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HomeMy WebLinkAbout07-2014Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com BRITTANY FISHER, and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. RANDALL J. BEEKLER, GERALD BEEKLER, and MARYLOU BEEKLER : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- PbN CIVIL TERM : CIVIL ACTION -LAW Defendants : 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. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Telephone (717) 249-6166 DATE: I 011DO] 11 1 HANDL E NG & ROSENBERG Matthew S. Crosby, Esq. I . D. #69367 Attorneys for Plaintiffs F:\WP Directories\AGR\Complaints\MVA\Head-on\Fisher, Brittany - hit trailer head on.wpd Matthew S. Crosby, Esq. 1. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com BRITTANY FISHER, and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- OZO I I CIVIL TERM RANDALL J. BEEKLER, CIVIL ACTION -LAW GERALD BEEKLER, and MARYLOU BEEKLER Defendants COMPLAINT AND NOW, come the Plaintiffs, Brittany Fisher and Christine Hillegas, natural parent of Brittany Fisher, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., who make the within Complaint against the Defendants, Randall J. Beekler, Gerald Beekler, and Marylou Beekler, and aver as follows: 1. Plaintiff, Brittany Fisher, is a competent adult individual currently residing at 224 Old York Road, New Cumberland, Cumberland County, PA 17070. 2. Plaintiff, Christine Hillegas, mother and legal guardian of Brittany Fisher, is a competent adult individual currently residing at 224 Old York Road, New Cumberland, Cumberland County, PA 17070. 3. Defendant, Randall J. Beekler, is an adult individual currently residing at 256 Austin Drive, Grantville, Dauphin County, PA 17028. 4. Defendant, Gerald Beekler, is an adult individual currently residing at 327 E. 11th Avenue, North Wildwood, NJ 08260. 5. Defendant, Marylou Beekler, is an adult individual currently residing at 327 E. 11th Avenue, North Wildwood, NJ 08260. 6. At all times material hereto, Defendant, Randall J. Beekler, was the operator of a 2001 Ford Taurus, owned by Gerald and Marylou Beekler, bearing New Jersey registration number MHF56N (hereinafter, "Defendants' vehicle.") 7. At all times material hereto, Plaintiff was an insured under an automobile insurance policy with Liberty Mutual Insurance Co. For purposes of this litigation, Plaintiff is deemed to be covered by the full-tort option, because the Defendant's vehicle was registered in New Jersey. In addition, as a result of this car crash, Plaintiff has suffered a serious impairment of bodily function. 8. Plaintiff, Brittany Fisher, was born on June 24, 1988, and did not reach the age of majority until June 24, 2006. 9. At all times material hereto, there were no adverse weather or road conditions. 2 10. At all times material hereto, a construction trailer was legally parked along the north curb of 16th Street in New Cumberland, Cumberland County, Pennsylvania. 11. At all times material hereto, the rear of the construction trailer was equipped with no fewer than five (5) reflectors, as well as a reflective Pennsylvania license plate. 12. At all times material hereto, 16th Street in New Cumberland, in the area of this incident, was 30'5" wide, and illuminated by street lights. 13. On or about November 6, 2004, at approximately 9:18 p.m., Plaintiff, Brittany Fisher, was a front-seat passenger in Defendants' vehicle, traveling westbound on 16th Street in New Cumberland, Cumberland County, Pennsylvania. 14. At all times material hereto, there were three additional passengers in Defendants' vehicle. Elena M. Dolz and Megan and Morgan Beekler were all rear-seat passengers. 15. At the time of this incident, Defendant, Randall J. Beekler, was operating Defendants' vehicle for the first time and was unfamiliar with the equipment and operation of said vehicle. 16. At all times material hereto, the windows of Defendants' vehicle became foggy and Defendant, Randall J. Beekler, could not clearly see the roadway in front of him. 17. On or about November 16, 2004, at approximately 9:18 p.m., Defendants' vehicle began to drift in a northerly direction, before violently striking the rear of the legally parked construction trailer. 18. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, sustained extensive injuries as set forth more specifically below. 3 COUNT I - NEGLIGENCE BRITTANY FISHER v. RANDALL J. BEEKLER 19. Paragraphs 1-18 are incorporated herein as if fully set forth below. 20. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Brittany Fisher, are the direct and proximate result of the negligence and/or carelessness of the Defendant, Randall J. Beekler, generally and more specifically as set forth below: (a) In driving his vehicle in careless disregard for the safety of persons or property, in violation of 75 C.S.A. § 3714; (b) In failing to be reasonably vigilant to observe the legally parked trailer on 16th Street in New Cumberland; (c) In failing to properly regulate the speed of his vehicle so as to prevent a collision; (d) In failing to operate his vehicle in such a manner that would allow him to apply the brakes and stop before striking the legally parked trailer on 16th Street in New Cumberland; (e) In failing to operate his vehicle at a speed that was reasonable or prudent, in violation of 75 Pa. C.S.A. § 3361; (f) In failing to have sufficient control of his vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (g) In operating a motor vehicle inattentively; 4 (h) In failing to observe the rear reflectors and reflective license plate on the legally parked construction trailer; (i) In allowing the windows of Defendants' vehicle to become so foggy that it was unsafe to continue operating said vehicle; (j) In failing to keep a proper lookout for legally parked vehicles; (k) In failing to properly and adequately observe the traffic conditions then and there existing; (1) In operating Defendants' vehicle at a time when he was distracted by the passengers in the vehicle and the foggy windows; (m) In failing to operate his vehicle so that windshield wipers would not obstruct his view, in violation of 75 Pa.C.S.A. §4524; and (n) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided. 21. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has suffered extensive personal injuries, including, but not limited to, a dislocated right hip and facial abrasions. 22. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has undergone continuing medical care for aforesaid injuries. 5 23. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 24. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her great detriment and loss. 25. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 26. As a direct and proximate result of negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has been, and will in the future be, hindered from attending to her daily duties and chores, to her great detriment, loss, humiliation, and embarrassment. 27. Plaintiff, Brittany Fisher, believes and, therefore, avers that her injuries are permanent and serious. WHEREFORE, Plaintiff, Brittany Fisher, seeks damages from the Defendant, Randall J. Beekler, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 6 COUNT II- NEGLIGENCE/NEGLIGENT ENTRUSTMENT BRITTANY FISHER v. GERALD and MARYLOU BEEKLER 28. Paragraphs 1-27 are incorporated herein as if fully set forth below. 29. At all times material hereto, Defendants, Gerald and Marylou Beekler, owned the motor vehicle that Defendant, Randall J. Beekler was operating at the time of the collision. 30. Plaintiff believes and, therefore, avers that at all times material hereto, Defendant, Randall J. Beekler, operated the Defendants' vehicle with the consent and/or permission of Defendants, Gerald and Marylou Beekler. 31. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Brittany Fisher, were caused directly and proximately by the negligence and/or carelessness of the Defendants, Gerald and Marylou Beekler, in giving possession of their vehicle to Defendant, Randall J. Beekler, when they knew, or should have known: (a) Defendant, Randall J. Beekler, was not competent to operate a motor vehicle; (b) Defendant, Randall J. Beekler, was likely to operate the vehicle in a dangerous and unsafe manner; (c) Defendant was unfamiliar with the operation and equipment of their vehicle; and (c) Defendant, Randall J. Beekler, would operate the vehicle in the manner set forth in Paragraph 14, (a) - (h), of this Complaint. 7 32. As a direct and proximate result of the negligence of the Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, sustained injuries including, but not limited to, a dislocated right hip and facial abrasions. 33. As a direct and proximate result of the negligence of the Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 34. As a direct and proximate result of the negligence of the Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and medical attention, and will continue to do so in the future. 35. As a direct and proximate result of the negligence of Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, continues to receive treatment and incur expenses as a result of said injuries, and will most likely continue to do so in the future, to her detriment and loss. 36. As a direct and proximate result of the negligence of the Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her detriment and loss. 37. As a direct and proximate result of the negligence of the Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, has been, and will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 8 38. Plaintiff, Brittany Fisher, believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Brittany Fisher, seeks damages from the Defendants, Gerald and Marylou Beekler, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III - NEGLIGENCE CHRISTINE HILLEGAS v. RANDALL J. BEEKLER 39. Paragraphs 1-38 are incorporated herein as if fully set forth below. 40. At all times material hereto, Christine Hillegas was the natural parent of Plaintiff, Brittany Fisher. 41. As a direct and proximate result of the injuries suffered by Plaintiff, Brittany Fisher, Christine Hillegas was required to take leave from work to transport her daughter to and from medical appointments for treatment of injuries stemming from the car crash and to otherwise care for, and assist, her daughter. 42. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Christine Hillegas, has suffered a loss of income. WHEREFORE, Plaintiff, Christine Hillegas, seeks damages from the Defendant, Randall J. Beekler, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 9 COUNT IV - NEGLIGENT ENTRUSTMENT CHRISTINE HILLEGAS v. GERALD and MARYLOU BEEKLER 43. Paragraphs 1-42 are incorporated herein as if fully set forth below. 44. At all times material hereto, Christine Hillegas was the natural parent of Plaintiff, Brittany Fisher. 45. As a direct and proximate result of the injuries suffered by the Plaintiff, Brittany Fisher, Christine Hillegas was required to take leave from work to transport her daughter to and from medical appointments for treatment of injuries stemming from the car crash and to otherwise care for, and assist, her daughter. 