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Home My WebLink About01-03453 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STACEY L. HARMON 1223 Scenery Drive Mechanicsburg, PA 17055 Plaintiff : NO. (J/- 3<1S3 : v CIVIL ACTION - LAW JURY TRIAL REQUESTED BARRY LEE MUTSCHLER R.D. # 2, Box 474~K Northumberland, PA 17857 Defendant : . . : and SUN COMPANY, INC. t/d/b/a SUNOCO, INC. Ten Penn Center 1801 Market Street Philadelphia, PA 19103 Defendant . . : : : : and . . ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP 5145 Simpson Ferry Road Mechanicsburg, PA 17055 Defendant : : : : and : COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Riverfront Office Center 1101 South Front Street HarriSburg, PA 17104 Defendant : and : '7-"P'''~, "- -", ~~ ,~=""! , " ~ "" COUNTY OF NORTHUMBERLAND 201 Market Street Sunbury, PA 17801 Defendant : : and BOROUGH OF NORTHUMBERLAND 221 Second Street Northumberland, PA 17857 Defendant . . : : and . . DAWN R. RAYNES 94 Hanover Street Northumberland, PA 17857 Defendant : PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue Writ of Summons in the above-captioned action against the above-listed Defendants. Writ of Summons shall be issued and forwarded to the Attorney. Date: 6, -';;:> -0 \ /lA1 J ~ &lvIbJ' Richard F. Maffet , oJ' ., Esq. Maffett & Associates Attorney I.D. No. 35539 2201 N. Second Street Harrisburg, PA. 17110 (717) 233-4160 ;"""'-.._~ ~~~,..,..,.. ~ "' WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANTS: BARRY LEE MUTSCHLER; SUN COMPANY, INC. t/d/b/a SUNOCO, INC.; ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP; COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; and, DAWN R. RAYNES YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. t/f~tx~ rothonotary Date: ,Ji:{~ 57 JoO( By: ~J~4f ~lf)j Dep ty ^':'1'-,!,,~m;1l'<''''7"l~f;,.,~_,,'l''<'~_' ," ~, , . , ~11 "IT .,~. < ,. - ,- " ~--~ ~ -- - ~ '(g ~ -~ ~ .,. ~ O<;,J -c:::. CN -.c:- ~l \I} () ~ ~ :p ~ (") c ~ ,.. ;:xw, ~ Z::u \.)\ c::5 Z r" < I - C9~ g d ~~ ~ ~ )>~ ~ Il -I-::> it' += " . ~ o () -j. L. ~ --; . ,-, , : '~::::; .:-'::.:: <:~~S ..--'j', ~~;1 Q C)' ' --; ~ , UI -0 3: w ::> <0 Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 STACEY L. HARMON Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PA v. BARRY LEE MUTSCHLER, SUN :NO: 01-3453 COMPANY, INC. tJd/b/a SUNOCO, INC.; ATLANTIC REFINING AND MARKETING: CORPORATION tJd/b/a ATLANTIC REFINING GROUP; COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; AND DAWN R. RAYNES ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendant, Commonwealth of Pennsylvania, Department of Transportation, in the above-captioned matter. Respectfully submitted, D. MICHAEL FISHER Attorney General By: . S ARK ID #51786 uty Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: July 3, 2001 ',':fir<! _ ",_ ~ O~,~ - ~'" - . . OJ- 3153 t,) CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document( s) upon the person( s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD F. MAFFETT, JR. ESQUIRE MAFFETT & ASSOCIATES 2201 N. SECOND STREET HARRISBURG,PA 17110 717-233-4160 (Attorney for Plaintiff) ATLANTIC REFINING AND MARKETING CORPORATION tJd/b/a ATLANTIC REFINING GROUP 5145 SIMPSON FERRY ROAD MECHANICSBURG, P A 17055 BARRY LEE MUTSCHLER R.D. # 2, BOX 474-K NORTHUMBERLAND, PA 17857 COUNTY OF NORTHUMBERLAND 201 MARKET STREET SUNBURY, PA 17801 SUN COMPANY, INe. tJd/b/a SUNOCO, INC. TEN PENN CENTER 1801 MARKET STREET PHILADELPHIA, PA 19103 BOROUGH OF NORTHUMBERLAND 221 SECOND STREET NORTHUMBERLAND, PA 17857 DAWN R. RAYNES 94 HANOVER STREET NORTHUMBERLAND, PA 17857 By: Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-3148 - Direct Dial DATED: July 3, 2001 ""f~'~- . ~ ~~; ,,", -,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Stacey L. Harmon v. Barry Lee Mutschler No. 01-3453 and Sun Company, Inc., tJd/b/a Sunoco, Inc. (R&M): CIVIL ACTION - LAW and Atlantic Refining and Marketing Corporation. tJd/b/a Atlantic Refining Group and JURY TRIAL DEMANDED Commonwealth of Pennsylvania Department of Transportation and County of Northumerland and Borough of Northumberland and Dawn R. Raynes ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Barry L. Mutschler and Defendant Sunoco, Inc. (R&M), incorrectly designated in Plaintiffs Complaint as ji',~ "--~-^',' - l' ~~~!B'c ,. . "'. Defendants Sun Company, Inc. tJd/b/a Sunoco, Inc. and Atlantic Refining and Marketing Corporation tJd/b/a Atlantic Refining Group only in the above-captioned matter. LAW OFFICES OF JOHN F. FOX, JR. By: ~.f.f~/f J F. Fox, Jr., suire Attorneys for Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) Identification No. 31854 2 Penn Center - Suite 1310 Philadelphia, PA 19102 (215) 568-6868 Date: 1-2.. L./~(JI '-~,~~~\!lI~J!IO- ,~" \"- ~~~ ., - . .' I... , CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of defendants Barry Lee Mutschler and Sunoco, Inc. (R&M)'s Entry of Appearance has been served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this 1I./J' day of July, 2001. Richard F. Maffett, Jr., Esquire MAFFETT & ASSOCIATES 2201 N. Second Street Harrisburg, Pa 17110 Commonwealth of Pennsylvania Department of Transportation Riverfront Office Center 1101 South Front Street Harrisburg, Pa 17104 County of Northumberland 201 Market Street Northumerland, Pa 17801 Borough of Northumberland 221 Second Street Northumerland, Pa 17857 Dawn R. Raynes 4 Hanover Street Northumerland, Pa 17857 By: ~1.~~ hn F. Fox, Jr., squire Attomey for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) Date: 7- 2'1- "i \~~t;'-=< _"""~~_"'_ ~ ~~",.,,- "<' " ~..,.. .~~ SHERIFF'S RETURN - REGULAR , CASE NO: 2001-03453 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARMON STACEY / i ( VS MUTSCHLER BARRY LEE ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ATLANTIC REFINING AND MARKETIN CORP T/D/B/A ATLANTIC REFININ the DEFENDANT , at 1502:00 HOURS, on the 25th day of June , 2001 at 5145 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 by handing to DAVE CROSS, TERMINAL MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.68 .00 10.00 .00 36.68 .r~~ R. Thomas Kline 07/24/2001 MAFFETT & ASS Deputy S eriff Sworn and Subscribed to before By: me this . Jcr &- day of D~ ~(AD " C2. 7ruR.~,.. ifrothonotary ,~ "'~_~~"''' ". ,,", ."'1 c ~, - -' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03453 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARMON STACEY VS MUTSCHLER BARRY LEE 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: SUN COMPANY INC T/D/B/A SUNOCO but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelphia 6.00 9.00 10.00 116.00 .00 141. 00 07/24/2001 MAFFETT & ASSOCIATES So ~.ns. we,rs,' ,. .. //.:>~ ./____., .:-__::;:;? ~.~~~--/ -"'~r-:':::- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this (" IE: day of ()"1~ dZt"1! I A.D. C)1~Q ~~p, , ~ Prothonotary -",$'''1 ~ .""<;1} ~_ " . _ ., "" ~= . -"~~ . , ,- ~- . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03453 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARMON STACEY VS MUTSCHLER BARRY LEE 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: PENNSYLVANIA COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 25.50 .00 50.50 07/24/2001 MAFFETT & ASSOCIATES so_.~~s~~ R.~Kli;e Sheriff of Cumberland County Sworn and subscribed to before me this (. It- day of ~ J-trol A.D. eL,.." (). ~~ ,I Prothonotary ,. -,=~" .~ ~~ , -';-' ^' Ie " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03453 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARMON STACEY VS MUTSCHLER BARRY LEE 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: MUTSCHLER BARRY LEE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge Dep Northumberland 6.00 9.00 10.00 66.32 .00 91. 32 07/24/2001 MAFFETT & ASSOCIATES Sworn and subscribed to before me this , ..... (,- day of (:L~t1.d" ~{ A.D. ~ Q. lhA ,P,., ,u;q Prothonotary '>:~r^ =, . ~~""'~'""- I , ~~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03453 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARMON STACEY VS MUTSCHLER BARRY LEE 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: NORTHUMBERLAND COUNTY OF but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/24/2001 MAFFETT & ASSOCIATES S~. answe : ~" ' ~,.'" R. homas Kli . Sheriff of Cumberlarid County Sworn and subscribed to before me h' 'U- () t lS C. - day of "1",J-- :&0 I A.D. qY"J Q /fl."'17/. ) ~ prothonoca y "~3:-J~ ^' ~N,. c ,~- r '. ~, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03453 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARMON STACEY VS MUTSCHLER BARRY LEE 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: NORTHUMBERLAND BOROUGH OF but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/24/2001 MAFFETT & ASSOCIATES ~ R.' THomas K . e Sheri,ff of Cumberland County Sworn and subscribed to before me this (,.e day of C2r~ :l(>Qf A.D. c;Y',--go~il~ r~,."J_ ~_~~__, _ c - " ~ _. ~ Ett, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03453 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARMON STACEY VS MUTSCHLER BARRY LEE 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: RAYNES DAWN R but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 24th , 2001 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/24/2001 MAFFETT & ASSOCIATES SO~~7 R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this "If::. day of O"-r~ ;!.vol A.D. ~Q~ pr~thonotary~ 0l-,~" -" c "".>' , .~~"- ~, In The Court of Common Pleas of Cumberland County, Pennsylvania Stacey L. Harmon VS. Barry Lee Mutschler et al SERVE: Barry Lee Mutschler No. 01 3453 civil Now, June 13, 2001 , I, SHERIFF .oF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~ Sheriff of Cumberland County, P A 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 the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ;'GWiIf, p, ...l:""""~~'"~''''' ,!ll'JIIIl!__,,_ --"!,"","",! . In The Court of Common Pleas of Cumberland County, Pennsylvania Stacey L. Hannon VS. Barry Lee Mutschler et al SERVE: County of Northumberland No. 01 3453 civil Now, Jillle 13. 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. ~~~~R Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ~ ~~. " ,~.,. ~- , l~ "!. ~-r ". '.. In The Court of Common Pleas of Cumberland County, Pennsylvania Stacey L. Harmon VS. Barry Lee Mutschler et al SERVE: Dawn R. Raynes No. 01 3453 civil Now, June 13. 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~r~ Sheriff of Cumberland County, P A 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 the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ .... ". " In The Court of Common Pleas of Cumberland County, Pennsylvania Stacey L. Harmon VS. Bar:r:y Lee Mutschler et al SERVE: Borough of Northumberland No. 01 3453 civil Now, June 13, 2001 ,1, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~'-~~/~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ -"m,m>~"~~J:: , -'^~" '-";"1" .. In The Court of Common Pleas of Cumberland County, Pennsylvania SERVE: Stacey L. Harmon VS. Barry Lee Mutschler et al Sun Company Inc. t/d/b/a Sunoco Inc. No. 01- 3453 civil Now, June 13, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~#~ Sheriff of Cumberland County, P A Affidavit of Service Now, , 20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ 'IW. _ ~_ _".,~_~ ...,_~.. ') .. .~~ ." =- In The Court of Common Pleas of Cumberland County, Pennsylvania SERVE: stacey L. ,Hannon VS. Barry Lee Mutschler et al Commonwealth of pennsylvania Department of Transportation No. 01- 3453 civil Now, June 13, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r'~~-r!ff~ Sheriff of Cumberland County, P A Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ :~.jj''-'~'~~~r~"",,,',~ 0, ~ ....,.,..., , Phi lo.del ph.~ SHERIFF'S RETURN - SUMMONS/COMPLAINT ,~ I~, COMMON PLEAS NO. COUNTY COURT VERSUS TERM, 19 ~ NO. SERVED AND MADE KNOWN TO ~ ~O,Defendant _~Defendant Company issued in the above captioned matter ~ 0' clock, M., E.S.T./D.S.T. by handing a true and attested 7-3 /h; / copy of the within Summonsh mplaint, ,10 tJ/ ,atl 2 ~n ..~~ the aforesaid defendant, personally; , in the County of Philadelphia, A- / on at State of Pennsylvania, to CJ (i) 0(2) an adult member of the family of said defendant, with whom said defendant resides, who stated that his/her relationship to said defendant is that of o (3) an adult person in charge of defendant's residence; the said adult person having refused, upon re- quest, to give his/her name and relationship to said defendant; 0(4) ~5) 0(6) the manager/clerk of the place of lodging in which said defendant resides; agent or person for the time being in charge of defendant's office or usual place of business. the and officer of said defendant Company; So Answers, JOHN D. GREEN, Sheriff By: 12-38 (Rev. ]JAll) #)J~ ~..~, ,~ ^ ,- - !1'.1 , 'PLAn-lTIFF: HARMON, STACEY L. P: VS: DEFENDANT: MUTSCHLER, BARRY LEE D: R.D.2 BOX 474K, NORTHUMBERLAND, PA 17857 D: COUNTY OF NORTHUMBERLAND D: 201 MARKET ST., SUNBURY, PA 17801 D: , CASE #: 01 NO 3453 CTY FILED: CUMBERLAND FILE DATE: 01/06/05 DATE RECEIVED: 01/06/18 ASSIGNED TO: 4 DEF LAW FIRM: CUMBERLAND EXPIRES: 2001/07/05 iw 'tl g ti'g .~: ;Qg'" :>. .-J! tj ~ ,Ill .",. ~ 'tl ... ., ~ .~~ E",g d:q "I ... ~ . ~~A <fi a . SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: COUNTY OF NORTHUMBERLAND BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: PRAECIPE & WRIT OF SUMMONS PERSON SERVED: WILLIAM STESNEY DATE SERVED: 2001/06/22 CAPACITY: CHIEF CLERK TIME: 10:30 AM PLACE SERVED: ADMINSTRATION BLDG 5TH STREET SUNBURY, PA COUNTY OF NORTHUMBERLAND AND CONTENTS THEREOF. STATE OF PENNA" MAKING SO ANSWERS: CHARLES S. BY DEPUTY: BY: SHERIFF CHARLES S. BERKOSKI KNOWN UNTO : HIM BERKOSKI, SHERIFF f~s.~ THE I HEREBY CERTIFY AND RETURN THAT I SERVED: BARY LEE MUTSCHLER BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: PRAECIPE & WRIT OF SUMMONS PERSON SERVED: BARRY LEE MUTSCHLER DATE SERVED: 2001/07/05 CAPACITY PERSONALLY TIME: 12:00 PM PLACE SERVED: SHERIFF'S OFFICE, SUNBURY, PA COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO : HIM CONTENTS THEREOF. THE DOCKET PAGE #: 01 CV 0367 A SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF j" BY DEPUTY: SEARLS ROBERT !'N 1\ ' BY: ' i~S.~" f !!:, \ , ~""d SHERIFF'S COSTS: $ 66.32 ~ ~ REC #: 18523 l>:! NO. OF ATTEMPTS: 9 a.~ e E1 'E .~ ilt ~~ ~~ ~- .t)! o . BO)~ ~ ~~A .8 ~~~ "~ '~~';lr...",. "'~, ., , ~" ~ ..~,,-~~.=~'- PLAINTIFF: HARMON, STACEY L. p: VS: DEFENDANT: MUTSCHLER, BARRY LEE D: BOROUGH OF NORTHUMBERLAND D: 221 SECOND ST., NORTHUMBERLAND, PA 17857 D: RAYNES, DAWN R. 473-8571 D' 94 HANOVER ST., NORTHUMBERLAND, PA SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: BOROUGH OF CASE #: 01 NO 3453 CTY FILED: CUMBERLAND FILE DATE: 01/06/05 DATE RECEIVED: 01/06/18 ASSIGNED TO: 4 DEF LAW FIRM: CUMBERLAND EXPIRES: 2001/07/05 NORTHUMBERLAND BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: PRAECIPE & WRIT OF SUMMONS PERSON SERVED: JANICE BOWAN D~TE SERVED: 2001/07/03 CAPACITY: BOROUGH SECRETARY IN CHARGE TIME: 2:50 PM PLACE SERVED: 221 SEC. ST., NORTH'D, PA COUNTY OF NORTHUMBERLAND AND CONTENTS THEREOF. STATE OF PENNA" MAKING KNOWN UNTO : HER THE SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: MORACK, ANDREW BY: i~s.~ I HEREBY CERTIFY AND RETURN THAT I SERVED: DAWN R. RAYNES BY HANDING A TRUE AND ATTESTED COpy OF THE WITHIN: PRAEIPE & WRIT OF SUMMONS PERSON SERVED: DAWN R. RAYNES DATE SERVED: 2001/07/02 CAPACITY PERSONALLY TIME: 9:45 AM PLACE SERVED: SHERIFF'S OFFICE, SUNBURY, PA 17801 COUNTY OF NORTHUMBERLAND M'D STATE OF PENNA., MAKING KNOWN UNTO : HER THE CONTENTS THEREOF. SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: SEARLS, ROBERT BY: SHERIFF'S COSTS: REC #: 18523 NO. OF ATTEMPTS: $ 66.32 DOCKET PAGE #: 01 CV 0367 B ";;'-- ",;I!I!I ,~'" ., ~. C\l o o C\l <8 ,~ '"'-~"~, ~.,~ , ._"""~-- @fii!t of tlp~ ~4~riff William T. Tully Solicitor 1. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania HARMON STACEY L vs County of Dauphin COMMONWEALTH OF PA Sheriff's Return No. 1652-T - -2001 OTHER COUNTY NO. 01-3453 AND NOW: June 21, 2001 at 11:00A}j served the within SUMMONS upon COMMONWEALTH OF PA by personally handing DEPT OF TRANSPORTATION to TERRANCE EDWARDS, PERSON IN CHARGE 1 true attested copy(ies) of the original SUMMONS and making known to him/her the contents thereof at RIVER FRONT OFFICE CENTER 1101 SOUTH FRONT ST. HBG, PA 17104-0000 Sworn and subscribed to So Answers, JR~ before me this 22ND day of JUNE, 2001 .;".... ( Stirk1tJ t.. (~0AMuV ( PROTHONOTARY By . h~'" puty Sheriff Sheriff's Costs: $25.50 PD 06/18/2001 RCPT NO 151116 TORO ~r~~!.w~-. ~ ~ ~.~ "C"!l::"l_ ~ "~ ~ ~ Jefferson J. Shipman, Esquire 1.0. #51785 John R. Ninosky, Esquire 1.0. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 coun~el for Defendant Raynes STACEY L. HARMON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY! PENNSYLVANIA vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants TO THE PROTHONOTARY: NO. 01-3453 CIVIL ACTON - LAW JURY TRIAL DEMANDED PRAECIPE Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. DATE: (1.,.-,~, l5) ~oi , ~ ,. GOLDBERG, KATZMAN & SHIPMAN, P.C. ~/1 fe'son J. Shipm n, Esquire J n R. Ninosky, Esquire Attorneys for Defendant Raynes ~LA-'-- ~ ~ ~.- .~,~"'; RULE TO: Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff A Rule is hereby issued upon Plaintiff, Stacey L. Harmon, to file a Complaint against Defendants within twenty (20) days of service hereof, or suffer judgment of non pros. ~~ '.l Cur Long r thon ary DATE: 67063.1 ,~..v 1 .. ......".-...- ff.:.,.,-. "~ CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United states Mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows on Oua \ ISI a-e,-(> I Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiffs John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Attorneys for Defendants! Sunoco and Atlantic Jay Stark, Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorneys for Defendant, PennDOT GOLDBERG! KATZMAN & SHIPMAN, P.C. I ~ '\A,t.-\A. f son J. Shipm n, Esquire torney I.D. 51785 ohn R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes DATE: Ct....~ \ S' I 'doo\ 1~m "-"'" . Jefferson J. Shipman, Esquire LD. #51785 John R. Ninosky, Esquire LD. #78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Raynes STACEY L. HARMON, Plaintiff vs. BARRY LEE MUTSCHLER! SUN COMPANY, INC.! t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3453 CIVIL ACTON - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant, Dawn R. Raynes, in the above-captioned matter. DATE: e.ll'-\ lOI 67032.1 '~~~7"_.f~ ~ , ,-- GOLDBERG, KATZMAN & SHIPMAN, P.C. . ~ tu.