of further answer, Mr. Wickerham is advised by counsel and therefore avers that the allegations contained in paragraphs 40 - 45 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraphs 40 - 45 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Jason Wickerham demands judgment in his favor and against Plaintiff without costs. NEW MATTER 46. Plaintiff's claims may be barred by the applicable statute of limitations. 47. Any damages Plaintiff may recover in this action should be reduced or barred, in whole or in part, by the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 48. Any damages Plaintiff may recover in this action should be reduced or barred, in whole or in part, by his election of "limited tort" under the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 49. Plaintiff's alleged injuries do not constitute a "serious injury" pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 50. Plaintiff's alleged injuries and damages, if any, which are specifically denied, may have been caused, either in whole or in part by the acts or omissions of Defendants, Richard L. Ordway and/or Orky's. Inc. 51. Plaintiff's alleged injuries and damages, if any, which are specifically denied, may have been pre-existing, either in whole or in part and are not causally related to the accident giving rise to the present litigation. 52. Plaintiff's claims are reduced or barred by the Comparative Negligence Act. Plaintiff's contributory negligence consisted of, but is not limited to: a. Failing to keep a proper lookout; b. Failing to pay attention to vehicles on the roadway; and c. Failing to take evasive maneuvers in an attempt to avoid the alleged impact. 53. It is believed and therefore averred that the imposition of punitive damages is unconstitutional under either the United States Constitution or the Constitution of the Commonwealth of Pennsylvania. NEW MATTER IN THE NATURE OF A CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(D) 54. Mr. Wickerham incorporates Plaintiff's Complaint without admission or adoption and his answer to Plaintiff's Complaint as though the same were fully set forth herein at length. 55. In the event that any liability is found to exist on the part of Mr. Wickerham, which liability is specifically denied, then Defendant, Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orky's, Inc., is liable over to Mr. Wickerham for contribution and/or indemnification or is jointly and severally liable to Plaintiff. 56. In the event that harm, losses or damages alleged by Plaintiff are found to exist, which are specifically denied, then Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orky's, Inc., is solely liable to Plaintiff for the harm, losses or damages to Plaintiff, or is liable over to Mr. Wickerham for contribution and/or indemnification, or is jointly and severally liable to Plaintiff. WHEREFORE, Jason Wickerham demands judgment in his favor and against Orky's, Inc. and Richard L. Ordway, individually and t/d/b/a Orky's, Inc., without costs. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: DENNIS J. O , ADAM L. SEIFERT , E QUIRE Counsel for the Defe an , Jason Wickerham A JURY TRIAL IS DEMANDED and Allied Mechanical ontractors, Inc. VERIFICATION I hereby affirm that the following facts are correct: I am counsel for Defendant, "Jason Wickerham" in the foregoing action and I am authorized to make this verification on behalf of the Defendant. I have read the Amended Answer and New Matter and verify that the information contained therein is true and correct to the best of my knowledge, information and belief. This verification is made by me instead of Defendant, since the facts stated in the Amended Answer and New Matter are better known to me. I hereby acknowledge that the facts set forth in the aforesaid Amended Answer and New Matter are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: p?- ?R ?aoO7 L Adam L. Seiferth, Esquirek ou el for Defendant, "Jason Wicker " CERTIFICATE OF SERVICE That counsel for the Defendants, Jason Wickerham and Allied Mechanical Contractors, Inc., hereby certifies that a true and correct copy of its AMENDED ANSWER WITH NEW MATTER AND CROSSCLAIM ON BEHALF OF JASON WICKERHAM has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the --[ Vii-- day of I eee r A A!/' , 2007. Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: DENNIS J. BONETTI, E?QUJRE ADAM L. SEIFERTH, QU E Counsel for the Defendan son Wickerham and Allied Mechanical Contractors, Inc. ? ? O G ?' ?? ?? ?' ? ? n . p C?Y ?? ?,, ?=: ?' '?J C METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 JESSE HENRY, Plaintiff vs. Attorneys for Plaintiff Jesse Henry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY'S, INC. Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT WICKERHAM'S AMENDED NEW MATTER AND CROSSCLAIM 46. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, the earliest Statute of Limitations expiration date which would apply to this case would be August 5, 2008. The Complaint was filed in this action on February 27, 2007 and was timely served well before the expiration of any applicable Statute of Limitations. 47. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, the answering Defendant has failed to identify the specific sections or provisions of the Pennsylvania 389698-I Motor Vehicle Responsibility Act he is referring to and Plaintiff cannot more specifically reply. However, it is denied that said Act would reduce or bar any/or all of the claims raised against answering Defendant. 48. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, answering Defendant has admitted in Paragraph 17 of his Amended Answer that he pled guilty to Driving Under the Influence, General Impairment with Accident as a result of this accident. The Plaintiff also incorporates herein by reference paragraph 31 of his Complaint filed in this action as if fully set forth in. 49. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, answering Defendant has admitted in Paragraph 17 of his Amended Answer that he pled guilty to Driving Under the Influence, General Impairment with Accident as a result of this accident. The Plaintiff also incorporates herein by reference paragraph 31 of his Complaint filed in this action as if fully set forth in. 50. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied as stated and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff has alleged in his Complaint filed in this action that answering Defendant's Co- Defendants are also liable for this accident and his injuries/damages, either individually and/or jointly and severally. 51. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiff's injuries were traumatic in nature caused by the accident on August 5, 2006. 389698-1 52.(a)-(c). Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). By way of further reply, Plaintiff was not negligent in any manner. 53. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, punitive damages are allowable in this case, both under State and Federal law. WHEREFORE, Plaintiff, Jesse Henry demands that Defendant Jason Wickerham's Amended New Matter be dismissed and that judgment be entered in favor of Plaintiff and against Defendant Wickerham, either individually and/or jointly and severally, as requested in the Complaint filed in this action. PLAINTIFF'S REPLY TO DEFENDANT WICKERHAM'S CROSSCLAIM 54.-56. The Crossclaim is directed to Co-Defendants Orky's, Inc. and Richard L. Ordway individually and trading and doing business as Orky's, Inc. and Plaintiff is not required to reply. To the extent Plaintiff must reply, answering Defendant Wickerham is liable to Plaintiff for his injuries, losses and damages as set forth in the Complaint filed in this action, either individually and/or jointly and severally. WHEREFORE, Plaintiff Jesse Henry demands that Defendant Jason Wickerham's Crossclaim be dismissed and that judgment be entered in favor of Plaintiff and against Defendant 389698-1 Wickerham, either individually and/or jointly and severally, as requested in the Complaint filed in this action. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. B Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: January 7, 2008 38908-I VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff, Jesse Henry, and that the facts in the foregoing Plaintiff's Reply to Defendant Wickerham's Amended New Matter and Crossclaim, are true and correct to the best of his knowledge, information and belief, and that said matters relating to the Plaintiff's Reply to Defendant Wickerham's Amended New Matter and Crossclaim are as known to the undersigned as to the client, Plaintiff, Jesse Henry, said knowledge being based upon information contained in the attorney's files in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Clar DeYere, Esquire Date: January 7, 2008 389698-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Reply to Defendant Wickersham's Amended New Matter and Crossclaim with reference to the foregoing action by first class mail, postage prepaid, this 7th day of January, 2008 on the following: VIA FIRST CLASS MAIL Dennis J. Bonetti, Esquire Adam L. Seiferth, Esquire Cipirani & Wener, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Counsel for Defendants Allied Mechanical Contractors, Inc. and Jason Wickerham) Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 (Counsel for Defendants Orky's, Inc. and Richard L. Ordway) METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire 389698-/ _A C, METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JESSE HENRY, VS. JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY'S, INC. Defendants Attorneys for Plaintiff Jesse Henry NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification for the Verification of counsel on Plaintiff's Reply to Defendant Wickerham's Amended New Matter and Crossclaim. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquir Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: January 9, 2008 390533-/ VERIFICATION I, Jesse Henry, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiff s Reply to Defendant Wickersham's Amended New Matter and Crossclaim are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiff s Reply to Defendant Wickersham's Amended New Matter and Crossclaim is that of counsel and not my own. I have read the Plaintiff s Reply to Defendant Wickersham's Amended New Matter and Crossclaim, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Plaintiff's Reply to Defendant Wickersham's Amended New Matter and Crossclaim is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs Reply to Defendant Wickersham's Amended New Matter and Crossclaim are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: I /1102 ` J 65K Henry 389698-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Praecipe to Substitute Verification with reference to the foregoing action by first class mail, postage prepaid, this 9th day of January, 2008 on the following: VIA FIRST CLASS MAIL Dennis J. Bonetti, Esquire Adam L. Seiferth, Esquire Cipirani & Wener, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Counsel for Defendants Allied Mechanical Contractors, Inc. and Jason Wickerham) Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 (Counsel for Defendants Orky's, Inc. and Richard L. Ordway) METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark De er , wire 390533-1 cam C? "4'7 t _ ?'?` C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, CASE NUMBER: 07-1065 Plaintiff ISSUE NUMBER: V. PLEADING: Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. PRAECIPE FOR Ordway, Individually and t/d/b/a Orky's, WITHDRAWAL/ENTRY OF Inc., APPEARANCE Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: Jason Wickerham and Allied Mechanical Contractors, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID# 34329 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Jesse Henry, CASE NO: 07-1065 Plaintiff V. Jason Wickerham, Allied Mechanical Contractors, Inc., Orky's, Inc., Richard L. Ordway, Individually and t/d/b/a Orky's, Inc., Defendants PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly withdraw my appearance on behalf of the Defendants, Jason Wickerham and Allied Mechanical Contractors, Inc., in the above-captioned matter. Respectfully submitted, WERNER, P.C. BY: =IS J. BONETTI, ESQUIRE ttomey for the Defendants A JURY TRIAL IS DEMANDED Jason Wickerham and Allied Mechanical Contractors, Inc. PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendants, Jason Wickerham and Allied Mechanical Contractors, Inc., in the above-captioned matter. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: "ADAM L. 9EIFERTI Attorney for the Defei A JURY TRIAL IS DEMANDED Jason Wickerham and Contractors, Inc. CERTIFICATE OF SERVICE That counsel for the Defendants, Jason Wickerham and Allied Mechanical Contractors, Inc., hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class maid, postage pre- paid, a ording to the Pennsylvania Rules of Civil Procedure, on the c-,52?- day of 2008. Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: LAJDLOW ADAM L. S DENNIS J. BONETTI, ESQI Attorney for the Defendants) Jason Wickerham and Allied Contractors, Inc. v .. c_ 7OR N al - i ....?, jam.! •' METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Jesse Henry JESSE HENRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-1065 CIVIL TERM CIVIL ACTION - LAW JASON WICKERHAM; ALLIED MECHANICAL CONTRACTORS, INC.; ; ORKY'S, INC.; RICHARD L. ORDWAY, Individually and t/d/b/a ORKY'S, INC. Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By:o -? law Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: November 6 , 2008 408864-1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Praecipe to Settle, Discontinue and End with reference to the foregoing action by first class mail, postage prepaid, this 6; k- day of November, 2008 on the following: VIA FIRST CLASS MAIL Dennis J. Bonetti, Esquire Adam L. Seiferth, Esquire Cipirani & Wener, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (Counsel for Defendants Allied Mechanical Contractors, Inc. and Jason Wickerham) Richard L. Webber, Jr., Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 (Counsel for Defendants Orky's, Inc. and Richard L. Ordway) METZGER, WICKERSHAM, KNAUSS & ERB, P.C. l? Clark DeVere, Esquire 408864-1 t";, r.? ??- c':? ''-3 x.:? 7 - _ C..?.? ? -t _ '7 P_ ... t.:: .._ t