46. As a direct and proximate result of the negligence of Defendants, Gerald and Marylou Beekler, the Plaintiff, Christine Hillegas, has suffered a loss of income. WHEREFORE, Plaintiff, Christine Hillegas, seeks damages from the Defendants, Gerald and Marylou Beekler, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Matthew S. Crosby, Esq. I.D. No. 69367 Attorneys for Plaintiffs 10 VERIFICATION THE UNDERSIGNED hereby verify that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not our own. We have read the said document and, to the extent that it is based on information that we gave to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the contents of the said document is that of counsel, we have relied upon our counsel in preparing this Verification. THE UNDERSIGNED also understand that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. DATE: S O. Oju 4 CHRISTINE HILLEGAS BRITTANY FI ER ~' T N k UN o? JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire I.D.# 32858 100 Pine Street, Suite 260 Harrisburg, PA 17101 717-720-0700 Our File No. 553-20071-JGD/h BRITTANY FISHER AND CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CIVIL ACTION - LAW ENTRY OFAPPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for defendant, Randall J. Beekler, Gerald Beekler and MaryLou Beeker, in the above captioned matter. JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: ©n C =1 1 ? p .. . R A.P JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire I.D.# 32858 100 Pine Street, Suite 260 Harrisburg, PA 17101 717-720-0700 Our File No. 553-20071-JGD/h BRITTANY FISHER AND CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CIVIL ACTION - LAW DEMAND AND PERFECTION OF DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendants, Randall J. Beekler, Gerald Beekler and Marylou Beekler, hereby demand a trial by jury by 12 individual men and women, and hereby perfects their demand for jury trial by the payment of the jury trial fee. JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: ?J -13 < To Parties: You are hereby notified to plead to the enclosed New Matter within twenty (20) days Z fr m the service here or a default judgment r y J entered ag ' st you. Attorney for Defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire I.D.# 32858 100 Pine Street, Suite 260 Harrisburg, PA 17101 717-720-0700 Our File No. 553-20071-JGD/h BRITTANY FISHER AND CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED RANDALL J. BEEKLER, CIVIL ACTION - LAW GERALD BEEKLER and MARYLOU BEEKLER JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, RANDALL J. BEEKLER, GERALD BEEKLER AND MARYLOU BEEKLER Defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, by way of answer to the Complaint aver as follows: 1. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 2. Denied. After reasonable investigation, answering defendant are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 3. Denied. The allegations contained in this paragraph contain conclusions of law to which no response is required under the applicable New Jersey Rules of Court. Strict proof of same is demanded at time of trial. 4. Denied. The allegations contained in this paragraph contain conclusions of law to which no response is required under the applicable New Jersey Rules of Court. Strict proof of same is demanded at time of trial. 5. Denied. The allegations contained in this paragraph contain conclusions of law to which no response is required under the applicable New Jersey Rules of Court. Strict proof of same is demanded at time of trial. 6. Admitted. 7. Denied. The allegations concerning the full tort option governing the plaintiff are deemed to be specifically denied and at issue. By way of further answer, it is specifically denied that the plaintiff suffered a serious impairment of bodily function. Strict proof of same is demanded at time of trial. 8. Admitted upon information and belief. 9. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 10. Denied. It is specifically denied that a construction trailer was legally parked along the north curb of 16"' Street in New Cumberland, PA. Strict proof of same is demanded at time of trial. 11. Denied. It is specifically denied that the rear of the construction trailer was equipped with no fewer than five reflectors. Strict proof of same is demanded at time of trial. 12. Denied. All allegations regarding the width of 16" Street and/or illumination of the street by street lights are deemed to be specifically denied as averred in the Complaint. Strict proof of same is demanded at time of trial. 13. Admitted upon information and belief. 14. Admitted upon information and belief. 15. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 16. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 17. Admitted. 18. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demand that judgment be entered in their favor. COUNT I 19. Answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, incorporate by reference their response to the allegations contained in paragraphs 1-18 of the Complaint as if same were fully set forth herein at length. 20. All allegations regarding negligence or carelessness on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 21. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 22. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 23. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 24. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 25. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of f irther answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 26. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 27. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demand that judgment be entered in their favor. COUNT H 28. Answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, incorporate by reference their response to the allegations contained in paragraphs 1-27 of the Complaint as if same were fully set forth herein at length. 29. Denied. All allegations regarding any ownership of any vehicle as averred in the Complaint are deemed to be specifically denied and at issue. Strict proof of same is demanded at time of trial. 30. Denied. All allegations regarding consent and/or permission as averred in paragraph 30 of the Complaint are deemed to be specifically denied as averring improper conclusions of law and/or incorrect statements of fact. Strict proof of same is demanded at time of trial. 31. All allegations regarding negligence or carelessness on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 32. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 33. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 34. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 35. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further I answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 36. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 37. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 38. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demand that judgment be entered in their favor. COUNT III 39. Answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, incorporate by reference their response to the allegations contained in paragraphs 1-38 of the Complaint as if same were fully set forth herein at length. 40. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 41. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 42. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 42. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demand that judgment be entered in their favor. COUNT IV 43. Answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, incorporate by reference their response to the allegations contained in paragraphs 1-42 of the Complaint as if same were fully set forth herein at length. 44. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 45. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 46. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demands that judgment be entered in their favor. NEW MATTER 47. The claims of the plaintiffs are barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S. Section 7102. 48. The claims of the plaintiffs are barred and/or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701, et seq, including all claims for services and accommodations for: a) professional medical treatment and care; b) emergency health services; c) medical and vocational rehabilitation services; d) work income losses, past, present or future, and any and all other economic losses. 49. If there be a judicial determination that Pa. R.C.P. 238 is Constitutional, said Constitutionality being expressly challenged as in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution, 42 U.S.C. Section 1983; Article I, Sections 1, 6,11, 26; and Article V, Section 10(c) of the Pennsylvania Constitution, then liability for any interest imposed by the Rule should be suspended during the period of time that plaintiffs: a) fails to convey to the defendants a settlement demand figure; b) delays in responding to Interrogatories; c) delays in responding to Request to Produce; d) delays in producing plaintiffs for a deposition; e) delays in producing plaintiffs for a physical examination; f) delays in any other discovery request made by the defendants, and, as a result of any delay, the plaintiffs should be estopped from obtaining interest because of any violation of the Discovery Rules. 50. Any damages or injuries which may have been sustained by the plaintiffs were the result of an unavoidable accident insofar as the answering defendants are concerned. 51. Any injuries or damages allegedly sustained by plaintiffs were caused through the sole negligence of the plaintiffs. 52. Any liability which might otherwise be imposed upon the answering defendants must be reduced by the application of the standard of comparative negligence, mandated by the Comparative Negligence Act, N.J.S.A. 2A:15-5.1, et seg. 53. There was no willfulness involved in any of the events involving the factual basis upon which this suit has been instituted. 54. The claims of the plaintiffs are barred and/or limited by reason of the statute of limitations, inasmuch as suit was not instituted and service of process was not made within the applicable limitations period. 55. Negligence, if any, on the part of the answering defendants, was not the proximate cause of any damages or injuries which may have been sustained by the plaintiffs. 56. The Complaint fails to state a claim upon which relief can be granted as against the answering defendants. 57. The answering defendants were free of any and all negligence. 58. Any damages or injuries which may have been sustained by the plaintiffs were caused through the sole negligence of a third party or parties over whom the answering defendants exercised no control. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demand that judgment be entered in their favor. Respectfully submitted, JOHN GERAgRD DEVLIW& ASSOCIATES, P.C. BY: Jo erar evlin, Esquire VERIFICATION I, John Gerard Devlin, Esquire, being duly sworn according to law, hereby deposes and says that he is the attorney for defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, in the above- captioned matter, that insufficient time exists to secure signature of defendants to an affidavit, and that the facts contained in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief. Ahl?j GV'?Gerard Devlin, Esquire CERTIFICATION OF SERVICE I, John Gerard Devlin, Esquire, counsel for defendant, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, hereby certifies that on May 11, 2007 he mailed by First Class Mail, postage prepaid a true and correct copy of Answer and New Matter to all interested parties as listed below: Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: Jo Gerard Devlin, Esquire Counsel for Defendants Randall J. Beekler, Gerald Beekler and MaryLou Beekler Dated: May 11, 2007 C'7 N ?.? ?_.? n _ _ c::.? ---., ?7 ....? -ti frl -.._ f,; t `r? i `-' ':'r ;?? .. .,.? i'^? t'v , - v - C Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Crosby@HHRLaw.com BRITTANY FISHER, and : IN THE COURT OF COMMON PLEAS CHRISTINE HILLEGAS, : CUMBERLAND COUNTY, PENNSYLVANIA natural parent of BRITTANY FISHER, NO. 07-2014 CIVIL TERM Plaintiffs V. RANDALL J. BEEKLER, CIVIL ACTION -LAW GERALD BEEKLER, and MARYLOU BEEKLER Defendants PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND NOW, come the Plaintiffs, Brittany Fisher and Christine Hillegas, natural parent of Brittany Fisher, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., and reply to Defendants' New Matter as follows: 47. Denied. The allegations in Paragraph 47 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 48. Denied. The allegations in Paragraph 48 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 49. Denied. The allegations in Paragraph 49 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 50. Denied. The allegations in Paragraph 50 are denied, pursuant to Pa. C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 50 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 51. Denied. The allegations in Paragraph 51 are denied, pursuant to Pa. C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 51 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 52. Denied. The allegations in Paragraph 52 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 53. Denied. The allegations in Paragraph 53 are denied, pursuant to Pa. C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 53 are conclusions of law, no response is required. If a 16 response is judicially determined to be required, the averments contained therein are specifically denied. 54. Denied. The allegations in Paragraph 54 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 55. Denied. The allegations in Paragraph 55 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 56. Denied. The allegations in Paragraph 56 contain conclusions of law to which no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 57. Denied. The allegations in Paragraph 57 are denied, pursuant to Pa. C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 57 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. 58. Denied. The allegations in Paragraph 58 are denied, pursuant to Pa. C.P. Rule 1029(e). By way of further response, to the extent that the allegations contained in Paragraph 58 are conclusions of law, no response is required. If a response is judicially determined to be required, the averments contained therein are specifically denied. WHEREFORE, Plaintiffs respectfully request that this Honorable Court deny Defendants' allegations and enter judgment in favor of the Plaintiffs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By DATE: ? Matthew S. Crosby, Esq50<4-1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, by sending a copy of the same to their counsel of record, John Gerard Devlin, Esq., JOHN GERARD DEVLIN & ASSOCIATES, P.C., 100 Pine St., Ste. 260, Harrisburg, PA 17101, by United States Mail, regular service, in Harrisburg, Pennsylvania on May 18, 2007. HANDLER, HEN OSENBERG, LLP -------------- By Matthew S. Crosby, Esq. Attorney I.D. #69367 1300 Linglestown Rd. Harrisburg, PA 17110 (717) 238-2000 DATE Attorneys for Plaintiffs : , 1kic? r ? r? c: > ?j -l'7 (,_. __.a ' ? _F, ?? S`?7 •.-- 'i';7 ?" ? :.- ' .- ?-' . .:: r-..J ..._ _ :: Lf'S DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauli'inan, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE : IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, Plaintiffs CIVIL ACTION -LAW V. : NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants JURY TRIAL DEMANDED PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against Additional Defendant, K H. Cornman, 504 Third Street, New Cumberland, PA 17070. Respectfully submitted, DEVLIN ASSOCIATES, P.C. By: Howazd,'Kauffman, Esquire Supreme Court I.D. No. 38963 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Attorneys for Defendants = -rt Y ?l IT I c n `? t WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to R. H. CORNMAN You are notified that RANDALL J. BEEKLER, GERALD BEEKLER AND MARYLOU BEEKLER have joined you as an additional defendant in this action, which you are required to defend. Date: MAY 22, 2007 Curtis . LongBy: Deputy (Seal) No. 07-2014 Civil Term BRITTANY FISHER AND CHRISTINE HILLEGAS, NATURAL PARENT OF BRITTANY FISHER vs RANDALL J. BEEKLER, GERALD BEEKLER AND MARYLOU BEEKLER Defendant R. H. CORNMAN 504 THIRD STREET NEW CUMBERLAND, PA 17070 Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT HOWARD D. KAUFFMAN, ESQUIRE DEVLIN ASSOCIATES, P.C. 100 PINE STREET, SUITE 260 HARRISBURG, PA 17101 717-720-0700 I.D. NO. 38963 Attorney