~ ff rson J. Ship an, Esquire torney I.D. 51785 John R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes ~~ CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the Pennsylvania, Mail, first class, postage prepaid, in Harrisburg! addressed as follows on r:.,^ \~ ~~ ~I United States Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiffs John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Attorneys for Defendants, Sunoco and Atlantic Jay Stark, Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorneys for Defendant, PennDOT GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: /f &y /Ji J. ff rson J. Shi an, Esquire torney I.D. 51785 John R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 Harrisburg! PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes . ;~~."' ~ -, -, .,-", "- '--11 -~= MAFFETT & ASSOCIATES By: Richard F. Maffett. Jr., Esquire Attorney LD. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorneys for Plaintiff STACEY L. HARMON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-3453 BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s}. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 )-~.-. .,.. ,~ "",. f. NOTICIA LE BAN DEMANDADO A USTED EN LA CORTE. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 ~~'. ,,- ,,"' - STACEY L. HARMON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-3453 BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT . -"I -\-'(\ AND NOW, thlS",<,O day of September, 2001, comes the Plaintiff, STACEY L. HARMON, by her attorney, Richard F. Maffett, Jr., Esquire, and respectfully represents the following: 1. Plaintiff, Stacey L. Harmon, is an adult individual residing at 1223 Scenery Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Barry Lee Mutschler, is an adult individual residing at R.D. #2, Box 474-K, Northumberland, Northumberland County, Pennsylvania 17857. 3. Defendant, Sun Company, Inc., trading or doing business as Sunoco, Inc., is a Pennsylvania corporation, with a registered ittL}!lT . ~ it- .. office at 1801 Market Street, Philadelphia, PA, 19103, and which regularly conducts business in Cumberland County, Pennsylvania. 4. Defendant, Atlantic Refining and Marketing Corporation, trading or doing business as Atlantic Refining Group, is a Delaware corporation, with a registered office at CT Corporation System, 1515 Market Street, Philadelphia, PA, 19102, and which regularly conducts business in Cumberland County, Pennsylvania. 5. Defendant, Commonwealth of Pennsylvania, Department of Transportation, is a government entity, having a principal place of business at Riverfront Office Center, 1101 South Front street, Harrisburg, PA, 17104. 6. Defendant, County of Northumberland, is a government entity, having its principal place of business at 201 Market Street, Sunbury, Northumberland County, PA, 17801. 7. Defendant, Borough of Northumberland, is a government entity, having its principal place of business at 221 Second Street, Northumberland, Northumberland County, PA, 17857. 8. Defendant, Dawn R. Raynes, is an adult individual, residing at 94 Hanover Street, Northumberland, Northumberland County, PA, 17857. 2 ':~ ~. ~-I' -_.~ 9. On June 6, 1999, at about 3:28 p.m., Plaintiff Stacey L. Harmon was a left rear passenger in a vehicle driven by Mary E. Huber, which was traveling North on Hanover Street, at the intersection with Front Street, in the Borough of Northumberland, Northumberland County, PA. 10. At the aforesaid time and place, Defendant Barry Lee Mutschler, was operating a tanker tractor trailer, owned by Defendants Sun Company, Inc., t/d/b/a Sunoco, Inc.; and/or Atlantic Refining and Marketing Corporation, t/d/b/a Atlantic Refining Group, which was traveling West on Front Street, at the intersection with Hanover Street, in the Borough of Northumberland, Northumberland County, PA. 11. On the aforesaid date and time, as the tanker tractor trailer operated by Defendant Barry Lee Mutschler entered the intersection of Front and Hanover Streets, in the Borough of Northumberland, Northumberland County, PA., it struck the automobile operated by Mary E. Huber, causing the Huber vehicle to be pushed into a utility pole, as a result of all of which, Plaintiff suffered severe physical injury. 3 t'-~, , -,.,-~., , ~ ~~ ~ . "" COUNT I: STACEY L. HARMON v BARRY LEE MUTSCHLER 12. Plaintiff incorporates by reference the averments of paragraphs 1 through 11 above, as fully as though herein set forth at length. 13. Defendant Barry Lee Mutschler owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate his tractor trailer in such a way as not to cause harm or damages to said other persons and to Plaintiff in particular. 14. The collision and all of the injuries and damages hereinafter related are the direct result of the careless, reckless, and negligent manner in which the Defendant Barry Lee Mutschler operated his tractor trailer as follows: (a) failing to maintain adequate control over his vehicle; (b) failing to properly observe other traffic, and acting without due regard for the position of the other vehicles on the roadway, including the vehicle in which Plaintiff was a passenger; (c) failing to apply his brakes in time to avoid striking the vehicle containing Plaintiff; and, (d) traveling too fast for conditions. 4 ~_;-.u)J. .--'-- ,....,.., -~~. ~ 15. As a direct and proximate result of the aforesaid collision, Plaintiff suffered injuries including, but not limited to, the following: (a) closed head injury; (b) anoxic brain injury; (c) left pneuomothorax; and, (d) lacerations, contusions and abrasions. 16. As a result of the injuries she received from the aforesaid collision, Plaintiff has incurred in the past, and will incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of her aforesaid injuries. 17. As a further result of the aforesaid collision, Plaintiff has suffered a loss of earnings, and permanent impairment of her earning capacity and power, and claim is made therefore. 18. As a further result of the aforesaid collision, Plaintiff has suffered permanent diminution of her ability to enjoy life and life's pleasures. 19. As a result of the injuries she received from the aforesaid collision, Plaintiff has undergone in the past, is 5 lii:,,~ . . ,~-~~"~~ ., -r - undergoing in the present, and will undergo in the future, great pain and suffering. 20. As a direct and proximate result of the aforesaid collision, plaintiff has incurred other financial expenses and/or losses which exceed the sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff Stacey L. Harmon demands judgment against Defendant Barry Lee Mutschler in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II: STACEY L. HARMON v SUN COMPANY. INC. t/d/b/a SUNOCO. INC. 21. Plaintiff incorporates by reference the averments of Paragraphs 1 through 20 above as fully as though herein set forth at length. 22. At all times material and relevant to this Complaint, Defendant Barry Lee Mutschler was acting as an employee, servant, and agent of Defendant Sun Company, Inc. t/d/b/a Sunoco, Inc., 6 ,>~,~- ~-' .-~,,~ . , . and was engaged in said Defendant's business and was within the scope of his employment with said Defendant. 23. Defendant Sun Company, Inc. t/d/b/a Sunoco, Inc., as the employer of Defendant Barry Lee Mutschler, is liable to Plaintiff under the theory of respondeat superior for Defendant Barry Lee Mutschler's negligence, as set forth herein above. 24. Defendant Sun Company, Inc. t/d/b/a Sunoco, Inc. jointly and severally, as the employer of Defendant Barry Lee Mutschler, was negligent and reckless by knowingly and intentionally failing to properly select, train, and supervise their driver, Defendant Mutschler, thereby causing Plaintiff's injuries as set forth above. 25. Defendant Sun Company, Inc. t/d/b/a Sunoco, Inc., jointly and severally, was negligent and reckless by failing to properly maintain and repair their tractor and tanker trailer, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff Stacey L. Harmon demands judgment against Defendant Sun Company, Inc. t/d/b/a Sunoco, Inc., in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, 7 ~~ . .~ "', " ~ exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III: STACEY L. HARMON v ATLANTIC REFINING AND MARKETING CORPORATION. t/d/b/a ATLANTIC R~FINING GROUP 26. Plaintiff incorporates by reference the averments of Paragraphs 1 through 25 above as fully as though herein set forth at length. 27. At all times material and relevant to this Complaint, Defendant Barry Lee Mutschler was acting as an employee, servant, and agent of Defendant Atlantic Refining & Marketing Corporation t/d/b/a Atlantic Refining Group, and was engaged in said Defendant's business and was within the scope of his employment with said Defendant. 28. Defendant Atlantic Refining & Marketing Corporation t/d/b/a Atlantic Refining Group, as the employer of Defendant Barry Lee Mutschler, is liable to Plaintiff under the theory of respondeat superior for Defendant Barry Lee Mutschler's negligence, as set forth herein above. 29. Defendant Atlantic Refining & Marketing Corporation t/d/b/a Atlantic Refining Group, jointly and severally, as the 8 fF~,.".,,~ _, ", ,-- ,,~ employer of Defendant Barry Lee Mutschler, was negligent and reckless by knowingly and intentionally failing to properly select. train, and supervise their driver, Defendant Mutschler, thereby causing Plaintiff's injuries as set forth above. 30. Defendant Atlantic Refining & Marketing Corporation t/d/b/a Atlantic Refining Group, jointly and severally, was negligent and reckless by failing to properly maintain and repair their tractor and tanker trailer, thereby causing Plaintiff's injuries as set forth above. WHEREFORE, Plaintiff Stacey L. Harmon demands judgment against Defendant Atlantic Refining & Marketing Corporation t/d/b/a Atlantic Refining Group, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV, STACEY L. HARMON v COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION 31. Plaintiff incorporates by reference the averments of Paragraphs 1 through 30 above as fully as though herein set forth at length. 9 -:~"-"'_' v - ~- ~ .- 32. The aforesaid collision between the Huber automobile, in which Plaintiff was a passenger, and the tractor and tanker trailer operated by Defendant Barry Lee Mutschler occurred when Mary E. Huber failed to see the stop sign on Hanover Street and proceeded into the intersection with Front Street, Northumberland, PA. 33. Defendant Commonwealth of Pennsylvania, Department of Transportation, has responsibility for the selection, erection, placement, control, and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, PA. 34. The aforesaid collision and all of Plaintiff's injuries and damages herein stated are the direct result of the careless, reckless, and negligent manner in which Defendant Commonwealth of Pennsylvania, Department of Transportation, exercised its legal responsibilities for traffic control devices at the intersection of Front and Hanover Streets, Northumberland, PA. as follows: (a) Failure to trim and adequately maintain vegetation thereby causing the stop sign on Hanover Street to be obscured; (b) Erection, construction, placement, and/or maintenance of the Hanover Street stop sign so as to 10 Ii! , ~ ~ "". -~,,~ ~ .~ . , .~_ '1 restrict visibility of the stop sign causing inadequate sight distance conditions for traffic on Hanover Street; (c) Failure to construct and/or place supplemental traffic control devices on Hanover Street South of the stop sign to provide adequate notice to motorists headed North on Hanover street that they are approaching a stop sign; (d) Failure to erect, construct, and/or place traffic lights at the intersection of Front and Hanover Streets; and, (e) Selection, erection, construction, maintenance and control of the aforesaid intersection by traffic control devices not in accord with traffic safety standards. WHEREFORE, Plaintiff Stacey L. Harmon demands judgment against Defendant Commonwealth of Pennsylvania, Department of Transportation in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT V: STACEY L. HARMON V COUNTY OF NORTHUMBERLAND 35. Plaintiff incorporates by reference the averments of Paragraphs 1 through 34 above as fully as though herein set forth at length. II ~_,2\_~__" '-~'~ ,. 'C' .c. ~,-~ 36. Defendant, County of Northumberland is responsible for the selection, erection, placement, control, and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, PA. 37. The aforesaid collision and all of Plaintiff's injuries and damages herein stated are the direct result of the careless, reckless, and negligent manner in which Defendant County of Northumberland exercised its responsibility for traffic control devices at the intersection of Front and Hanover Streets, Northumberland, PA. as follows: (a) Failure to trim and adequately maintain vegetation thereby causing the stop sign on Hanover Street to be obscured; (b) Erection, construction, placement, and/or maintenance of the Hanover Street stop sign so as to restrict visibility of the stop sign causing inadequ~te sight distance conditions for traffic on Hanover Street; (c) Failure to construct and/or place supplemental traffic control devices on Hanover Street, South of the stop sign, to provide adequate notice to motorists headed North on Hanover Street that they are approaching a stop sign; (d) Failure to erect, construct, and/or place traffic lights at the intersection of Front and Hanover Streets; and, (e) Selection, erection, construction, maintenance and control of the aforesaid intersection by traffic control devices not in accord with traffic safety standards. 12 '"<.HJI.,"'i'l,.. .'- ~ " '- '" - ~ , , WHEREFORE, Plaintiff, Stacey L. Harmon demands judgment against Defendant County of Northumberland in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VI: STACEY L. HARMON V BOROUGH OF NORTHUMBERLAND 38. Plaintiff incorporates by reference the averments of Paragraphs 1 through 37 above as fully as though herein set forth at length. 39. Defendant Borough of Northumberland is responsible for the selection, erection, placement, control, and maintenance of traffic control devices for the intersection of Front and Hanover Streets, Northumberland, PA. 40. The aforesaid collision and all of Plaintiff's injuries and damages herein stated are the direct result of the careless, reckless, and negligent manner in which Defendant County of Northumberland exercised its responsibility for traffic control devices at the intersection of Front and Hanover Streets, Northumberland, PA. as follows: 13 ~-. > - , ' (a) Failure to trim and adequately maintain vegetation thereby causing the stop sign on Hanover Street to be obscured; (b) Erection, construction, placement, and/or maintenance of the Hanover Street stop sign so as to restrict visibility of the stop sign causing inadequate sight distance conditions for traffic on Hanover Street; (c) Failure to construct and/or place supplemental traffic control devices on Hanover street, South of the stop sign, to provide adequate notice to motorists headed North on Hanover Street that they are approaching a stop sign; (d) Failure to erect, construct, and/or place traffic lights at the intersection of Front and Hanover Streets; and, (e) Selection, erection, construction, maintenance and control of the aforesaid intersection by traffic control devices not in accord with traffic safety standards. 41. Defendant Borough of Northumberland is the owner of real property located on the eastern side of Hanover Street, immediately South of the intersection with Front Street, in Northumberland, PA., on which is located a stop sign, and is responsible for the upkeep, maintenance and condition of the aforesaid premises. 42. The aforesaid collision and all of Plaintiff's injuries and damages herein stated are the direct result of the careless, reckless, and negligent manner in which Befendant Borough of 14 ;'1i!l!:lij\!ILI"\!l!IJ '~, .'"~''''r , , , "~- " Northumberland maintained the aforesaid real property by failing to adequately trim trees and vegetation thereon, which caused the Hanover Street stop sign to be obscured. WHEREFORE, Plaintiff Stacey L. Harmon demands judgment against Defendant Borough of Northumberland in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VII: STACEY L. HARMON V DAWN R. RAYNES 43. Plaintiff incorporates by reference the averments of Paragraphs 1 through 42 above as fully as though herein set forth at length. 44. Defendant Dawn R. Raynes is the owner of real property located at 94 Hanover Street, Northumberland, PA, and is responsible for the upkeep, maintenance and condition of the aforesaid premises. 45. The aforesaid collision and all of Plaintiff's injuries and damages herein stated are the direct result of the careless, reckless, and negligent manner in which Defendant Dawn R. Raynes 15 ir:">,"-_~< ,~~ . ~", '~",' - ~ ",- ~~ ,~, ~ maintained the aforesaid real property by failing to adequately trim trees and/or vegetation thereon, which caused the stop sign on Hanover Street to be obscured. WHEREFORE, Plaintiff Stacey L. Harmon demands judgment against Defendant Dawn R. Raynes in an amount in excess of Thirty-Five Thousand ($35,OOO.OO) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ./lM ;; MIlJlt Richard F. Maffett, Jr., Esq. 16 Jt~. ". ',_' ,'" . VERIFICATION I, BARRY L. HARMON, PARENT AND GUARDIAN FOR STACEY L. HARMON, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.B.A. ~4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. H904. Dated: .5E# /7}' 20:J( ~~&~- BARRY . HARMON, Parent and Guardian for Stacey L. Harmon, Plaintiff ~ -w " -~ ,-~. ~-- ~ ' I"~ ~~" ,~""1 CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Complaint by depositing same in the United States Mail, postage prepaid, addressed as follows: John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Attorney for Defendants Mutschler, Jay Stark Senior Deputy Attorney General Torts 'Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorney for Defendant, PennDOT County of Northumberland 201 Market Street Sunbury, PA 17801 Defendant Dated: September 20, 2001 I;'\!!JI._"_ ~ ,~ - Sunoco and Atlantic Jefferson J. Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant Raynes Borough of Northumberland 221 Second Street Northumberland, PA 17857 Defendant A~/~t Richard F. Maffet , Jr~, Esq. . <'~- '. Jefferson J. Shipman, Esquire LD. #51785 GoLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 counsel for Defendant Raynes STACEY L. HARMON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP! COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, NO. 01-3453 CIVIL ACTON - LAW Defendants JURY TRIAL DEMANDED NOTICE TO: PLAINTIFF! STACEY L. HARMON and DEFENDANTS, BARRY LEE MUTSCHLER, SUN COMPANY, INC.! t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, and BOROUGH OF NORTHUMBERLAND You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. DATE: 10 {, (t>/ 68848.1 KATZMAN & SHIPMAN, P.C. J. Shipma , Esquire for Defendant Raynes (j_i1i.JI "'f""_ '.j-<- "~, , ; -~ Jefferson J. Shipman, Esquire 1.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Raynes STACEY L. HARMON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP! COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, NO. 01-3453 CIVIL ACTON - LAW Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, DAWN R. RAYNES AND NOW, comes the Defendant, Dawn R. Raynes, by and through her counsel, Goldberg, Katzman & Shipman, P.C. , and files the following Answer and New Matter to the Complaint of Stacey L. Harman: l. Admitted upon information and belief. 2 . Admitted upon information and belief. 3. Admitted upon information and belief. 4 . Admitted upon information and belief. 5. Admitted upon information and belief. r~,~~"'" ^' ,~,:",--,' ~ .,,,, , . " ,-- I" .. 6. Admitted upon information and belief. 7 . Admi tted upon information and belief. 8 . Admitted. 9. Denied. After reasonable investigation! the answering Defendant, Dawn R. Raynes, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 and the same are therefore denied. 10. Denied. After reasonable investigation, the answering Defendant, Dawn R. Raynes, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 and the same are therefore denied. 11. Denied. After reasonable investigation, the answering Defendant! Dawn R. Raynes, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11 and the same are therefore denied. COUNT r STACEY L. HARMAN v. BARRY LEE MUTSCHLER 12. The Answering Defendant, Dawn R. Raynes! incorporates herein by reference her answers to paragraphs 1 through 11 as though fully set forth herein at length. 13-20. The averments contained in Paragraphs 13 through 20 are directed to another party and accordingly no response is required. E,~lJw)~ '" _ . "I"'" :!""'" ,-. ~ .." '" -- -, WHEREFORE, the Defendant, Dawn R. Raynes, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT II STACEY L. HARMON v. SUN COMPANY, INC.. t/d/b/a SUNOCO. INC. 21. The Answering Defendant! Dawn R. Raynes, incorporates herein by reference her answers to paragraphs 1 through 20 as though fully set forth herein at length. 22-25. The averments contained in Paragraphs 22 through 25 are directed to another party and accordingly no response is required. WHEREFORE, the Defendant, Dawn R. Raynes, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT III STACEY L. HARMON v. ATLANTIC REFINING AND MARKETING CORPORATION. t/d/b/a ATLANTIC REFINING GROUP 26. The Answering Defendant, Dawn R. Raynes, incorporates herein by reference her answers to paragraphs 1 through 25 as though fully set forth herein at length. 27-30. The averments contained in Paragraphs 22 through 25 are directed to another party and accordingly no response is required. r'i, ,-' .,-" "- , ~ , -, , ~. ~""'v~ "~ _ H" ", < WHEREFORE, the Defendant, Dawn R. Raynes, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT IV STACEY L. HARMON v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION 31. The Answering Defendant! Dawn R. Raynes, incorporates herein by reference her answers to paragraphs 1 through 30 as though fully set forth herein at length. 32-34. The averments contained in Paragraphs 32 through 34 are directed to another party and accordingly no response is required. WHEREFORE, the Defendant, Dawn R. Raynes, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT V STACEY L. HARMON v. COUNTY OF NORTHUMBERLAND 35. The Answering Defendant, Dawn R. Raynes, incorporates herein by reference her answers to paragraphs 1 through 34 as though fully set forth herein at length. :\'<;"'-"'--- .,,-,- - 7._ ,.,.. ~~.i' '" ~ -'. ' 36-37. The averments contained in Paragraphs 36 and 37 are directed to another party and accordingly no response is required. WHEREFORE, the Defendant! Dawn R. Raynes, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT VI STACEY L. HARMON v. BOROUGH OF NORTHUMBERLAND 38. The Answering Defendant, Dawn R. Raynes, incorporates herein by reference her answers to paragraphs 1 through 37 as though fully set forth herein at length. 39-42. The averments contained in Paragraphs 39 through 42 are directed to another party and accordingly no response is required. WHEREFORE, the Defendant, Dawn R. Raynes, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT VII STACEY L. HARMON v. DAWN R. RAYNES 43. The Answering Defendant, Dawn R. Raynes! incorporates herein by reference her answers to paragraphs 1 through 42 as though fully set forth herein at length. ~."'o/'.- '"~-~ '.." ,- ~~ - f' - 44. Admitted in part, denied in part. It is admitted only that Dawn R. Raynes is the owner of real property located at 94 Hanover street! Northumberland, Pennsylvania. The remaining averments of Paragraph 44 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 45. Denied. The averments contained in Paragraph 45 are conclusions of law to which no response is required. If a response is deemed to be required! the averments contained therein are specifically denied. WHEREFORE, the Defendant, Dawn R. Raynes, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply the Defendant, Dawn R. Raynes! interposes the following New Matters: 46. That the Plaintiff's injuries and damages were not caused by any acts, omissions or breaches of duty by answering Defendant! Dawn R. Raynes. 47. That the Plaintiff's cause of action is are barred in whole or in part by the Pennsylvania Comparative Negligence Act, ;''!~_"",",f' _,'" _""_'_"!'__~"r " .-1 1- - 42 Pa. C.S.A. s7102, et ~. or by the doctrine of Comparative Negligence. 48. That the Plaintiff assumed the risk of the injuries allegedly sustained by her by reason of her own negligence and carelessness. 49. That any damages the Plaintiff may be entitled to recover in this action, are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law! 75 Pa. C.S.A. s1701, et ~. 50. That the accident, and any injuries sustained by Plaintiff may have been caused in whole or in part by the negligence of third persons or entities! some of whom may not presently be involved in this action. 50. That if it should be found that there was any negligence on the part of Defendant! Dawn R. Raynes, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. NEW MATTER PURSUANT TO RULE 2252(d OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE DAWN R. RAYNES v. BARRY LEE MUTSCHLER, SUN COMPANY, INC.! t/d/h/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, ;;i'h" ,.". -- - ~ -, _.~ ~--' ~ COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND AND BOROUGH OF NORTHUMBERLAND 51. That if it is determined that the Plaintiff is entitled to recover any and all of the damages sought in her Complaint! which right as to Ms. Raynes is specifically denied, then in that event liability rests with Barry Lee Mutshcler! Sun Company, Inc., t/d/b/a Sunoco, Inc.! Atlantic Refining and Market Corporation t/d/b/a Atlantic Refining Group, Commonwealth of Pennsylvania Department of Transportation, County of Northumberland and Borough of Northumberland, based on the allegations set forth in the Plaintiff's Complaint. 52. That if it is determined that the Plaintiff is entitled to recover any or all of the damages sought in her Complaint, which right as to Ms. Raynes is specifically denied, then in that event Barry Lee Mutshcler, Sun Company, Inc., t/d/b/a Sunoco, Inc.! Atlantic Refining and Market Corporation t/d/b/a Atlantic Refining Group, Commonwealth of Pennsylvania Department of Transportation! County of Northumberland and Borough of Northumberland! are liable to Ms. Raynes for contribution and/or indemnity. WHEREFORE, the Defendant, Dawn R. Raynes, demands judgment against Barry Lee Mutshcler, Sun Company, Inc., t/d/b/a Sunoco, Inc., Atlantic Refining and Market Corporation t/d/b/a Atlantic Refining Group, Commonwealth of Pennsylvania Department of Transportation, County of Northumberland and Borough of i"-\ll\i!jli_~~ _1ll11~,~".".., .' ,~ ~""--~ ~~ ~~,-. " Northumberland, or in the alternative for all sums which may be ~djudged against Ms. Raynes in favor of Plaintiff! or in the ~lternative demands judgment against the co-Defendants, Barry Lee Mutshcler, Sun Company, Inc., t/d/b/a Sunoco, Inc.! Atlantic Refining and Market Corporation t/d/b/a Atlantic Refining Group, Commonwealth of Pennsylvania Department of Transportation, County Of Northumberland and Borough of Northumberland for contribution ~nd/or indemnity. Respectfully submitted! GOLDBERG, KATZMAN & SHIPMAN! P.C. Je ferson J. Ship n, At orney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes DATE: Ie'> [, 101 68844.1 t,-~. H - ~ "~ ,"' , - i - , ~.~ ~. . VERIFICATION I, Dawn R. Raynes, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. /~,..--/) '~-4 i ds l ,\ , ./ -~ J . ' ,]j), 711- +~. 'iJ''lU.<L.' . DaWn R. Raynes Date: /0(1{01 68850.1 ~~_:_.;l-," , ,~, . "', m . . CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class! postage prepaid, in Harrisburg! Pennsylvania, addressed as follows on ~: Richard F. Maffett, Jr.! Esquire Maffett & Associates 2201 North Second street Harrisburg, PA 17110 Attorney for Plaintiffs John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 ,Attorneys for Defendants, Sunoco and Atlantic Jay Stark, Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorneys for Defendant, PennDOT GOLDBERG, KATZMAN & SHIPMAN, P.C. J ff rson J. Shi man, Esquire A torney I.D. 51785 John R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717} 234-4161 Attorneys for Defendant Raynes DATE: ~~._., ~1l'Ii.11'1U , ;', PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter f= the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entiIe caption must be stated in full) STACY L. HARMON (Plaintiff) VS. BARRY LEE MUTSCHLER, SUN COMPANY, INC, t/d/b/a SUNOCO, INC: ATLANTIC REFINING AND MARKETING CORPORATION, t/d/b ATLANTIC REFINING GROUP: COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION: COUNTY OF NORTHUMBERLAND: BOROUGH OF NORTHUMBERLAND: and DAWN R. RAYNES ( Defendant) No. 3453 Civil 100 2001 1. State matter to be argued (Le., plaintiff's lIDtion for new trial. defendant's demw:rer to canplaint. etc.): Preliminary Objections 2. Identify counsel who will argue case: (a) f= plaintiff: 1\ddress: RICHARD F. MAFFETT, JR. ESQUIRE 2201 N. SECOND STREET HARRISBURG, PA 17120 (b) for defendant: Address: JAY W. STARK, SENIOR DEPUTY ATTORNEY GENERAL OAG, TORTS LITIGATION SECTION 15th FLOOR, STRAWBERRY SQUARE HARRISBURG, PA 17120 3. I will notify all parties in writing within t;,u days that this case has ~ listed for argunent. 4. ArguTent Court Date: lBted: October 12, 2001 Department of Transportation ::~"'l_ . , ,,"'- "1 J~hnson, Duffie, Stewart & Weidner By: C. Roy Weidner, If. LD. No. 19530 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761.4540 Attorneys for Defendant Borough of North urn berland Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01.3453 STACEY L. HARMON, v. BARRY LEE MUTSCHLER, SUN COMPANY, INC. tJd/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION tld/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants DEFENDANT BOROUGH OF NORTHUMBERLAND'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, this 17'h day of October, 2001, comes Defendant Borough of Northumberland, through its undersigned attorneys, and preliminarily objects to Plaintiff's complaint upon the following: 1, Plaintiff commenced this action by praecipe for writ of summons filed June 5, 2001. 2. Plaintiff named as one of the Defendants the Borough of Northumberland located in Northumberland County, Pennsylvania. 3. Defendant Borough of Northumberland was served with the writ of summons on July 2, 2001. 4. At no time thereafter was an appearance entered on behalf of Defendant Borough of Northumberland until after it was served with Plaintiff's complaint. :!~~ . ,,' - .. 5. On September 20, 2001, Plaintiff filed her complaint. 6. The Plaintiff served her complaint upon Defendant Borough of Northumberland by mailing a copy of it to its 221 Second Street, Northumberland, Pennsylvania address on September 20, 2001. 7. Plaintiff's complaint is for personal injuries arising out of a motor vehicle accident occurring on June 6, 1999 at the intersection of Front Street and Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 8. Plaintiff's complaint fails to state any basis for venue against Defendant Borough of Northumberland in Cumberland County, Pennsylvania. 9. PaRC.P. No. 2103(b) provides "Except when the Commonwealth is the plaintiff or when otherwise provided by an Act of Assembly, an action against a political subdivision may be brought only in the county in which the political subdivision is located." 10. As averred in paragraph 7 of Plaintiff's complaint, Defendant Borough of Northumberland is a political subdivision located in Northumberland County, Pennsylvania. WHEREFORE, Defendant Borough of Northumberland preliminarily objects to Plaintiff's complaint and requests that Plaintiff's action be transferred to the Court of Common Pleas of Northumberland County, Pennsylvania. :HNS~FFlrJ;7--ErDNER . Oy'lJldner, Jr. :150851 5774.356 ?~f\:<' - . .~_, e , ,,~ ~- , CERTlFICA TE OF SERVICE AND NOvv, this /71ay of October, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing preliminary objections upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 JayW. Stark, Esquire Sr. Deputy Attomey General Torts Litigation Section 15th Floor, Strawberry Square Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, PC 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 County of Northumberland 201 Market Street Sunbury, PA 17801 JOHNSON, DUFFIE, STEWART & WEIDNER By: ~~/1 ~/ eUe Hagy ';,\~ ,~~ ., 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: rn Pre.Trial Argument Court o Argument Court ************************************************************************************************* CAPTION OF CASE (entire caption must be stated in full) STACEY L. HARMON, (Plaintiff) vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC. tJd/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION tJdlbla ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN RAYNES, (Defendants) No. 01-3453 Civil 1. State matter to be argued (i.e., Plaintiff's motion for new trial, Defendant's demurrer to complaint, etc.): Defendant Borough of Northumberland's preliminary objection to venue in Cumberland County 2. Identify counsel who will argue case: a) For Plaintiff: Address: Richard F. Maffett, Jr., Esquire Maffett & Associates, 2201 North Second Street, Harrisburg, PA 17110 b) For Defendant: Address: C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043.0109 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Call of Argument List Date: December 12, 2001 n/a Dated: October 17, 2001 Attorney for Defendant Borough 0 Northumberland :."'_i>i~~__"__. +_ - - ~ CERTIFICA TE OF SERVICE AND NOW, this 17'h day of October, 2001, the undersigned does hereby certify that she did this date serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Jay W. Stark, Esquire Sr. Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, PC 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 County of Northumberland 201 Market Street Sunbury, PA 17801 JOHNSON, DUFFIE, STEWART & WEIDNER BY:~<~(~$W ' 'chelle Hagy :15089:1 5774-356 ,;".~,,,,,. e,~.. 1 _.17 _, "r ~ " , .> , J'oh,nson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. LD. No. 19530 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Borough of Northumberland Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3453 STACEY L. HARMON, v. CIVIL ACTION - LAW BARRY LEE MUTSCHLER, SUN COMPANY, INC. tJd/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION tJd/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, JURY TRIAL DEMANDED Defendants' APPEARANCE AND NOW, this IS~y of October, 2001, enter the appearance of C. ROY WEIDNER, JR., I.D. 19530 on behalf of Defendant Borough of Northumberland in the above captioned suit. JOHNSON, DUFFIE, STEWART & WEIDNER -~ ~ ~Oywe~"Jr. -,' :150824 5774-356 :";:-~~~- - n\"",,_ ,. I" CERTIFICA TE OF SERVICE ~ AND NOW, this /5 day of October, 2001, the undersigned does hereby certify that she did this date seNe a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 Jay W. Stark, Esquire Sr. Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, PC 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 County of Northumberland 201 Market Street Sunbury, PA 17801 JOHNSON, DUFFIE, STEWART & WEIDNER BY:~,(,..(,/..{ ~I'I/ . helle Hagy \'!~,_ oU~~ <.....,.., "', ~,:1 .~.~ " ,. Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 STACEY L. HARMON Plaintiff v. :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, P A BARRY LEE MUTSCHLER, SUN :NO: 01-3453 COMPANY, INC. t/d/b/a SUNOCO, INC.; ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP; COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; AND DAWN R. RAYNES Defendants v. MARYE. HUBEIl J Po'! i 11.,'<-;", jJ.e,'':<-Additional Defendant : NO. CI-99.069l8 KNo/" fJ,.. /10:16' PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons upon Additional Defendant Mary E. Huber in the above- captioned matter. By: DATED: October 15, 2001 :,,~,", - ".~ Respectfully submitted, D. MICHAEL FISHER Attorney General I / ~ " - . ... CERTIFICATE OF SERVICE I hereby certifY that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD F. MAFFETT, JR. ESQUIRE MAFFETT & ASSOCIATES 2201 N. SECOND STREET HARRISBURG, P A 17110 717-233-4160 (Attorney for Plaintiff) COUNTY OF NORTHUMBERLAND 201~TSTREET SUNBURY, PA 17801 BOROUGH OF NORTHUMBERLAND 221 SECOND STREET NORTHUMBERLAND, PA 17857 JOHN F. FOX, JR., ESQU1RE 607 ANTHONY DRIVE PLYMOUTH MEETING, PA 19467 215-568-6868 (Attorney for Mutschler, Sunoco & Atlantic) JEFFERSON 1. SHIPMAN, ESQU1RE P.O. BOX 1268 I HARRISBURG, PA 17108-1268 (Attorney for Dawn R. Raynes) By: Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, P A 17120 717-783-3148 - Direct Dial DATED: October 15, 2001 ''i~_II ~., ~r"~"+-I' . " .<....~. ~~ . , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Stacey L. Harmon v. Barry Lee Mutschler and Sun Company, Inc., tJd/b/a Sunoco, Inc. (R&M): and Atlantic R~fining and Marketing Corp., tJd/b/a Atlantic Refining Group and Commc;mwea!th of Pennsylvania Department of Transportation and County of Northumerland and Borough of Northumberland and Dawn R. Raynes No. 01-3453 CIVIL ACTION - LAW JURY TRIAL DEMANDED qEFENDANTS BARRY LEE MUTSCHLER AND SUNOCO, INC. (R&M)'S REPLY TO DEFENDANT DAWN R. RAYNES' NEW MATTER CROSSCLAIM Defendant Barry Lee Mutschler and Defendant Sunoco, Inc. (R&M), incorrectly designated in Plaintiffs Complaint as Sun Company, Inc. tJd/b/a Sunoco, Inc. and Atlantic'Refining & Marketing Corporation hereby reply to co-defendant Dawn R. Raynes' New Matter Crossclaim as follows: 51-52. Denied. The allegations contained in paragraphs 51 and 52 of Co- defendant Dawn R. Raynes' New Matter Crossclaim are conclusions of law to which no response is required. To the extent that a response is required, Defendants Barry Lee Mutschl,er and Sunoco, Inc. (R&M) deny that they are liable for plaintiffs injuries, if any, and further deny that they are liable to co-defendant Dawn R. Raynes for contribution and/or indemnity. On the contrary, plaintiffs injuries, if any, were caused solely by co- defendant's and/or third parties over whom Defendants Barry Lee Mutschler and "-~~~- '_ ~_~"''' l!1illmftjlr~ ~ " , ~,~~~-~ . Sunoco, Inc. (R&M) had no control, including but not limited to Mary Huber. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) request this Court to dismiss co-defendant Dawn R. Raynes' New Matter Crossclaim with prejudice. LAW OFFICES OF JOHN F. FOX, JR. By: J~~: J(%tuire Attomey for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) Date: ib -:;H- 0\ '--~1' . -:""~.j~".,.- ,-, ~. , , . ~- - - 'f . ~, "' ""< ~ . ,_'". _ o^~ ^ _, ''"' CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M)'s Reply to Co-Defendant Dawn R. Raynes' New Matter Crossclaim was served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this 26th day of October, 2001. Jay W. Stark, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, Pa 17120 C. Roy Weidner, Jr., Esquire Johnson Duffie Stewart & Weidner 301 MarketStreet P.O. Box 109 Lemoyne, Pa 17043-0109 RichardF. Maffett, Jr., Esquire MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, Pa 17110 Jeffrey Jefferson Sh~pman,Esquire Goldberg~ :Katzmali ~ Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, pa 17108-1268 LAW OFFICES OF JOHN F. FOX, JR. Date: 10-1""1 By: O~J Jti c:to n F. Fox, Jr., squire Attomey for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) ';~t,._, ' ..,. ""- ~"' , ~!j1 ~o__~, , ~,~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03453 P COMMONWEALTH OF PENNSYLVANIA: COUNTY Of CUMBERLAND HARMON STACEY VS MUTSCHLER BARRY LEE ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT TO ADD'L DEFEN. was served upon HUBER MARY E the ADD'L DEfENDANT, at 1840:00 HOURS, on the 22nd day of October ,2001 at 3 PATRICIA DRIVE ENOLA, PA 17025 by handing to MARY E ROBER a true and attested copy of WRIT TO ADD'L DEFEN. together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.75 .00 10.00 .00 37.75 So Answers: r~~~<:~ R. Thomas Kline 10/23/2001 COMMONWEALTH OF PENNSYLVANIA me this Ie- 3D - day of D~ -J. ~ Sworn and Subscribed to before By: Deputy Sheriff (JJr-;JJ......, :1e.v I A. D. C)..o-- (2. "ru,o;..~ tV tprothonotary _"&i'~-"l.&,,,,,,., ~ ~ "'CC~" ,~ , ~ POST & SCHELL, P.c. BY: PAUL W. GREGO, ESQUIRE LD. # 39701 1857 WILLIAM PENN WAY 'P.O. BOX 10248 LANCASTER, P A 17605-0248 (717) 291-4532 ATTORNEYS FOR DEFENDANT COUNTY OF NORTHUMBERLAND STACEY 1. HARMON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, NO. 01-3453 v. JURY TRIAL DEMANDED BARRY LEE MUTSCHLER, SUN COMPANY, INC., tJd/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION, tJd/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYL VANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES Defendants. PRET ,TMTN ARY OR.TECTTONS OF DEFENDANT, COUNTY OF NORTHUMRERT ,AND NOW INTO COURT, through undersigned counsel, comes the Defendant, County of Northumberland, who, hereby preliminary objects to the Plaintiffs Complaint for the following reasons: 1. This is case is improperly venued in Cumberland County. All individual Defendants are residents of Northumberland County, and the accident, which gave rise to the case occurred in Northumberland County. The only connection to Cumberland County is the "-j-_~ ~--. ~, <~, ~ -,.,.,. . J ,.- .,~ ,- --, ~~"'I' - -,-~-,--- - - . ,,~."" ~ 'II I!<" residence of the Plaintiff. Clearly, Plaintiffs residence is not an issue insofar as venue is concerned. WHEREFORE, Defendant, County of Northumberland, prays that these objections be sustained, and the case be transferred to Northumberland County. Respectfully submitted, BY: PAUL W. GREGO, ESQ Attorney for Defendant County of Northumberland -2- "~~ ~~~ - "V;;[,',,,,,,.~,<-_"",",hc_'~ Ii , . II'" 'i.'W. ~ l'mJ~ II i II , : CRRTTF1CA TR OF SRRVTCR I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person( s) at the following address( es) by sending same in the United States mail, first-class, postage prepaid: Richard F. Maffett, Jr. MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg,PA 17110 John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, P A 19467 Jay W. Stark, Esquire Strawberry Square, 15th Floor Harrisburg,PA 17120 Roy C. Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, P A 17043.0109 Jefferson Shipman, Esquire GOLDBERG KATZ & SHIPMAN 320 East Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (r~~~ SANDRA MORALES I' /o/~o/O( DATE: -3- ." ..., , - "'r""~""'~ .~.'~^' . -, .~ I~ POST & SCHELL, P.c. BY: PAUL W. GREGO, ESQUIRE LD. # 39701 1851 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 (711) 291-4532 STACEY L. HARMON Plaintiff, v. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES Defendants. ATTORNEYS FOR DEFENDANT COUNTY OF NORTHUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 01-3453 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, County of Northumberland, in the above-captioned matter. ' BY: - ~'i'g ~ iJF. " , _~ _ . POST & SCHELL, P.C. PAUL W. GREGO, ESQ Attorney for Defendant County of Northumberland ~,~ ""~'" ,'; ,:,-~-,.,-,;-w _-,<' '. .. 'Ii '. CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address( es) by sending same in the United States mail, first- class, postage prepaid: Richard F. Maffett, Jr. MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, P A 19467 Jay W. Stark, Esquire Strawberry Square, 15th Floor Harrisburg, PA 17120 Roy C. Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER 30 I Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Jefferson Shipman, Esquire GOLDBERG KATZ & SHIPMAN 320 East Market Street P.O. Box 1268 Harrisburg,'p A 17108-1268 U~~ SANDRA MORALES DATE: 10/ 3& ) p, i I -2- +,_ _,,-,_ c:r,i!f I T -"0 " - "'""'P ~ ,"-~= ~,~. .. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the witin matter for the next: o Pre-Trial Argument Court X Argument Court CAPTION OF CASE (entire caption must be stated in full) STACEY L. HARMON (Plaintiff) vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION, t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES (Defendants) No. 01.3453 Civil Action 1. State matter to be argued (i.e. plaintiffs motion for new trial; defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections. 2. IdentifY counsel who will argue case: (a) for plaintiff: Richard F. Maffet, Jr. Address: MAFFET AND ASSOCIATES 2201 N. Second Street, Harrisburg, PA 17110 (b) for defendant: Paul W. Grego, Esquire Address: POST & SCHELL, P.C., 1857 William Penn Way, Lancaster, PA 17605 3. I will notifY all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Call of Argument List Date: Attorney for Defendant County of Northumberland Dated: November I, 2001 '\""-,-, roe - ,~ ;ji~,~ T,lll;,~M".w" II ~ ,. CERTIFICA TE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first- class, postage prepaid: DATE: If {J.lol I I Richard F. Maffett, Jr. MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, PAl 711 0 John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, P A 19467 Jay W. Stark, Esquire Strawberry Square, 15th Floor Harrisburg, P A 17120 Roy C. Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Jefferson Shipman, Esquire GOLDBERG KATZ & SHIPMAN 320 East Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 0CV7d/U?~ SANDRA MORALES -,- .d __ ~ I - ':"'}" ~. ~.."",., ~ -,"~ .' . . F"\FILES\DATAFILE\DONEGAL.DOC\157-pra.21tde C~.Ited: IJl091O'IOI:42:49PM Revised: IIf09fOI02:01:05PM STACEY L. HARMON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-3453. CIVIL ACTION - LAW BARRY LEE MUTSCHLER, SUN COMPANY, INC.; ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP; COMMONWEALTH: OF PENNSYLVANIA DEPARTMENT OF: TRANSPORTATION; COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants v. MARY E. HUBER, Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Additional Defendant Mary E. Huber in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By 'T~ 't '1N:dl~,"",- Thomas J. Williams, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Additional Defendant Mary E. Huber Dated: November 9, 2001 ;C",""ff_'\\\~4 ,: ~l " ",", '"" ",. " > , ,. ~ , !< ~.:l,lL__" " .. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Jefferson Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17101 Jay Stark, Esquire Torts Litigation Section 15th Floor Strawberry Square Harrisburg, PAl 7 I 20 Roy Weidner, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 John F. Fox, Jr., Esquire 2 Penn Center Plaza, No. 1310 Philadelphia, PA 19102 Richard F. Maffet, Jr., Esquire 2201 N. Second Street Harrisburg 17110 County of Northumberland 201 Market Street Sunbury, PA 17801 MARTS ON DEARDORFF WILLIAMS & OTTO ~V~ cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9,2001 ,.~~ ,-1<' -' r -~, ~ ,-"" '.--' ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Stacey L. Harmon v. Barry Lee Mutschler and Sun Company, Inc., tld/b/a Sunoco, Inc. (R&M): and Atlantic Refining and Marketing Corp., tJd/b/a Atlantic Refining Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumerland and Borough of Northumberland and Dawn R. Raynes No. 01-3453 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS SUNOCO, INC. (R&M) AND BARRY LEE MUTSCHLER'S ANSWERTO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLAIM Defendant Sunoco, Inc. (R&M), incorrectly designated in Plaintiffs Complaint as Sun Company, Inc. tJd/b/a Sunoco, Inc., Atlantic Refining & Marketing Corporation, tld/b/a Atlantic Refining Group, and Defendant Barry Lee Mutschler, hereinafter referred to as "Answering Defendants", by and through its undersigned counsel, hereby answers Plaintiff's Complaint with New Matter and New Matter Crossclaim as follows: 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained,in paragraph 1 of Plaintiffs Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. -f.~~; _,"" l', ----~_..:'- 2. Admitted. 3-4. Denied. Answering Defendants deny that Sun Company, Inc. and/or Atlantic Refining & Marketing Corporation are the correct name of the Sunoco entity involved in the instant matter. On the contrary, Sunoco, Inc. (R&M) is the correct name of the Defendant. Strict proof thereof, if material, is demanded at the trial of this cause. 5-8. The allegations contained in paragraphs 5 through 8 inclusive of Plaintiffs Complaint refer to Defendants other than Answering Defendants and therefore, no response is required. 9. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 9 of Plaintiffs Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. 10. Admitted in part. Denied in part. It is admitted that Defendant Barry Lee Mutschler was operating a tanker tractor trailer at the time of the accident. Answering Defendants deny that Sun Company, Inc. and/or Atlantic Refining & Marketing Corp. owned the tanker tractor trailer. On the contrary, defendant Sunoco, Inc. (R&M) owned the tanker tractor trailer. Strict proof thereof, if material, is demanded at the trial of this cause. 11. Denied. The allegations contained in paragraph 11 of Plaintiffs Complaint ate deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, and to the extent that paragraph 11 of Plaintiffs Complaint implies that Defendant Barry Lee Mutschler was negligent in the operation of "<l<;" "~! ";,n> - ~, 'r.- , - - the tanker tractor trailer, it is denied. On the contrary, plaintiffs injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary E. Huber, and/or third parties over whom Answering Defendants had no control. Strict proof thereof, if material, is demanded at the trial of this cause. COUNT I 12. Answering Defendants incorporate by reference their answers to paragraphs 1 through 11 inclusive of Plaintiffs Complaint as though fully set forth herein at length. 13. Denied. The allegations contained in paragraph 13 of Plaintiffs Complaint are conclusions of law to which no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. 14. Denied. The allegations contained in paragraph 14 (a) through (d) of Plaintiffs Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Answering Defendants deny that plaintiffs injuries, if any, were the result of the careless, reckless and negligent manner in which Defendant Barry Lee Mutschler allegedly operated his tractor trailer. On the contrary, plaintiffs injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary E. Huber, and/or third parties over whom Answering Defendants had no control. Strict proof thereof, if material, is demanded at the trial of this cause. 15-20. Denied. Sunoco denies that plaintiffs injuries, if any, were the result of Defendant Barry Lee Mutschler's negligence. .On the contrary, plaintiffs injuries, if any, were caused solely by the negligence, carelessness and recklessness of Mary E. :!~_fl]~~,,_<. ,. C',~"'_1'_~ 'or 1 .. , I' ,-""" Huber, and/or third parties over whom Answering Defendants had no control. By way of further answer and after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraphs 15 through 20 inclusive of Plaintiffs Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler requests that Plaintiff Stacey L. Harmon's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against Plaintiff Stacey L. Harmon and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT II 21. Answering Defendants incorporate by reference their answers to paragraphs 1 through 20 inclusive of Plaintiffs Complaint as though fully set forth herein at length. 22. Admitted. It is admitted that Defendant Barry Lee Mutschler was an employee of Defendant Sunoco, Inc. (R&M) and was engaged in Sunoco, Inc. (R&M)'s business at the time of the accident. 23. Denied. The allegations contained in paragraph 23 of Plaintiffs Complaint are conclusions of law to which no responsive is required. To the extent that a response is required, Answering Defendants deny that Defendant Barry Lee Mutschler was negligent. Strict proof thereof, if material, is demanded at the trial of this cause. 24. Denied. The allegations contained in paragraph 24 of Plaintiffs Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil -;;iiiij~ - -,''''''''':'''~"' ,.,.,..,,-- . , ~ Procedure. By way of further answer, Sunoco denies that it knowingly and intentionally failed to properly select, train and supervise Defendant Barry Lee Mutschler. On the contrary, Defendant Sunoco, Inc. (R&M) at all times relevant hereto properly selected, trained and supervised Defendant Barry Lee Mutschler. Strict proof thereof, if material, is demanded at the trial of this cause. 25. Denied. The allegations contained in paragraph 25 of Plaintiffs Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil Procedure. By way of further answer, Sunoco denies that it was negligent and reckless by allegedly failing to properly maintain and repair their tractor and tanker trailer. On the contrary, at all times relevant hereto, Defendant Sunoco properly maintained and repaired their tractor and tanker trailer. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler requests that Plaintiff Stacey L. Harmon's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against Plaintiff Stacey L. Harmon and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT III 26. Answering Defendants incorporate by reference their answers to paragraphs 1 through 25 inclusive of Plaintiff's Complaint as though fully set forth herein at length. 27. Denied. It is denied that Defendant Barry Lee Mutschler was an employee of Defendant Atlantic Refining & Marketing Corporation. On the contrary, Defendant .!i1Ji!'Elm <,. , . 1~ Barry Lee Mutschler was an employee of Defendant Sunoco, Inc. (R&M). Strict proof thereof, if material, is demanded at the trial of this cause. 28. Denied. The allegations contained in paragraph 28 of Plaintiffs Complaint are conclusions of law to which no response is required. To the extent that a response is required, Answering Defendants deny that Defendant Barry Lee Mutschler Was an employee of Atlantic Refining & Marketing Corporation. On the contrary, at all times relevant hereto, Defendant Barry Lee Mutschler was an employee of Defendant Sunoco, Inc. (R&M). Strict proof thereof, if material, is demanded at the trial of this cause. 29. Denied. Answering Defendants incorporate their answers to paragraphs 27 through 29 inclusive of Plaintiffs Complaint as if fully set forth herein at length. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler requests that Plaintiff Stacey L Harmon's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against Plaintiff Stacey L. Harmon and in favor of Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. COUNT IV 31. Answering Defendants incorporate their answers to paragraphs 1 through 30 inclusive of Plaintiffs Complaint as if fully set forth herein at length. Strict proof thereof, if material, is demanded at the trial of this cause. 32-34. Denied. The allegations contained in paragraphs 32 through 34 inclusive of Plaintiffs Complaint are addressed to a Defendant other than Answering Defendants ",t,J<~="~,. ]j ..",,--. 1 . and therefore, no response is required. Strict proof thereof, if material, is demanded at the trial of this cause. COUNT V 35. Answering Defendants incorporate by reference their answers to paragraphs 1 through 34 inclusive of Plaintiff's Complaint as if fully set forth herein at length. 36-37. The allegations contained in paragraphs 36 and 37 of Plaintiff's Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT VI 38. Answering Defendants incorporate by reference their answers to paragraphs 1 through 37 inclusive of Plaintiff's Complaint as if fully set forth herein at length. 39-42. The allegations contained in paragraphs 39 through 42 inclusive of Plaintiff's Complaint are addressed to a Defendant other than Answering Defendants and therefore, no response is required. COUNT VII 43. Answering Defendants incorporate by reference their answers to paragraphs 1 through 42 inclusive of Plaintiffs Complaint as if fully set forth herein at length. 44-45. The allegations contained in paragraphs 44 and 45 of Plaintiff's Complaint are addressed to a defendant other than Answering Defendants and therefore, no response is required. --:'<-,"~f'.-'!'-"ll~_ ~n_,"_ .,_ ~ " " ~.....".,. ........, NEW MATTER 46. Plaintiff has failed to state a cause of action upon which relief can be granted. 47. Plaintiff's claims are baffed in by the applicable statute of limitations. 48. Plaintiff Stacey L. Harmon knew of the existence of the condition or situation, if any, as pleaded in her Complaint, yet she assumed the risk. 49. Plaintiffs claims are barred or limited by the provisions of the Compafative Negligence Statute, Pa. C.S.A ~7102, the provisions of which are incorporated by reference as if fully set forth herein at length. 50. Plaintiff Stacey L. Harmon's alleged injuries, if any, were caused solely by her own negligence, carelessness and recklessness. 51. Plaintiff Stacey L. Harmon's alleged injuries, if any, were caused solely by the acts and/or omissions of third-parties over whom defendants had no control. 52. Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Laws 75 Pa. C.S.A ~7107 et seq., as amended (hereinafter "PMVFRLn). Further, defendants hereby assert all of the defenses, limitations and immunities available pursuant to said law. 53. Pursuant to the applicable provisions of the PMVRFRL, plaintiff is precluded from pleading, introducing into evidence, proving or recovering the amounts of benefits paid or payable under said law, up to and including the limit of required benefits under said law. .o;':'i~m, .~, ~7 - =, ~ . - n-" 54. Plaintiffs injuries, if any, were caused solely by the negligence, carelessness and negligence of Mary Huber, the operator of the vehicle in which plaintiff Stacey L. Harmon was a passenger. WHEREFORE, Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler requests that Plaintiff Stacey L. Harmon's Complaint be dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against Plaintiff Stacey L. Harmon and in favor of Defendant Sunoco, Inc. (R&M) and Barry Lee Mutschler. DEFENDANTS SUNOCO, INC. (R&M) AND BARRY LEE MUTSCHLER'S CROSSCLAIM AGAINST COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND. BOROUGH OF NORTHUMBERLAND AND DAWN R. RAYNES 54. If plaintiff suffered injuries or damages as alleged in her Complaint, said allegations being specifically denied, said injuries or damages were caused by the negligence and carelessness of co-defendants Commonwealth of Pennsylvania, Department of Transportation, County of Northumberland, Borough of Northumberland, and Dawn R. Raynes 55. If the allegations contained in Plaintiffs Complaint are true, such allegations being specifically denied, then Answering Defendants aver that co- defendants Commonwealth of Pennsylvania, Department of Transportation, County of Northumberland, Borough of Northumberland, and Dawn R. Raynes are alone liable to plaintiff, jointly and/or severally liable with Answering Defendants, or liable over to Answering Defendants for indemnity and/or contribution for any amount which may be adjudged against them. WHEREFORE, Defendant Sunoco, Inc. (R&M) and Barry Lee Mutschler demand judgment against co-defendants Commonwealth of Pennsylvania, Department of ''''''~ , ~ r . . ~~-~~'",~.~ ~ 1" .~~_..... , ' Transportation, County of Northumberland, Borough of Northumberland, and Dawn R. Raynes for indemnity and/or contribution for any amount which may be adjudged against Defendants Sunoco, Inc. (R&M) and Barry Lee Mutschler. LAW OFFICES OF JOHN F. FOX, JR. By: ~ 1rJ~ ohn F. Fox, r., Esquire Attomey for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) Date: 'I -~-<JI -~_ ,~~r~ _~ ~___, ___ - , . VERI FICA TION I, BARRY LEE MUTSCHLER, state that Answering Defendants' Answer to Plaintiffs Complaint with New Matter and New Matter Crossclaim are true and correct to the best of my knowledge, information and belief. I understand that the statements contained in said pleading are made subject to the penalties of 18 Pa. C.S.A. 34904 relating to unsworn falsification to authorities. Date:/lI~/f ~ I j<''}~~~_l''~.., _ ,_ ,"-, " ......--. r .;;:~'!,~:.::i:iIjJ~,_~< . ,~.. . CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M)'s Answer to Plaintiff's Complaint with New Matter and New Matter Crossclaim was served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this 8th day of November, 2001. Jay W. Stark, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, Pa 17120 C. Roy Weidner, Jr., Esquire Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pa 17043-0109 Richard F. Maffett, Jr., Esquire MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, Pa 17110 Jeffrey Jefferson Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, pa 17108-1268 LAW OFFICES OF JOHN F. FOX, JR. By: ~k.:f~ John . Fox, Jr., uire Attomey for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) Date: ((-f'Ot ~ ~, ,~, ~- " ,- r Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Raynes STACEY L. HARMON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY! PENNSYLVANIA vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA! DEPARTMENT OF TRANSPORTATION! COUNTY OF NORTHUMBERLAND! BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, NO. 01-3453 CIVIL ACTON - LAW Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT, DAWN R. RAYNES TO CROSSCLAIM OF DEFENDANTS SUNOCO. INC. AND MUTSCHLER AND NOW, comes the Defendant, Dawn R. Raynes! by and through her counsel, Goldberg! Katzman & Shipman, P.C., and files the following Answer to the Crossclaim of Defendants, Sunoco! Inc.! and Barry Lee Mutschler: 54-55. Denied. The averments contained in Paragraphs 54 and 55 are conclusions of law and fact to which no response is "equired. If a response is deemed to be required, the averments contained therein are specifically denied as they may in any way "elate to Dawn R. Raynes. ,- n;i"""M,'1'l1r'_~ "~~ -,~~, I ~,~ _ "_^' ,. ~f; . WHEREFORE! Defendant, Dawn R. Raynes, respectfully requests that judgment be entered in her favor and that any and all claims asserted against her be dismissed with prejudice. Respectfully submitted! RG, KATZMAN & SHIPMAN! P.C. DATE: \I (~i' I 0 I 71816.1 Jef . Shipman Att rney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes -;;;,~~". '--'i' ~ """i - ., , ~ , . VERIFICATION PURSUANT TO PA. R.C.P. NO. l024(c) JEFFERSON J. SHIPMAN! ESQUIRE, states that he is the attorney for Defendant Raynes, the party filing this Answer; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. s4904, relating to unsworn falsification to authorities. DATE; \ 1/2-- VIOl 54219.1 ---I~!~""'M.< " ,~~ , .. CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United states Mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows on iL( -z-r{ 6/ Richard F. Maffett! Jr.! Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiffs John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting! PA 19467 Attorneys for Defendants, Sunoco and Atlantic Jay Stark, Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg! PA 17120 Attorneys for Defendant, PennDOT GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: II f 2-?(O( 67041. 1 Jef ers Att rney I.D. 51785 John R. Ninosky, Esquire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Raynes ,'f~1'11O"tr-"",-~ , ,.', q-~ - . r ,- RICHARD F. MAFFETT, JR.. ESQUIRE ID #35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff STACEY L. HARMON, Plaintiff IN THE COURT OF COMMON PLEAS CUKBERLAND COUNTY, PENNSYLVANIA v NO. 01-3453 BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTBUHBERLAND, BORO,UGH OF NORTHUKBERLAND, and DAWN R. RAYNES, Defendant ................................................................................................... CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT DAWN R. RAYNES AND NOW, this 27th day of December, 2001, comes the Plaintiff, STACEY L. HARMON, by her attorney, Richard F. Maffett, Jr., Esquire, and in response to the new matter of Defendant Dawn R. Raynes, hereby submits the following: 46-50. Denied pursuant to Pa.R.C.p. l029,,(e.l. 51-52. Denied. The Averments of Paragraphs 51 through 52 of Defendant Dawn R. Raynes' New Matter are directed to the other ,-,,~.._~~ ~~~ . _~'1'~ ,_~~ _. I " ,- :-~"'~-="!" . J Defendants, and not to Plaintiff, and thus no response is necessary. WHEREFORE, Plaintiff respectfully requests that the new matter of Defendant Dawn R. Raynes be dismissed and judgment be entered in favor of Plaintiff. Respectfully submitted, - ,.,.", ,'" ~ f' ." VERIFICATION I, SANDRA K. HARMON, Parent and Guardian for Stacey L. Harmon, Plaintiff, have read the foregoing Plaintiff's Reply to New Matter of Defendant Dawn R. Raynes and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. ~4904. Dated: I:J. - 3 -d,OOI M-t!~ SANDRA K. HARMON, Parent and Guardian for Stacey L. Harmon, Plaintiff ~'-~' """""" -..' . '""" r :-.<'i~H\,L~ s; ~ ,_ j, : CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff's Reply to New Matter of Defendant Dawn R. Raynes by depositing same in the United States Mail, postage prepaid, addressed as follows: John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 (Mutschler, Sunoco and Atlantic) Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 (County of Northumberland) Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Dawn M. Raynes) Dated: December 27, 2001 . . Jay W. Stark, Esquire Sr. Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 (PennDOT) C. Roy Weidner, Jr,. Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Borough of Northumberland) Richard E. Freeburn, Esquire Freeburn & Associates 4415 North Front Street Harrisburg, PA 17110 ! "~r ~r- , ~ '>'- A RICHARD F. MAFFETT. JR.. ESQUIRE ID #35539 2201 North Second Street Harrisburg. PA 17110 717.233.4160 Attorney for Plaintiff ............................................................--....................................; STACEY L. HARMON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-3453 BARRY LEE MUTSCHLER, SUN : CIVIL ACTION - LAW COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC JURY TRIAL DEMANDED REFINING << MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES, Defendant ................................................................................................... PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS SUN COMPANY. INC.. t/d/b/a SUNOCO. INC.. ATLANTIC REFINING << MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP AND BARRY LEE MUTSCHLER AND NOW, this 27th day of December, 2001, comes the Plaintiff, STACEY L. HARMON, by her attorney, Richard F. Maffett, Jr., Esquire, and in response to the new matter of Defendants Sun Company, Inc., t/d/b/a Sunoco, Inc., Atlantic Refining & Marketing Corporation t/d/b/a Atlantic Refining Group and Barry Lee Mutschler, hereby submits the following: ':~1"""'!I'iiil!'W' <~ "", .- ~ 46-54. Denied pursuant to Pa.R.C.P. 1029(e). 54-55. Denied. The Averments of Paragraphs 54 through 55 of Defendants' New Matter are directed to other Defendants, and not to Plaintiff, and thus no response is necessary. WHEREFORE, Plaintiff respectfully requests that the new matter of Defendants Sun Company, Inc. t/d/b/a Sunoco, Inc., Atlantic Refining & Marketing Corporation t/d/b/a Atlantic Refining Group and Barry Lee Mutschler be dismissed and judgment entered in favor of Plaintiff. Respectfully submitted, JiM! .;.w_fO!i~""'-<JlIi_" ., , -" - I VERIFICATION I, SANDRA K. HARMON, Parent and Guardian for Stacey L. Harmon, Plaintiff, have read the foregoing Plaintiff's Reply to New Matter of Defendants Sun Company, Inc., t/d/b/a Sunoco, Inc., Atlantic Refining & Marketing Corporation t/d/b/a Atlantic Refining Group and Barry Lee Mutschler and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. ~4904. Dated: / J - :3 -0100/ ~;!~ - SANDRA K. HARMON, Parent and Guardian for Stacey L. Harmon, Plaintiff '~1 ~_' _Cul&.~., CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff's Reply to New Matter of Defendants Sun Company, Inc., t/d/b/a Sunoco, Inc., Atlantic Refining & Marketing Corporation t/d/b/a Atlantic Refining Group and Barry Lee Mutschler by depositing same in the United States Mail, postage prepaid, addressed as follows: John F. Fox, Jr., Esquire 607 Anthony Drive Plymouth Meeting, PA 19467 (Mutschler, Sunoco and Atlantic) Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 (County of Northumberland) Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Dawn M. Raynes) Dated: December 27, 2001 '-~,,~ ,~ , Jay W. Stark, Esquire Sr. Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 (PennDOT) C, Roy Weidner, Jr,. Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Borough of Northumberland) Richard E. Freeburn, Esquire Freeburn & Associates 4415 North Front Street Harrisburg, PA 17110 b.~~j"q ~~ """"""f - ~ . Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 STACEY L. HARMON Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, P A v. BARRY LEE MUTSCHLER, SUN :NO: 01-3453 COMPANY, INC. t/d/b/a SUNOCO, INC.; ATLANTIC REFINING AND MARKETING: CORPORATION t/d/b/a ATLANTIC REFINING GROUP; COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; AND DAWN R. RAYNES Defendants v. MARY E. HUBER Additional Defendant NO. CI-99-06918 REPLY TO NEW MATTER OF DEFENDANT DAWN RAYNES AND NOW comes the defendant Commonwealth of Pennsylvania, Department of Transportation, by and through the Office of Attorney General, to ftle the following reply to the new matter of defendant Dawn Raynes: 46. Denied. It is specifically denied that the plaintiff's injuries and damages were not caused by any acts, omissions or breaches of duty by defendant Dawn Raynes. 47- 49. The averments of these paragraphs are directed to other parties, and, accordingly, no response is required. ':;;>Il--"\,!""'llf!'; ,~ ,. ,.. r 50. Denied. It is specifically denied that the Commonwealth Defendant was negligent in any manner with respect to Plaintiff's alleged cause of action or that such negligence caused in any manner the accident or plaintiff's injuries. After reasonable investigation, the Commonwealth Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments. (second) 50. These averments are legal conclusions requiring no response. If a reply is deemed to be required, it is specifically denied that defendant Dawn Raynes's negligence was not a proximate cause of any damages to the plaintiff. 2252(d) New Matter 51. The allegations set forth in this paragraph constitute conclusions of law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that portions of this paragraph could be construed as factual allegations, said allegations are specifically denied as they relate to the Commonwealth defendant. It is specifically denied that the Commonwealth Defendant was negligent or is liable in any manner with respect to plaintiff's alleged cause of action. 52. The allegations set forth in this paragraph constitute conclusions oflaw to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that portions of this paragraph could be construed as factual allegations, said allegations are specifically denied as they relate to the Commonwealth defendant. It is specifically denied that the Commonwealth Defendant was negligent in any manner with respect to Plaintiff's alleged cause of action. It is further specifically denied that the Commonwealth defendant is liable in any manner to defendant Raynes for contribution and/or indemnity. '~~~~ , ~ ., ,- . ,. ~ WHEREFORE, Commonwealth of Pennsylvania, Department of Transportation, respectfully requests that judgment be entered in its favor and against all other parties. Respectfully submitted, D. Michael Fisher Attorney General tar ID #51786 uty Attorney General DATED: January 30,2002 i';~#ll\.-"j$.~,~, -I" VERIFICATION I, Jay W. Stark, Senior Deputy Attorney General, in my capacity as counsel for PennDOT in the within action, hereby verifY that the foregoing statements are true and correct to the best of my knowledge, information and belief. d Dated: January 30, 2002 ';~",=~ ,.-.",,,,,,. ~',' ~- - ~^...." I <~~ _];'I; CERTIFICATE OF SERVICE I hereby certifY that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD F. MAFFETT, JR. ESQUIRE MAFFETT & ASSOCIATES 2201 N. SECOND STREET HARRISBURG, PA 17110 717-233-4160 (Attorney for Plaintiff) PAUL W. GREGO, ESQUIRE POST & SCHELL, P.C. 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 717-291-4532 (Attorney for County of Northumberland) JOHN F. FOX, JR., ESQUIRE 607 ANTHONY DRIVE PLYMOUTH MEETING, P A 19467 215-568-6868 (Attorney for Mutschler, Sunoco & Atlantic) C. ROY WEIDNER, JR.,ESQUIRE JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOYNE, PA 17043-0109 717-761-4540 (Attorney for Borough of Northumberland) THOMAS J. WILLIAMS, ESQUIRE MARTSON DEARDORFF WILLIAMS & OTTO TEN EAST HIGH STREET CARLISLE, PA 17013 717-243-3341 FAX 717 243-1850 (Additional Defendant Huber) JEFFERSON 1. SHIPMAN, ESQUIRE P.O. BOX 1268 HARRISBURG, PA 17108-1268 (Attorney for Dawn R. Res) By: Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-3148 - Direct Dial DATED: January 30,2002 >-,:~. .' ~- '-. -,,- ,. '~',~ T" - p' . Johnson, Duffie, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Borough of Northumberland Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3453 STACEY L. HARMON, v. BARRY LEE MUTSCHLER, et al.. CIVIL ACTION - LAW Defendants PRAECIPE TO LIST CASE FOR ARGUMENT TO THE PROTHONOTARY: Please list the within matter for the next: Pre-Trial Argument XX Argument Court 1. State matter to be argued (I.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Presentation of Defendant Borough of Northumberland's Preliminary Objections to Plaintiff's Complaint. 2. Identify counsel who will argue case: (a) for Plaintiff: Richard F. Maffett, Jr., Esquire Address: Maffett & Associates, 2205 N. Second Street, Harrisburg, PA 17110 (b) for Defendant: Michael J. Cassidy, Esquire Address: Johnson, Duffie, Stewart & Weidner, P.O. Box 109, Lemoyne. PA 17043-0109 3. I will notify all parties in writing within two (2) days that this case has been listed for argument. 4. Argument Court Date: Call of Argument List Date: March 27 2002 JOHNSON, DUFFIE, STEWART & WEIDNER . By: ~. - IC'.J '7 Mi~J. Cassidy Att~y' i.D. No. 82164 Attorney for: Def. Borough of Northumberland : 155287 ::-:i-.:''C'_>,__-_FJ'1fll1. ~ll ~r "-=-. ~- , , ~.=~ ~ CERTlFICA TE OF SERVICE rll AND NOW, this S' day of March 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing BRIEF upon the other parties of record by causing same to be deposited in the United States Mail. first class postage prepaid, at Lemoyne. Pennsylvania, addressed as follows: Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P. C. 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 1 flh and John F. Kennedy Boulevard Philadelphia, PA 19102 Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Jay W. Stark, Esquire Sr. Deputy Attorney General Torts Litigation Section 1 flh Floor, Strawberry Square Harrisburg, PA 17120 Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER . By: ? - )[7 MiCh~. Cassidy ~ ~ !:"'-f*~""""""",,,,,",,,,,'ffiO,., " ~ - I" - OFFICE OF PROTHONOTARY COURTHOUSE /cAarti- F fYlaN<L-! JR. Scx:_At:{ '1'-;174 {fC!.-ft- Carlisle, PA ;);)0 / tJ,/~ S'1-C{)no( S (~f /.jqrr75 bur; pA 17/ to TO The County of Cumberland j)()r;{ /S- c?IJCfJ. 19_ I (>/o<;L" /-0 0ns-kr (l,,~ 10 A.hr.tAuMWtora S/a"'-l/ I . / I on 1/, fj"~/1/ LAL /Y;lJ.-hrhkr-E!/11 { " (In(J1/ f1st /?/ JIn,(, b:h blJ. ~(1 M.....~ _ ..,..,.}(cO 50 I \./ 'I 0 L/, I r'{j5(~ . v . , " ~."J., 95 /OmL. P!e.aie. L'3,n:! ?41//>W>'L -I ;"0 (l II IYlVJ~rJ n rd. I (l ~v1'L PfbTho(\o+c,rv I , 7'hrllk:s Po, ~\1 MAKE CHECK PAYABLE TO PROTHONOTARY. COMMON PL/AS COURT f(,., 4 wS' . /Y) 0) ~ to f?c horr;;{ (/lq Pf<-R:Ji, 4 ~ / S - ()~ ~ CjJ c1()')O ~vI6/tM P Ilr19,O;), K #/t?1/~/3 uJ~:3<(53(;;' I ",,*t~~~~ ~ < ,~.- MAR 2 1 2002 ~ ...~~~~~;..~.:....~~~;............_...._..m..............m1 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v BARRY LEE MUTSCHLER, SUN COMPANY, INC. t/d/b/a SUNOCO, INC., ATLANTIC REFINING << MARKETING CORPORATION, t/d/b/a ATLANTIC REF:INING GROUP, C0lQ10NWBALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMaERLAND, i,',. CIVIL BOROUGH OF NORtHUMBERLAND, and ...~~:...~~~;;.~;~~....................................................1 JURY NO. 01-3453 ACTION ~ LAW TRIAL DEMANDED AND NOW, ORDER this 2,2- day ~ '>, 2002, upon consideration of the Stipulation signed by each of the above- captioned parties that the appropriate venue for the above- captioned action is Northumberland County, Pennsylvania, IT IS HEREBY ORDERED AND DECREED TUAT: the above-captioned matter is transferred to the Court of Common Pleas of Northumberland County, pennsylvania, for disposition. BY THE CO // J. '''j'",,:;]),-,. - "~-, ," ... -, .Johnson, Duffie, Stewart & Weidner By: Michael 1. Cassidy J.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 STACEY L. HARMON, Plaintiff v. BARRY LEE MUTSCHLER, et aI., Defendants JAN OJ hel,t: Attorneys for Defendant Borough of Northumberland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3453 CIVIL ACTION - LAW JURY TRIAL DEMANDED ST/PULA TlON The parties to the above referenced matter agree the Court of Common Pleas of Northumberland County, Pennsylvania, is the appropriate venue for this action. As such, the parties hereto respectfully request this Honorable Court enter an Order transferring this matter to the Court of Common Pleas of Northumberland County, Pennsylvania, for disposition. MAFFETT & ASSOCIATES By: ~~F~~!::1!}W j Attorney for Plaintiff Stacey Harmon ~.J: l1~J4. ohn F. Fox, Jr. I ' Attorney for Defendants Barry Lee Mutschler, Sun Company, Inc. and Atlantic Refining & Marketing Corporation Paul W. Grego Attorney for Defendant Coun Northumberland GOL BERG, KATZMAN & SHIPMAN, P.C. y:q-11 ~A A.A. ~Q~~ efferson J. Shfpman Attorney for Defendant Dawn R. Raynes :153113 '--';IL,.i, '~, , JOHNSON, DUFFIE, STEWART & WEIDNER va:: ./ . - J CJ, r--...... M~I J. Cassidy ... A ney for Defendant Borough of Northumberland M~~ON, DEARD~RFF, WILLI~MS & OTTO ~y:' 1~tl,V~\N~ Thomas. illiams Attorney for Additional Defendant Mary E. Huber ~ic.ho.R.d rRee b\.J..rn, [56 t~ ~ 03 -.15-0 t\ ~S =~. . CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing proposed Order and Stipulation upon the following by depositing same in the United States Mail, postage prepaid, addressed as follows: Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way Lancaster, PA 17605-0248 John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th & John F. Kennedy Boulevard Philadelphia, PA 19102 Jay W. Stark, Esquire Office of Attorney General Strawberry Square, 15th Floor Harrisburg, PA 17120 Jefferson Shipman, Esquire Goldberg, Katzman & Shipman 320 East Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Michael J. Cassidy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Richard E. Freeburn, Esquire Freeburn & Associates 4415 North Front Street Harrisburg, PA 17110 Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Dated: .) /1 /~2. /1A1 I Ai!/? ~) Richard F. Maffet , Jr., sq. ";'''-F-W!~_,,,,,,__", ~ ~r~_. ,,' ~, - "~.=; Curtis R. Long Prothonotary Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor <!f)fIice of tbe l'rotbonotarp l!Cumberlanb l!Countp Court of Common Pleas Cumberland County, Pennsylvania Docket No. ;<001- 3Lf5.3 ~ 'i3 ~:;r;', '% "'Ii 00 -;;0 _ -<-;0.' "" ,,- ::c ::~ o~.... o ,_, ~u :;C~" ~ ,..... o -:.; ~ -\C", ..,..,c S ,'. ~. .. ..<. c.fI o Please acknowledge receipt of this case by signing and dating this document. Please send this back to: PROTHONOTARY OFFICE .,- CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Attn: Becky Record received: Date: L/ !8J!O:L. (signature & title) PRO ONOTARY One Courthouse Square' Carlisle, Pennsylvania 17013 . (717) 240-6195 . Fax (717) 240-6573 0'. _~,~, ~. >_,<, _""', _ " " -,- - -, . STACEY L. HARMON, plaintiff vs. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3453 CIVIL ACTON - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE withdraw the appearance of the undersigned on behalf of the Defendant, Dawn R. Raynes, in the above-captioned matter. DATE: TO THE PROTHONOTARY: SHIPMAN, P.C. J f son J. Shi an, A torney I.D. 51785 P.O. Box l258 Harrisburg, PA 17108-1268 Attorneys for Defendant Raynes PLEASE enter the appearance of the undersigned on behalf of the Defendant, Dawn R. Raynes, in the above-captioned matter. DATE: 67032.2 Menapace, Esquire ont street 556 PA 1780l ?~,,~'''--. ~"~?~1--',~,',,;'- ':'",--c-o._", >"'c~'-" "'~~__--__";'''';''__~"",,__.' "-~" ~_ ",~-_ --"""~~;---, 0- ._",.. CERTIFICATE OF SERVICE I, ROBERT J. MENAPACE, ESQUIRE do hereby certify that I have served a copy of the foregoing Praecipe upon the following by depositing the same in the United States Mail, postage prepaid, at Sunbury, Pennsylvania, this lSth day of May, 2002. Richard E. Freeburn, Esquire Freeburn and Hamilton 44lS North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs, Nicholas Hevel, Brittany Russ, Sherry Jacobson and Michael Gutshall Richard E. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff, Stacy L. Harman John F. Fox, Jr., Esquire l3l0 Two Penn Center Plaza lSlli and JFKBoulevard Philadelphia, PA 19102 Telephone: 215-568-6868 Attorney fot Barry Lee Mutschler, Sun Company t/d/b/a Sunoco, Inc., Atlantic Refining and Marketing Corp. t/d/b/a Atlantic Refining Group Jay W. Stark, Esquire Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA l7120 Attorney for Penn DOT ~{'- .. <" , Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box l0248 Lancaster, PA 17605-9247 Attorney for County of Northumberland C. Roy Weidner, Jr., Esquire Johnson, Duffie, Steward & Weidner 3~ and Market Streets P.O. Box 109 Lemoyne, PA 17043-0l09 Attorney for Borough of Northumberland Thomas J. Williams, Esquire Martson, Deardorff, Williams and Otto, P.C. 10 East Higfi Street Carlisle, pA 17013 Attorney for Additional Defendant, Mary E. Huber Jefferson J, Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg,~PA 17108-1268 WALSH & MENAPACE BY: o ERT . MENAPACE, ESQ., I.D. #36029 62 N. Front Street, P.O. Box 556 Sunbury, PA 17801-2l40 (570) 286-6500 Attorney for Defendant Dawn R. Raynes '''i\1\.."" ,- ~. ',,~,. ~ - !!~ M ,- "~~--- "" ~ d~H,<Lm11Jl~~ , ~ '. I 0 C) () C f'.o -n ::f,- :':~ -0 OJ ?-. ~} mrTl .-"', Z~U ,fTl zr'. -:_-:l'~J ~:I: (,. -, ~ yO .." ~~ ;!>C' ::::: c.Y z .' ~-O ,~ Orn :Pc ~ ~ 1'0 :0 Irv -< ~~P~mJ;~~~_m1 "~__:.~,,,-~'i';-'lii'W%,,#,~,,-_,,~,"'~"""ii-';il-'_'P"'l""iWf.'I{,?I'i~f.""i~%ii;:'i.?:r.:Jtf!i'A'H%'KH,q:Y,!,'J);R1f4~~~~~ " c STACEY L. HARMON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-3453 v. CIVIL ACTION - LAW BARRY LEE MUTSCHLER, SUN COMPANY, INC. tld/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION tld/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, JURY TRIAL DEMANDED Defendants RULE TO SHOW CAUSE AND NOW; this 6 day Of~()V-" , 2002, upon consideration of the foregoing motion, a rule is hereby issued to Plaintiff to show cause, ifany there be. why said motion should not be granted. Rule returnable 20 days after seNice. L~ ~ 0/, -o,,-~ Rf\s CO '. J ( o...ttiv. 1'.\ i \ \\O.H\S - 01Y\ellO-.pac e ~re>to ;&-h~< IFb'J. Jf) Q rFe rt rW e.\d~~ J. - - . .""'-~':r. . ?_"I,- _',0"._.",._., _I -,=,. -c I ,,~ '" '~>, "'," _ ."~, _ _,___, _~ __" _ ~__,_ ',_ , _ "1" -.' ""r,,"_^'" ., _~~!Ii.m\:wi,l\;~WillO:'-' ~"""''''''''"'''~diUIl::~~mi,t~~;:lJia~i!iiii;'';'''';'''Ia''''' CF: '-fi-I\C/V )I"'il 0,? Ii f!>! ~ i_ V,,~ \~ ,_-, ",' .: i; ..;. L.C:: /"'1 J ~, t r--,,__ vUjv~bt.h'~j -J \ I r;r :~ !rdTY P;:I'\II'\I(~\/I-\ ',11J,;!.':..J '! ....._'1,1 'k.lI l_,;'!,,;\;Jj--\ '" "-" "~,,, " ~^ " "' y-~,... ~~'<'.' ~I '"' ~'-*'~~" -",' -.- ^--< -~ ,,,,,,,...' .~ ,,'^-' .. ~~~. "-. 'i Ii !l Ii ,I i] !, 'I Ii ,i II i] d il , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3453 STACEY L. HARMON, v. BARRY LEE MUTSCHLER, SUN COMPANY, INC. t/d/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND and DAWN R. RAYNES, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants MOTION FOR PLAINTIFF TO PA Y COSTS OF TRANSFER OF VENUE AND NOW, this t'f!!:- day of May, 2002, comes Defendant Borough of Northumberland, through its undersigned attorneys and moves for an Order that Plaintiff pay the costs of transfer of venue to Northumberland County upon the following: 1. Plaintiff commenced this action by praecipe for writ of summons filed June 5, 2001. 2. Plaintiff named as one of the Defendants the Borough of Northumberland located in Northumberland County, Pennsylvania. 3. Defendant Borough of Northumberland was served with the writ of summons on July 2, 2001. 4. At no time thereafter was an appearance entered on behalf of Defendant Borough of Northumberland until after it was served with Plaintiff's complaint. "". , .,., '~<'"',",.~~,<-". _,_'_"_-'""_,,,p-, ,..,,><:, _,_,- C'>, ~_~,,,,,_, -"_~,'_ "~, ~, 'r- ,,,,. . . 5. On September 20, 2001, Plaintiff filed her complaint. 6. The Plaintiff served her complaint upon Defendant Borough of Northumberland by mailing a copy of it to its 221 Second Street, Northumberland, Pennsylvania address on September 20, 2001. 7. Plaintiff's complaint is for personal injuries arising out of a motor vehicle accident occurring on June 6, 1999 at the intersection of Front Street and Hanover Street in the Borough of Northumberland, Northumberland County, Pennsylvania. 8. As averred in paragraph 7 of Plaintiff's complaint, Defendant Borough of Northumberland is a political subdivision located in Northumberland County, Pennsylvania. 9. Pa. R.C.P. No. 2103(b) provides "Except when the Commonwealth is the plaintiff or when otherwise provided by an Act of Assembly, an action against a political subdivision may be brought only in the county in which the political subdivision is located." 10. Plaintiff's complaint fails to state any basis for venue against Defendant Borough of Northumberland in Cumberland County, Pennsylvania. 11. Defendant Borough of Northumberland filed preliminary objections to Plaintiff's complaint based on improper venue on October 17, 2002. 12. On October 31,2002, Defendant County of Northumberland filed similar preliminary objections to Plaintiff's complaint. 13. Defendant Borough of Northumberland County's preliminary objections were listed for argument at the December 12, 2001 and March 27, 2002 sessions of argument court by Defendant Borough of Northumberland. 14. On March 2, 2002, in response to Defendant Borough of Northumberland's preliminary objections, Plaintiff filed a stipulation to transfer venue to the Court of Common Pleas of Northumberland County, Pennsylvania with an order of court to be signed to effectuate that transfer. -, ~i'--"''o~ - '''~<",'",__",~ ',_"</\~~'-.'''r, ',"~_ ,. '-~ .,'<t',.' ... ,,', I, _~ "',0 .~_ __~, 0<_ 15. As a result, on March 22, 2002 the Honorable Edgar B. Bayley ordered the transfer of the above captioned matter to the Court of Common Pleas of Northumberland County, Pennsylvania, a copy of said order being attached hereto, incorporated by reference herein and marked as Exhibit "A" hereto. 16. The Prothonotary of Cumberland County has not transferred the record of the above captioned action to the Court of Common Pleas of Northumberland County, Pennsylvania because the costs of transfer have not been paid. 17. Inasmuch as Plaintiff filed the above captioned action in an improper venue and Defendants Borough of Northumberland and County of Northumberland timely anp properly objected by preliminary objection, the costs and fees for the transfer and removal of the record should be paid by the Plaintiff pursuant to Pa. R.C.P. No. 1006(e). 18. There are currently three other actions pending in the Court of Common Pleas of Cumberland County, Pennsylvania arising out of the motor vehicle accident referred to in paragraph 7 above, to wit: Nicholas Hevel, et al. v. Mary Huber to number 99-6498; Stacey L. Harmon v. Mary Huber to number 99-7449; and Nicholas Hevel, et al. v. Barry Lee Mutschler, et al. to number 01-3504 19. All of the actions referred to in paragraph 17 above are the subject of an order by the Honorable Edgar B. Bayley to show cause why they should not be consolidated and transferred to Northumberland County dated May 9, 2002. WHEREFORE, Defendant Borough of Northumberland moves that an order be entered that Plaintiff pay the costs of transfer of the record and such other matters as may be required to be transferred to the ,,,, ~ ~ ,,.,,,.,,. ...., ",,-_;_1'C '-'-""'. ',!-':C",c:, '. ."','" "-,,,,', .-- ",. " ,."" " f---"~ -- ',- " ~-<~"", .~ .0 .. Prothonotary of Northumberland County, Pennsylvania within a time specified in said order of suffer sanctions, including dismissal of her suit. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER ~ By' . . Ro eldner, Jr. Attorney I.D. No. 19530 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Borough of Northumberland :158789 5774-356 ,'<"~,, ~~ ~ ''''C' ,".-~'r "". ^,"-""---o-. "~'.,~".., ';' ~_"",~ "",.. .""~ _r,,"',' "__'__ ~",'" -,'''~'''''''~, ' ,,^"', CERTlFICA TE OF SERVICE AND NOvv, this ~9<Haay of May, 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing motion upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Richard F. Maffett, Jr., Esquire Maffett & Associates 2201 North Second Street Harrisburg, PA 17110 John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th & John F. Kennedy Bo~vard Philadelphia, PA 191~ Jay W. Stark, Esquire Sr. Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Robert J. Menapace, Esquire Walsh & Menapace 62 North Front Street P.O. Box 556 Sunbury, PA 17801-2140 Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 . Lancaster, PA 17605-0248 Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER BY:~k~~ ichelle Hagy f)Jt,~" - ~- -," " . .",J'~,,~"" ,- ~l,,':--;""J, .~_,_" _"":", "t"" c _'_c"',"'~" ~, _._ ,-'. -,. ~, ' EXHIBIT ~~" ''''l!iW":i'l1''1'!!fq --, '. _ ~ r MAR 2 1 z~ozY ....................................................................n............................~...! STACEY L. HARMON, 1 IN THE COURT OF COMMON PLEAS BARRY ::::n::CKLD, ... I. CUMB. ERLAND COUNTY, PENNSYLVANIA COMPANY, , Il(C. t/ d/b/ a SUNOCO, INC., ATLANTIC REFINING << : NO. 01-3453 MARKETING CORPORATION, t/d/b/a . ATLANTIC REFINING GROUP , . COMMONWEALTH OF. PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF l(ORTJlUMBERLAND, 1:1:. OI""''''''''''' - "'" BOROUGH OF NORTHUMBERLAND, and DAWN R; RA. YNES, . . i::. JURY TRIAL DEMANDEI> Defendants ....................................................................................................... AND NOW, ORDER this 22o.J day OfQ}ah~ , 2002, upon consideration of the Stip1l1atioIlsigned by each of the above- captioned parties that the appropriate venue for the above- captioned action is Northumberlaild County,Pennsylvania, IT IS HEREBY ORDERED AND DECREED THAT: the. above-captioned matter is transferred to the Court of Common Pleas of Northumberland County, pennsylvania, for disposition. BY THE COURT: LS/Flr,1 -A&~ ~-'-~~""'~.' -\L '__,' ,,_ ~-- -' . . I:'j H ':: !:j "~ ID~ __. m~._ " ~_.H'" =.'",-' ;';''' "'~<~ ^--~,.~ -' ,,,.;,,,:<;-,,-,,,.='-' ,~. --~'~.,-' ,-~," --.~~= .. 0 0 c: f'.) n < -r.) r{~ ~J , ; ... L. rn C..J \,'- '.~,~ ... '. , ( 1...._ ",. 'i') -. to -' , - -.", :;::: - - h C .' 5;: i..._' :...J , I Tl c:~ L:" ,'0 :i~:! -~ :D -< --< j'P....-,.~, ~""'~~!lhr,.,..~~.~.=_ LV:~~M;rlf~:'FIb'*'<""!N-~""'"' ft!.'j-e'-1_"n',""",^,''i!!.!!'Y'"'''''''' "'"pe';"iHl'm$'l\!f'~_~'~~j""j',0',\'_Q.~;,;,''<:~''!'~ii-f,J\4l'I~~~~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. ()/- 3VS() LINDA C. PINOS, Plaintiff ROBERT J. PINOS, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 - ~^ ;-',' r_-',c~'_ .' ,-- .--___ ,.:p,_',__ .-.-- _ .C^,~T ,,,,-~ - ~^_, ". ~"p , I _ ~. ," ~-- ~ ~ Barbara Swnp1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, PA 17070 (717) 774-1445 LINDA C. PINOS, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/- .3IjSb c;,;,J ~ ROBERT J. PINOS, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Linda C. Pinos, an adult individual residing at 419 Walnut Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Robert J. Pinos, an adult individual residing at 1527 Fisher Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 11, 1973 in Chester County, Pennsylvania. 5. There are three (3) adult children born of this marriage. ;,-,-- '- - ~---,' ,,~,,_,C?; , .,~, ',- _""_-, ,~--,- "" -__~,,__';",,-_. _''? c~,,,,__,,,,_' ,"<" , ~ '''.--- 6. The parties separated on August 27,2000. 7. There have been no prior actions for divorce or armulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that connseling is available and that Plaintiff has the right to request that the court require the parties to participate in connseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. II. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with ~ 3301 of the Pennsylvania Divorce Code. COUNT IT EQUITABLE DISTRIBUTION 12. The averments in paragraphs I through 11 of Plaintiff's Complaint are incorporated - :'~, P'---'-'~-'" .,-"?,-,-- ,-~- " - '<", -.' :~ ""~- - c_ ,,_. -,G.'W',.Y"'_ - w, ~ . . . herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Linda C. Pinos, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. A warding other relief as the Court deems jUS~d r / / / harbara Sumple-Sullivan, EsqUire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 Dated: June 5, 2001 ','e. '- ..- ,,'"/~ - ,- --,'-," , ,~ _ 'z "r ,_"__--0 _L Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LINDA C. PINOS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ROBERT J. PINOS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING I. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: :1M'; Of )1 mdtL e~ LINDA C. PINOS . ,:'. ~" -,. ~, '. "'~' "" ".-.'.:,.~" .'--'~ c.'"',' """H'...'~"~:,,,j-";-~'~ -, ,<,',_',__,0 "e-"',',-'-c"'"" "/'" -i""-' ':""''''''~-=::'- _. " ~"_, " .'. ,"1". .,_"",,,, ,c'""", ~~" ", ,. :;;: Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LINDA C. PINOS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ROBERT J. PINOS, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, LINDA C. PINOS, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. JtA/!~ DA C. PIN Dated: 2/;'b/t9! "-t.'^ k>: "+:""o;',~\~'i'7:~:,<r:,'~f!~,:,":~--"r-__ '--:' (," - ,', " "'~?~" t" ~ '-"'F\', '" - '''''~'''.,,"' ." , .~~!-<-,. ",~--,-,,-. ~"<; "" ''''~I ~" ~'- . . . . ?-'C Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LINDA C. PINOS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-03450 ROBERT J. PINOS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA vrT OF SERVICE I, Barbara Sumple-SuIlivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 70000600002838925008, Return Receipt Requested, on the above- named Defendant, Robert J. Pinos, on June 6, 2001 at Defendant's last known address: 1527 Fisher Road, Mechanicsburg, P A 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsv n to authorities. Dated: June 8, 2001 Barbara Sumple-SulJivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff \1-, , ^ ~-: ,:''''''''''_~'>''':;h~';-Y',":'''''''' ?~- ,c.,.F,;''C,J,"''I,'''''' ,"-- """~"~ ".- -,". ., '-'~~-' lU IT" ctI ", .... CI CI LI1 ... 1'1,1 CI f:J Return Receipt Fee (Endorsement Required) Restrlcted Delivery Fee (Endorsement Required) Postmark Ho", J Total postage & Fees $ .b 06/0512001 CI CI ...n Reciplent's Name (please Prin~, 9iearly)' (to .b'!.:completed by mailer) 0:3 .Mr_~nRnhArt __J_ nPinos___.____n____nnnw____.___nn____.___n_ ,s~~,~OBoxFio. d ~ ;.~~~S:ri;PAn17.0&5nn----w---.------.nn.-----nn- ~_!P' ',~ :C' ,,> ,<' ,,,,,,,",vn""""--~" ,^,,> """~,\c,:,;:","~",,,~,,.,,., ,1..,-^,/~';O'"''>~"',,_,., "niple1~ itemsl; 2, arid 3; AlSo complete i.m 4 if; RestriCrt'ed Delivery is desired. .' JilIllInt your name and address on the reverse ,",: that we can return the card to you. .' .ach this card to the back of the mail piece, e:r o~ th~ front if space permits. 1. dele Addressed to: .... Robert J. Pinos 1 sn Fisher Road " . ~anicsburg, P;J" 17055 .. ,_''''-'" __ -__~_ --~."'_o--_.~..'. RESTRICTED DELIVERY 3. Service Type e..certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merolll'8FIllllse o C.O.D. 4. Restricted Delivery? (Extra Fee) .. Yes "._-------~ EXHIBIT "A" _ c- '~'.-. ?_"'~~_ ,~,,-';, ,,,:c~,:,~'- ,_, - " eo,,,~, - - ~-- " , ~"". " RICHARD F. MAFFETT, JR., ESQUIRE Attorney I.D. #35539 2201 North Second Street Harrisburg. PA 17110 (717) 233-4160 Attorne for Plaintiff STACEY L. HARMON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-3453 BARRY LEE MUTSCHLER, SUN COMPANY, INC. t/d/h/a SUNOCO, INC., ATLANTIC REFINING << MARKETING CORPORATION, t/d/h/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT BOROUGH OF NORTHUMBERLAND'S MOTION FOR PLAINTIFF TO PAY COSTS OF TRANSFER OF VENUE WITH PLAINTIFF'S NEW MATTER: MOTION FOR AWARD OF COUNSEL FEES AND NOW, this ~ day of June, 2002, comes Plaintiff STACEY L. HARMON, by her attorney, Richard F. Maffett, Jr., Esquire; and, in response to the above-captioned Motion, avers the following: I. Plaintiff's ResDonse To Defendant Borouqh of Northumberland's Motion For Plaintiff To Pay Costs of Transfer of Venue 1. Admi tted. 2. Admitted. <;~~Tl,,>~..,. . ''<'' ,~ " 0 '" " 3. Admitted. 4. Admitted. 5. Admitted. 6 . Admitted. 7. Admitted. 8. Admitted. 9. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. 10. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. 11. Admitted. 12. Admitted. 13 . Admi tted. 14. Admitted. 15. Admitted. 16. Denied. Plaintiff paid the costs of transfer, as per the Invoice dated April 15, 2002, to the Cumberland County Prothonotary on April 26, 2002, who transferred the record in the above-captioned action to the Northumberland County Court of Common Pleas on April 29, 2002. Plaintiff paid the costs of 2 .- ~f,.-.~ '-' "7' 1,,"' ~ ''-'"''', ~ -- ~ " " - ,. - < ~ . ' transfer, and the record was transferred, approximately one (1) month before the filing of the instant motion by Defendant on May 29, 2002. 17. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, Plaintiff agreed to pay the costs and fees for the transfer and removal of the record in the above-captioned matter on or about March 15, 2002, during a telephone conversation with Michael Cassidy, Esquire, attorney for Defendant. 18. AdIllitted. 19. AdIllitted. WHEREFORE, Plaintiff respectfully requests that Defendant Borough of Northumberland's Motion be dismissed as moot. II. New Matter: Plaintiff's Motion For Award of Attornevs Fees 20. Plaintiff incorporates by reference the Averments of Paragraphs 1 through 19 above as fully as though herein set forth at length. 21. Pa, R.C.P. 2503(6) & (7) provides for the award of counsel fees to a party as a sanction against the other party for 3 , !'~:7--r " ~;"c ..,. - _N ~~ ", . ' dilatory, obdurate, or vexatious conduct during the pendency of a matter. 22. Defendant Borough of Northumberland's conduct in filing the Motion For Plaintiff to Pay Costs of Transfer of Venue on May 29, 2002, was dilatory, obdurate and vexatious since there was no possible factual or legal basis for their action. 23. Plaintiff is entitled to an award of attorney fees incurred in defense of Defendant Borough of Northumberland's Motion For Plaintiff to Pay Costs of Transfer of Venue pursuant to Pa. R.C.P. 2503(6) & (7). WHEREFORE, Plaintiff respectfully requests that Defendant Borough of Northumberland be ordered to pay Plaintiff's reasonable attorneys fees incurred in connection with Plaintiff's defense of Defendant Borough of Northumberland's Motion For Plaintiff To Pay Costs of Transfer of Venue. Respectfully submitted, 4 ;<~.. ^, "~ . ~"" ,~ , - , , . ~,~" .' ~,-~ VERIFICATION I, RICHARD F. MAFFETT, JR., ESQUIRE, have read the foregoing Plaintiff's Response to Defendant Borough of Northumberland's Motion for Plaintiff to Pay Costs Of Transfer of Venue with Plaintiff's New Matter: Motion for Award of Counsel Fees and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. ~4904. Dated: 6);&/O~ AM JJ~-h; RICHARD F. MAFFETT . SQ., " ~f; ", ,', : 1 " ~'~,' " ~~,~ . , ,-.- - ~~ . .' CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff's Response to Defendant Borough of Northumberland's Motion for Plaintiff to Pay Costs Of Transfer of Venue with Plaintiff's New Matter: Motion for Award of Counsel Fees upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th & John F. Kennedy Boulevard Philadelphia, PA 19102 Jay W. Stark, Esquire Office of Attorney General Strawberry Square, 15th Floor Harriaburg, PA 17120 Robert J. Menapace, Esquire Walsh & Menapace P.O. Box 556 Sunbury, PA 17801-2140 Richard E. Freeburn, Esquire Freeburn & Associates 4415 North Front Street Harrisburg, PA 17110 Thomas J. Williams, Esquire -Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Dated: i/!'l!rlL !!:!:! / ;"'~k' Esq '~~,~,~, ,-p- " -p, . " " Ie !1 i'- , ", -""'"" 1 "'~~_r.,_<n;.~~ '"~",~"M''''' , , ~-- ~'~ ---~ \-s 1\.,0 ~-< o c:: ~ ~~ ~~> 5> C) C 2: :::;;! c, ;'"....) c..:.) ""j '.0 :,~ ::r.: '-) C '. --;, CD ?::o:, __ "rn u :;: :u -< ':...) CO 1_~~,ijf,~{<W!"<""""tH;W"'~~~"",,F""~~T~"iH'~;'''''1'"'7%'l''.'~<';(~A,/,r1"J;ri;'Jf'W!!!'-;:;';;"-":;'''"8:,''';!tE~1jj'K>:;jffii\'~~~\'ff' . \ Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 STACEY L. HARMON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. BARRY LEE MUTSCHLER, SUN COMPANY, INC. t/d/bla SUNOCO, INC.; ATLANTIC REFINING AND MARKETING: CORPORATION t/d/bla ATLANTIC REFINING GROUP; COMMONWEALTH : OFPENNSYLVANIA,DEPARTMENTOF: TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; AND DAWN R. RAYNES NO: 01-3453 v. MARY E. HUBER Additional Defendant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION'S OBJECTIONS TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS 5. Objection pursuant to Rule 4011. This request is beyond the scope of permissible discovery pursuant to Pa. R.C.P. 4003.5. 7. Objection pursuant to Rule 4011. This request is beyond the scope of permissible discovery pursuant to Pa. R.C.P. 4003.5. 16. Objection pursuant to Rule 4011. This request would require the making of an unreasonable investigation and may cause undue burden and expense to the Commonwealth Defendant. . ^ " 'c, _,~" ,.< _" " ,',-," 'Ie__'" .- . , Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 (717) 783-3148 - Direct Dial Dated: July 1, 2002 '-", .' ,':, ," ,_.,"^ -~-" " -. .,\-', ,",-'-' , --<,,'-' ~ ',". ',",,". Respectfully submitted, D. MICHAEL FISHER Attorney General By: TARK, ID #51786 eputy Attorney General , -" '''" ,~-, P,'-" -, L._ .. . 'l t '~',';'C"", .~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document( s) upon the person( s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD F. MAFFETT, JR. ESQUIRE MAFFETT & ASSOCIATES 2201 N. SECOND STREET HARRISBURG, PA 17110 717-233-4160 (Attorney for Plaintiff) JOHN F. FOX, JR., ESQUIRE 607 ANTHONY DRIVE PLYMOUTH MEETING, PA 19467 215-568-6868 (Attorney for MutscWer, Sunoco & Atlantic) THOMAS 1. WILLIAMS, ESQUIRE MARTS ON DEARDORFF WILLIAMS & OTTO TEN EAST HIGH STREET CARLISLE, PA 17013 717-243-3341 FAX 717 243-1850 (Additional Defendant Huber) Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-3148 - Direct Dial DATED: July 1,2002 -'.' ','" '~'t",,,- " ,,- '~-".,. -,,:" ." ,,",_,",1 ,--I',', "',," ,_,- , A, ,'" PAUL W. GREGO, ESQUIRE POST & SCHELL, P.C. 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 717-291-4532 (Attorney for County of Northumberland) C. ROY WEIDNER, JR. ,ESQUIRE JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOYNE,PA 17043-0109 717-761-4540 (Attorney for Borough of Northumberland) ROBERT JAMES MENAPACE, ESQUIRE WELSH & MENAPACE 62 NORTH FRONT STREET P.O. BOX 556 SUNBURY,PA 17801 (Attorney for Dawn R. Ra By: . S ARK ID #51786 puty Attorney General _.--~-, ' .--,-- "I !I' ~} ,. [S (C ~"i' -,"",'~, ''''"''-''''' ~~~-~ ~ !~:'IfIII'UI~ J. '," _ ""'~ ,~ _ ,. , <' "--v,'~-- 'I"" - " '" o c ..~ ~\~~ t~"~:. ~(:) '~~'~3! .>~;; ~---, --, -....., c:-; r<' <-. c:::~ \'~". I I') -> .,- " ~" "'""~"---"," J I .-, ::Tl ___l ,'i~ -~: ;;'? :::> l.f"l :~'!,(a i:3:~ ~~~~ F~A =" -j';o- ":]3 ::<: "" jl1llllf"~!fi;~'W';"'if'\\'<b"""@,'/flF'1!,>.~~~1fii~~:1*i'fl)~~':1#i1l~~lli~ft~~~r.1ff,,_]frITrr<(~~- . ~ -".-" Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, P A 17120 Jay W. Stark Senior Deputy Attorney General Direct Dial 717-783-3148 STACEY L. HARMON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. BARRY LEE MUTSCHLER, SUN COMPANY, INC. tld/b/a SUNOCO, INC.; ATLANTIC REFINING AND MARKETING: CORPORATION tld/b/a ATLANTIC REFINING GROUP; COMMONWEALTH : OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION; COUNTY OF NORTHUMBERLAND; BOROUGH OF NORTHUMBERLAND; AND DAWN R. RAYNES NO: 01-3453 v. MARY E. HUBER Additional Defendant COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION'S OBJECTIONS TO PLAINTIFF'S INTERROGATORIES 17. Objection pursuant to Rule 4011(c). This interrogatory is beyond the scope of discovery and seeks information which is privileged and confidential pursuant to 75 Pa. C.S. 93754 and 23 U.S.c. 409. Furthermore, traffic studies are neither discoverable or admissible pursuant to 75 Pa. C.S. 3754 and 23 U.S.c. 409. 18. Objection pursuant to Rule 4011(c). This interrogatory is beyond the scope of discovery and seeks information which may be privileged and confidential pursuant to 75 Pa. C.S. 93754 and 23 U.S.c. 409. By way of further objection, Plaintiffs are not of the class of persons permitted access to accident reports, as set forth in 93747, 3751 and 3753. Without waiver of objection, the Commonwealth Defendant will produce an accident history for the subject intersection for the five year period prior to the accident date. !,~ -, ' -.' _'.:J..""c"""",o"", _,,,,,~,' '.' , '- ,",~ . ._,~~.,- ,. ,.., ,,-"" "',' ,.~. '" '. -,- , , . ,~ .' '1' .. .. 19. Objection pursuant to Rule 4011(c). This interrogatory is beyond the scope of discovery and seeks information which may be privileged and confidential pursuant to 75 Pa. C.S. 93754 and 23 U.s.c. 409. By way of further objection, Plaintiffs are not of the class of persons permitted access to accident reports. Without waiver of objection, the Commonwealth Defendant will produce an accident history for the subject intersection for the five year period prior to the accident date. Respectfully submitted, D. MICHAEL FISHER Attorney General By: w. TARK, ID #51786 eputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 (717) 783-3148 - Direct Dial Dated: July I, 2002 ;':;;;- ,or, ,'~","0>'." . ::"'-,"-'" ' , .h "<f' """'__"~" "., _;' , ,";" , > ""'.- ',""'- .. "' , CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: RICHARD F. MAFFETT, JR. ESQUIRE MAFFETT & ASSOCIATES 2201 N. SECOND STREET HARRISBURG, PA 17110 717-233-4160 (Attorney for Plaintiff) PAUL W. GREGO, ESQUIRE POST & SCHELL, P.C. 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 717-291-4532 (Attorney for County of Northumberland) JOHN F. FOX, JR., ESQUIRE 607 ANTHONY DRIVE PLYMOUTH MEETING, PA 19467 215-568-6868 (Attorney for Mutschler, Sunoco & Atlantic) C. ROY WEIDNER, JR.,ESQUIRE JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOYNE, PA 17043-0109 717-761-4540 (Attorney for Borough of Northumberland) THOMAS J. WILLIAMS, ESQUIRE MARTSON DEARDORFF WILLIAMS & OTTO TEN EAST HIGH STREET CARLISLE, PA 17013 717-243-3341 FAX 717 243-1850 (Additional Defendant Huber) ROBERT JAMES MENAPACE, ESQUIRE WELSH & MENAPACE 62 NORTH FRONT STREET P.O. BOX 556 SUNBURY, PA 17801 (Attorney for Dawn R. Raynes) By: . TARK ID #51786 eputy Attorney General Torts Litigation Section 15t~ Floor, Strawberry Square Harrisburg, PA 17120 717-783-3148 - Direct Dial DATED: July I, 2002 ,- _'_"_ _c_, .-.t1,__~'> "TO".",." ,,~. ~_, . ",,-.-','. -",-"",, ."- "-'"""'- '-r ,_ '.,n" .,",'. I 'I , .1 I , _" . ",".fil~1 ~.. mlJ!!!l:Mf~~~, ~ .,1 1;, ~__~ r;} 1-~ . "~w=1 ~ ~ ~ -<. I N . , o r--> o ~ v(~'; ~J~'~', 7r:-':-; C/~ --< [2 2-:c'~ 5:~", -<, w o ~ ;e ~ ~,JtIl~m!~"'!01""'-~f",'m1l',;,'l';>1'''<llM;!~O'4~'ii'd'F-~'1)'''\'';Wi'@?<1If~~~1>"'!-i~{:!:fH1'0~l!!l),,:, < ~" . , ~ " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA STACEY L. HARMON, vs. NO. Ol-3453 BARRY LEE MUTSCHLER, SUN COMPANY, INC. t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE PRE-REQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 , c. As a pre-requisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: a) A Notice of Intent to Serve Subpoenas with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, b) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, ";*~~,", . .,' ,,_>, ";"; c;r" ",,: ~. '" ,,' ~~' ~:""'__ __ __' ^ IT ~ < -- "( ,"' ., ><-, . ~"^ c) No objection to the subpoena has been received, d) The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. WALSH & MENAPACE -:::r u.\~. ..lea do DATE ' BY NAPACE, ESQ., I.D. #36029 6 Street, P.O. Box 556 S nbury, PA 1780l-2l40 (570) 286-6500 Attorney for Defendant Dawn R. Raynes i?,:~~~ ~ , ,"", i~~,..,. __~ w. "> ~'- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA STACEY L. HARMON, vs. NO. Ol-3453 BARRY LEE MUTSCHLER, SUN,' COMPANY, INC. t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Dawn R. Raynes, intends to serve a subpoena identical to the one that is attached to this Notice: You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objections are made, the subpoena may be served. WALSH & MENAPACE BY: ROBE T J. MENAPACE, ESQ., I.D. #36029 62 N. Front Street, P.O. Box 556 Sunbury, PA 17801-2140 (570) 286-6500 Attorney for Defendant, Dawn R. Raynes ",','f~_' <, " -" 1 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA STACEY L. HARMON, vs. NO. 01-3453 BARRY LEE ~UTSCHLER, SUN COMPANY, INC. t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWNR. RAYNES, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: RECORDS CUSTODIAN OF LAWRENCE REDINGTON, CHIEF NORTHUMBERLAND BOROUGH POLICE Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: the complete investigative fIle, inclnding all supplements and actual duplicates of all photographs, concerning an investigation ofIncident # 99-001200 which occurred at the intersection of Front and, Hanover Streets in the Borough of Northumberland, Northumberland County, PA on 6/6/99. At 62 N. FRONT ST., PQ BOX 556, SUNBURY, PA 17801-2140. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. .You have the right to seek in advance the reasonable cost of preparing the copies or producinio the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA. WAS NAME: ADDRESS: TELEPHONE: SUPREME CODRT ATTORNEY FOR: ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ROBERT J. MENAPACE, ESQUIRE P.O. BOX 556, SUNBURY, PA l7801-2l40 570-286-6500 10 #36029 Defendant Dawn R. Raynes BY THE COURT: Prothonotary DATE: Seal of the Court Deputy (Eff. 7/97) : ~,~"""'~, ~="~ ,~-'".. T,r-., " "I >-,- -" '~',-- " .' . . CERTIFICATE OF SERVICE I, ROBERT J. MENAPACE, ESQ. do hereby certify that I have served a copy of the foregoing Notice of Intent upon the following by depositing the same in the united States Mail, postage prepaid, at Sunbury, Pennsylvania, this 7th day of June, 2002. Richard E. Maffett, Jr., Esquire Maffett & Associates 220l North Second Street Harrisburg, PA 17110 Attorney for Plaintiff, Stacy L. Harmon Richard E. Freeburn, Esquire Freeburn and Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs, Nicholas Hevel, Brittany Russ, Sherry Jacobson and Michael Gutshall John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th and JFK Boulevard Philadelphia, PA 19l02 Telephone: ~l5-568-6868 Attorney for Barry Lee Mutschler, Sun Company t/d/b/a Sunoco, Inc., Atlantic Refining and Marketing Corp. t/d/b/a Atlantic Refining Group Jay W. Stark, Esquire Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, 'PA l7120 Attorney for PennDOT Jr~!!'JWW->^~,_ "',' ~'i -j' ~ ~~ -"~ ^-'--.:. - r " Paul W. Grego, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster; PA l7605-9247 Attorney for County of Nqrthumberland C. Roy Weidner, Jr., Esquire Johnson, Duffie, Steward & Weidner 3rd and Market Streets P.O. Box 109 Lemoyne, PA 17043-0l09 Attorney for Borough of Northumberland Thomas J. Williams, Esquire Martson, Deardorff, Williams and Otto, P.C. 10 East High Street Carlisle, pA 17013 Attorney for Additional Defendant, Mary E. Huber WALSH & MENAPACE APACE, ESQ., r.D. #36029 Street, P.O. Box 556 Su ury, PA 1780l-2l40 (5 0) 286-6500 Attorney for Defendant, Dawn R. Raynes BY: :;"~~"-~""" t _~, ., I r " ,,". '. CERTIFICATE OF SERVICE I, ROBERT J. MENAPACE, ESQ. do hereby certify that I have served a copy of the foregoing Certificate Pre-Requisite to Service of Subpoenas Pursuant to Rule 4009.22 upon the following by depositing the same in the United States Mail, postage prepaid, at Sunbury, Pennsylvania, this 1ST day of ~, Richard E. Maffett, Jr., Esquire Maffett & Associates 220l North Second Street Harrisburg, PA l7ll0 Attorney for Plaintiff, Stacy L. Harmon 2002. Richard E. Freeburn, Esquire Freeburn and Hamilton 4415 North Front Street Harrisburg, PA l7ll0 Attorney for Plaintiffs, Nicholas Hevel, Brittany Russ, Sherry Jacobson and Michael Gutshall John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th and JFJ( Boulevard Philadelphia, PA 19l02 Telephone: 215-568-6868 Attorney for Barry Lee Mutschler, Sun Company t/d/b/a Sunoco, Inc., Atlantic Refining and Marketing Corp. t/d/b/a Atlantic Refining Group Jay W. Stark, Esquire Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorney for Penn DOT "-~- -", '''"''^ " ,~ ~ , . e ',"" , " Paul W. Grego, Esquire Post & Schell, P.C. l857 William Penn Way P.O. Box l0248 Lancaster, PA l7605-9247 Attorney for County of Northumberland C. Roy Weidner, Jr., Esquire Johnson, Duffie, Steward & Weidner 3rd and Market Streets P.O. Box l09 Lemoyne, PA l7043-0109 Attorney for Borough of Northumberland Thomas J. Williams, Esquire Martson, Deardorff, Williams and Otto, P.C. lO East High Street Carlisle, PA 17013 Attorney for Additional Defendant, Mary E. Huber WALS BY: R E T J. MENAPACE, ESQ., I.D. #36029 6 N. Front Street, P.O. Box 556 Sunbury, PA l780l-2l40 (570) 286-6500 Attorney for Defendant, Dawn R. Raynes 'c~,,,,,",,,,o< . ., - -'. '" }J . . ,j, ~" ~.". '- .' - -"~I""~"~ t5 CO ct;f." ~;;r ?t~J ..-- (--' "!!.,.,,(".. )>s ~-=l -< () c - ~"~ - . c::r l"'-..) () -'<'1 f'0 ~ iTI OJ c) -.1 C) (j1"l1 5~ :< -;::1 ~.~". :J C) ~,~, t1iij~.J~~!El ~ ,,.,AJ.. !ii.,rW_WlU _.,"'~ )~~~~,f'''''~JJfji''%'')',f''V;i;;;i\:':;'~'F,t-~~-4~~~J,j)i~';~'il1if!!if.~i'~I?i"":"':@i~lMtJ,''''''"'''''l!_~r~ .'.;11 \' ~, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA STACEY L. HARMON, vs. NO. 01-3453 BARRY LEE MUTSCHLER, SUN COMPANY, INC. t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Pleaset~ke notice that the Defendant Dawn R. Raynes has served a Document Deposition and Subpoena addressed to Lawrence Redington, Chief, Northumberland Borough Police, upon all counsel pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, this 1st day Of~, 2002. WAL BY: RO ENAPACE, ESQ., I.D. #36029 62 N. Front Street, P.O. Box 556 Sunbury, PA 1780l-2140 (570) 286-6500 Attorney for Defendant Dawn R. Raynes "f!tojUl""!',~;, . "" "-':'.'.' ~'" .'~ -'. . " I, ",111 ""~,-,~"-"'<='~~ ^~~II- u (I) \.0 . o'~ I'~ ,- .J ~'" o S "" ~~2 (Jj' ~: - -----< (::; ~".) o --n f._ (- :.-J L.-n -;~p ,-- Q cb I':~'I ..;~~~ \ r',) ~ll ,,~ '~~, ~." .:0 ...<~ {-" " $1,,,,~ J!I~~~1~,'0-__"-"-'",-m-('~~!'\J:,rwfi!,"I~eh-:*~,'~!!i~4~~~~~~~i;!!!M1i1ftft, ." c"", ",J~~i1f'! ....' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Stacey L. Harmon v. Barry Lee Mutschler and Sun Company, Inc., t/dIb/a Sunoco, Inc. (R&M): and Atlantic Refming and Marketing Corp., t/dlb/a Atlantic Refming Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumerland and Borough of Northumberland and Dawn R. Ravnes No. 01-3453 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS BARRY LEE MUTSCHLER AND SUNOCO, INC. (R&M)'S REPLY TO DEFENDANT BOROUGH OF NORTHUMBERLAND'S NEW MATTER CROSS CLAIM Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M), incorrectly designated in Plaintiff's Complaint as Sun Company, Inc. and hereinafter collectively referred to as "Answering Defendants", hereby reply to Defendant Borough of Northumberland's New Matter Crossclaim as follows: 47. Denied. The allegations contained in paragraph 47 of Plaintiffs Complaint are conclusions oflaw to which no response is required. To the extent that a response is required, Answering Defendants incorporate by reference their Answer to Plaintiffs Complaint with New Matter and New Matter Crossclaim as if fully set forth herein at length. Strict proof thereof, if material, is demanded at the trial of this cause. '-~-~~ --> -., , "..-, '!~"",!,11j!,~ ''l'-' WHEREFORE, Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) respectfully request this Court to dismiss Defendant Borough of Northumberland's New Matter Crossc1airn with prejudice and to enter judgment in favor of Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) and against the Plaintiff. FOX GREENBERG, P.e. Date: J- JJ-f>L By:~!lJl1f ~ 000 F. Fox, Jr., squire Attorney for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) - 0; .' .-,.~,*', ~.. CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of Defendants Barry Lee MutscWer and Sunoco, Inc. (R&M)'s Reply to Defendant Borough of Northumberland's New Matter Crossclaim was served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this 30th day of August, 2002. Jay W. Stark, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, Pa 17120 C. Roy Weidner, Jr., Esquire Johnson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pa 17043-0109 Richard F. Maffett, Jr., Esquire MAFFETT & ASSOCIA lES 2201 North Second Street Harrisburg, Pa 17110 Date: ~ ....J-q - 'b"'L " . Paul W. Grego, Esquire Post & Schell 1857 William Penn Way P.O. Box 10248 Lancaster, Pa 17605-0248 Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, Pa 1701 Robert J. Menapace, Esquire Law Offices Walsh & Menapace Arch at Front P.O. Box 556 Sunbury, Pa 17801-2140 FOX GREENBERG, P.c. By: ~y :j ~i:-- ohn F. Fox, Jr., Esq e Attorney for Defendants, Barry Lee MutscWer and Sunoco, Inc. (R&M) . ~ - ~ '" ~-~"~. ~" "_. """""""<~-'~I~~ f;L;, (,1; o c <" ~..." vCD [I1~' -:;y-L'-' ""'- _~___.f Z,f' (f) '.,. -<~'.~." ~L, :;<CJ J?:" ""'C' )>oC~ Z ::;! ,~ "'.. C) f'..j ~) P" '-r.;, I c....::f o " :-::::! -;!<~1 -"iT! -T",Ci ~,~ (~m ~ ~ -CO ::f~ r:--~ i......) o , ~._, ......J"., ''''"", .";,~..... "...,~",,"".~f!ffi~W!~ml"''f~*f''!i:;;;;l!Ol~~','lW'il~"~-y:i;Jtlj''':~WiF''''''''W''f'''. .',,:'~W'I~~{'-'""'cF;>;,0-":'"':":";_""~',-~:'l'-;'~'1'>J<\:~sv~~~~fl~'}~I~\1,fiHk.~~~~%:, POST & SCHELL, P.C. BY: PAUL W. GREGO, ESQUIRE LD. # 39701 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 (717) 291-4532 STACEY L. HARMON Plaintiff, v. BARRY LEE MUTSCHLER, SUN COMPANY, INC., t/d/b/a SUNOCO, INC., ATLANTIC REFINING & MARKETING CORPORATION, tld/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES Defendants. v. MARY E. HUBER Additional Defendant. ATTORNEYS FOR DEFENDANT COUNTY OF NORTHUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 01-3453 nJRY TRIAL DEMANDED REPLY TO NEW MATTER NOW INTO COURT, through nndersigned counsel, comes the Defendant, County of Northumberland, who, in reply to the New Matter of the Borough of Northumberland, respectfully represents that: 50, 53, 54. The averments in paragraphs 50, 53 and 54, are conclusions oflaw to which no responsive pleading is required. ';!! - ;': '~ '~",,,-i,'-"~"'~'r,:~<,,,,,,,, ':'<>";"",~Z"',,__,:,,~r":"_ '._,"~' -~.- ,C; T ,.,,~:,,~,. ~,"., -, ", _~, -",__~~,""_._"'_"_",_._",<,,,__; ^_"_n..r, ._~"" C"~".' " l_',"""',~=,",,,,~ . ,^ II ii WHEREFORE, the Connty of Northumberland hereby reiterates all of the I. allegations, prayers, and defenses, of its original Answer and New Matter herein. POST & SCHELL, P.C. BY: ~ PAUL W. GREGO, ESQ Attorney for Defendant County of Northumberland i~';tc !~r';i-,'~"''t'?'''"~_~'P<''''":''''''-O''P'''Y'''P,-=, '~',~" ,- "':-"_"~" ""., _'F:_,_~__.~~','""__,,., "''Co', __, _=, ., e'" '.-"" ~. ",.. __ " CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby i , certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) by sending same in the United States mail, first-class, postage prepaid: Richard F. Maffett, Jr., Esquire MAFFETT AND ASSOCIATES 2201 N. Second Street Harrisburg, P A 1711 0 Jolm F. Fox, Jr., Esquire Law Offices of Jolm F. Fox, Jr. 1310 Two Penn Center Plaza 15th and Jolm F. Kennedy Boulevard Philadelphia, P A 19102 Jay W. Stark, Esquire Torts Litigation Section Strawberry Square, 15th Floor Harrisburg, P A 17120 Roy C. Weidner, Jr., Esquire JOHNSON DUFFIE STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 Robert James Menapace, Esquire WALSH AND MENAPACE 62 North Front Street P.O. Box 556 Snnbury, P A 1780 I Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO, P.C. 10 East High Street Carlisle, P A 17013 DATE: ~!J I/D;>' ()'<MJM ~ SANDRA MORALES I~f.y,_ _" - "'"'c' ""~"\"",,,j', ~.,; -:00 ',''''i'~,,","' '''"",'C",.,.-:'-c,V'''-- ',', .,,(L,-;?'.'f L':;, ." ~ _..,',,;,.-""'N,~";, ,_" '" ':'",1,,, "'= '~'-,""~ ~~.'~, __ ~ ,_" --""~ .,--,<--~"~. ~ ~i , -4~ ,"'~_'''~_ ,,-., " ",-- .' '"~,, .i.',~,~ "~'" --'-IM_. -"';;--'r." "~, l' ,,"< ~, ,,,,>-, """'-""1'. ~~ ,~' ~ ~>~ ~w_ llIllli: U~Jjf- () ^~, C t,.; < U) -' t-~'- P" r+irf -'n ~ ;;) :1: L__ " (/) ,n. i"J r \5 -< (,: ~~~ C : ~'O -r, -1'- t.\) c :::::-~ :::"." C:' ~~: c:~ " n-1 ;:~) (~ ~c; ~n"\ ~~ ::::> <';5 -, (.0 =< , , ~=~~~~,~_~_~!ltt1~.];;~~- ,~.~, ," ,,", > ,,-.:: -':;jl~,.., , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Stacey L. Harmon v. Barry Lee Mutschler and Sun Company, Inc., t/d/b/a Sunoco, Inc. (R&M): and Atlantic Refining and Marketing Corp., t/d/b/a Atlantic Refining Group and Commonwealth of Pennsylvania Department of Transportation and County of Northumerland llI\d Borough of Northumberland and Dawn R. Ravnes No. 01-3453 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS BARRY LEE MUTSCHLER AND SUNOCO, INC. (R&M)'S ANSWER TO CO-DEFENDANT COMMONWEALTH OF PENNSYIN ANIA. DEPARTMENT OF TRANSPORTATION'S NEW MATTER Defendants Barry Lee Mutschler and Snnoco, Inc. (R&M), incorrectly designated in Plaintiff's Complaint as Sunoco, Inc. and Atlantic Refining & Marketing Corp., and hereinafter referred to as "Answering Defendants", by and through their undersigned counsel, hereby answers Defendant Commonwealth of Pennsylvania, Department of Transportation's New Matter as follows: 67. Denied. Answering Defendants incorporate by reference their Answer to Plaintiffs Complaint with New Matter and New Matter Crossclaim as iffully set forth herein at length. 68. Denied. The allegations contained in paragraph 68 of the Commonwealth's New Matter are conclusion of law to which no response is required. I. ." ..--, -'" ~, ~ ~ ~ ~~ 69. Denied. The allegations contained in paragraph 69 of the Commonwealth's New Matter are conclusion oflaw to which no response is required. To the extent that a response is required, Answering Defendants deny that Plaintiff's injuries, if any, were caused by Answering Defendants. On the contrary, Plaintiffs injuries, if any, were caused by the acts and/or omissions of co- defendants and/or additional defendants. Strict proof thereof, if material, is demanded at the trial of this cause. 70. Denied. The allegations contained in paragraph 70 of the Commonwealth's New Matter are conclusion oflaw to which no response is required. To the extent that a response is required, Answering Defendants deny that they are alone liable to the Plaintiff; liable over to the Commonwealth or jointly and/or severally liable on Plaintiff's cause of action. Strict proof thereof, if material, is demanded at the trial of this cause. WHEREFORE, Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M) respectfully request this Court to enter judgment in their favor and to dismiss the Commonwealth of Pennsylvania, Department of Transportation' s New Matter with prejudice. FOX GREENBERG, P.C. By: ~:I.7~ hn F. Fox, Jr., s . Attorney for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) Date: Z~1c~.""" ,~"'1'~__\"ol,1ilI. ,--" ~, ~, l' "J!i'<!''-'''''"'''''' ., CERTIFICATE OF SERVICE I, JoOO F. Fox, Jr., Esquire, hereby certifies that a true and correct copy of Defendants Barry Lee Mutschler and Sunoco, Inc. (R&M)'s Answer to the Commonwealth of Pennsylvania, Department of Transportation's New Matter was served upon counsel listed below by Regular First- Class United States Mail, postage prepaid this Hi day of October, 2002. Jay W. Stark, Esquire Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, Pa 17120 C. Roy Weidner, Jr., Esquire JoOOson Duffie Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, Pa 17043-0109 Richard F. Maffett, Jr., Esquire MAFFETT & ASSOCIATES 2201 North Second Street Harrisburg, Pa 17110 Date: 9-1--0'" -'(n- . "~ Paul W. Grego, Esquire Post & Schell 1857 William Penn Way P.O. Box 10248 Lancaster, Pa 17605-0248 Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, Pa 1701 Robert J. Menapace, Esquire Law Offices Walsh & Menapace Arch at Front P.O. Box 556 Snnbury, Pa 17801-2140 FOX GREENBERG, P.C. By:7LJ 1~6 000 F. Fox, Jr., quire Attorney for Defendants, Barry Lee Mutschler and Sunoco, Inc. (R&M) ~ - " ~".. - -~ ~ -,,,.,~~-~ 1N!ffi!Tfll)l! ,~~ H,<~ - - .~,- , --"0" ~'"'~W1- < ~- (') C) (~ 0 c: i'J .,,) '"it N s: c::> ""TJCf) c') .'1"'1 fTln: ..-I C> Zj:] r~ 4- 0~~ I -,,,!,'n .o- r:;; r":> I r:: I'. " :"~'j~) --- - --r', --\':. ~fj \;~~~:~ t..o r',) Z -, ';::> ,..- 1;-! =2 .TI 0) .< 0 <Xl :1:> S ~~~~iiffi"m~w;r~,*1!'i!lf~:'M'.(r<':iI'~~i'~ill!f'i-'ffiw,l~AI1'.'!Hr'r,*"'h"1\:E}'fi.fif,-\\'+".-' d\l!J,~~ '" ~ ~. Starcey L. Harrron Plaintiff Ol-3453 vs Case No. Barry Lee Mutschler et al, Defendants Statement ofIntention to Proceed To the Court: Stacey L. Hanron intends to proceed with the above captioned matter. Print Name Rkhard F. Maffett, .JR. Sign Name ~ J-'f1-I[1IiJb' Dme: 09/28/05 Attomeyfur Plaintiff Explanatory Comment The Supreme Court ofPeunsylvauia has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the reconunendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the PeImsylvania Rules of Civil Procedure. The tetrnination of these cases for inactivity was previously governed by Rule of Judicia! Administration 1901 and loca! rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting IDea! rules. This rule was promulgated in respouse to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to loca! rules implementing Rule of Judicial Administration 190 I." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The genera! policy of the prompt disposition of matters set forth in subdivision (a) of that rule continnes to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the COUIse of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course temrinating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she 'Will file a notice of intention to proceed and the action shall continue. a Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be 'the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice ofinteIltion to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is tiled within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is tiled later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse: both for the failure to file the notice of intention to proceed prior to the entry of the order of tennination on the docket and for the failure to tile the petition within the thirty-day period under snbdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently oftennination under Rule 230.2. ~ ",- " ~. - " '-,' ^" ,-- ~'~""'-'''"'' ~ - ~,,(.,.., ."- f 1~'- .""., J'_ I~. , '~. r- .~ '''-'~''mJi t'tAL () ,..., 0 ""' c ""' -n ~""" c.n ~...,.." <.I' -l -0'''::,,1 rll I-n q-1i: nlp :':~,:r: ~:; Z:C' 1" ::9.8 ~2,:'Y u:> ~,t) I ~~o [~~:~ -0 1""':7.i -"- (:5(''', iSm .-c---'c (,;) :z; 5:; =2 c::> 'Xl (:1' '-< [J1ffll"f , """,,11:,, ~'" IljJ~,rwmr;''''1'<",,~>}W!~@o'''''''f~,W.'''kt'i,jif'~Ciiffl~:W~~i!l:_!!I:ii!11lr _',',~ ",~J~I.~~_J, '" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA STACEY L. HARMON, vs. NO. Ol-3453 BARRY LEE MUTSCHLER, SUN COMPANY, INC. t/d/b/a SUNOCO, INC., ATLANTIC REFINING AND MARKETING CORPORATION t/d/b/a ATLANTIC REFINING GROUP, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, COUNTY OF NORTHUMBERLAND, BOROUGH OF NORTHUMBERLAND, and DAWN R. RAYNES, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE TO SETTLE SATISFY AND DISCONTINUE TO: CURTIS R. LONG, PROTHONOTARY Please mark the above captioned matter, Settled, Satisfied and Discontinued with prejudice. 2hl06 DATE! I ~! Richard F. Maffet , Jr Counsel for Plaintiff -~'.fi\'i~,k, -. ",~.:""-'r 'r . - "..", ." ,.. , CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Praecipe To Settle Satisfy and Discontinue by depositing same in the United States Mail, postage prepaid, addressed as follows: John F. Fox, Jr., Esquire 1310 Two Penn Center Plaza 15th & John F. Kennedy Boulevard Philadelphia, PA 19102 Richard E. Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, P A 1711 0 Robert 1. Menapace, Esquire Walsh & Menapace P.O. Box 556 Sunbury, PA 1780-2140 JayW. Stark, Esquire Office of Attorney General Strawberry Square Harrisburg, P A 17120 C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-0109 Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, P A 17013 Dated: 2/ cjOl Richard F. Maffett, Jr. quir 2201 North Second Street Harrisburg, P A 17110 717-233-4160 'i1t~ ,l_..,,-,:, --''''''''--ni~'''~'~)'!_<'F,''''';_'c,'_'' ~.)~~,',~"..,.."c-, ,W7.,Q, "",~' ,_ ~ ",'c~'" ~ ~,_" ~ _ ~, ~, I I.. lllilW' ;lll!"" ",,~_,~_~,,___. .. ,'~" ,- - r~:' 1#- 14\ ;',-, ~' '<-- ,,,,,I ' - '-M'b....:-, - " '" ,'~'i,"-'.~~ '~"> ;',;J-;:", . '. ,y- ,,,,", "TJ([ ,'" ~, u, n ---''t ,,,tt- 0 ", co C) ~ c::::a -n c' ..." --j ~- fij nip C;;;':1 -u '" U1 :n X (", :1:' u ~"i 2:~: () :ll 0 co Esrn ~~:;! C.0 :n (,:n .< "-. ~WfPIP!ffilI'lIll!i~~*~~1i'>'Jj"t'P'il:~~~Wlfl;!i\'~f-l~~if.\1~~!"~~~ " _~_ ^ c<~:~~'