for Defendant 46 DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffman, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE : IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, Plaintiffs CIVIL ACTION -LAW V. : NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants JURY TRIAL DEMANDED To the Prothonotary: Kindly enter the appearance of Howard D. Kauffman, Esquire, as counsel for Defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler in the above-captioned matter. Respectfully submitted, DEVLIN ASSO IATES, P.C. By: Howar . Kaufman, Esquire Supreme Court I.D. #38963 100 Pine Street Suite 260 Harrisburg, PA 17101 (717) 720-0700 Attorneys for Defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler r ` DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffman, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this c2 4 fh day of May, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served the Praecipe by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) R. H. Corntnan 504 Third Street New Cumberland, PA 17070 DEVLIN ASSOCIATES, P. C. By: How . Kauffman, Esquire Matthew S. Crosby, Esq. I.D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby@HHRLaw com BRITTANY FISHER, and : IN THE COURT OF COMMON PLEAS CHRISTINE HILLEGAS, : CUMBERLAND COUNTY, PENNSYLVANIA natural parent of BRITTANY FISHER, NO. 07-2014 CIVIL TERM Plaintiffs V. RANDALL J. BEEKLER, CIVIL ACTION -LAW GERALD BEEKLER, and MARYLOU BEEKLER . Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the Complaint on two of the Defendants, Gerald Beekler, and Marylou Beekler, on/ y, and have the Sheriff of Cumberland County deputize the Sheriff of Lancaster County to make service on the following Defendants, both at the following address: Marylou Beekler Gerald Beekler 1306 Blue Jay Dr. Lancaster, PA 17601 Please note that Defendant Randall J. Beekler has already been served. Copies of the original Complaint and Lancaster Co. Sheriff's Office forms are attached hereto. HANDLER, HENNING & ROSENBERG, LLP 1 BY: DATE: Matthew S. Crosby, Esq. Supreme Court ID No. 69367 T i ti? DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffiman, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE : IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, Plaintiffs CIVIL ACTION -LAW V. : NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATIONS TO THE PROTHONOTARY: Please substitute the enclosed Verifications of Gerald Beekler and Mary Lou Beekler for the Verification of John Gerard Devlin to the Answer and New Matter previously filed in the above-captioned action. Respectfully submitted, DEVLIN ASSOCIATES, P.C. 01 By: Howard D. Kauffman, Esquire Supreme Court I.D. No. 38963 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Attorneys for Defendants, Randall J. Beekler, Gerald Beekler and Mary Lou Beekler JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire I.D.# 32858 100 Pine Street, Suite 260 Harrisburg, PA 17101 717-720-0700 Our File No. 553-20071-JGD/h BRITTANY FISHER AND CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CIVIL ACTION - LAW VERIFICATION I, Gerald Beekler, hereby depose and say that the facts set forth in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief; and that I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE Gerald Beekler V- JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire I.D.# 32858 100 Pine Street, Suite 260 Harrisburg, PA 17101 717-720-0700 Our File No. 553-20071-JGD/h BRITTANY FISHER AND CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CIVIL ACTION - LAW VERIFICATION I, Marylou Beekler, hereby depose and say that the facts set forth in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief; and that I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. .--I Od 7 (5`ATE Marylou ?Oller 100ZTzAN . . A, DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffman, Esquire I.D. #38%3 BRITTANY FISHER and CHRISTINE : IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, = Plaintiffs CIVIL ACTION -LAW V. NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Ih AND NOW, this day of May, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served the Praecipe to Substitute Verifications by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) DEVLIN ASSOCIATES, P. C. By: Howard. Kauffman, Esquire Z C_ w g r c, ,? r??.,f p `c= c a l i f DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffman, Esquire LD. #38963 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this _ 7 day of June, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served the Defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beeklers', Request for Production of Documents to Additional Defendant, R.H. Cornman, by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) r R.H. Cornman 504 Third Street New Cumberland, PA 17070 DEVLIN ASSOCIATES, P. C. By: Howar . Kauffman, Esquire ZE- -TI 7 -T c : , _ cry _ .- _ rv r-n a _. c? 3 J bEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire hD. #32858 Howard D. Kauffman, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant c : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE c? n C? y~ ' __ +V AND NOW, this day of June, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served the Defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beeklers', Interrogatories Directed to Additional Defendant, R. H. Cornman, by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) P ,,b R.H. Cornman 504 Third Street New Cumberland, PA 17070 DEVLIN ASSOCIATES, P. C. B Y How D. Kauffman, Esquire g d._, r.j -l't ?'?? S'^" ? "? (?Z i'-? ;? ? J`(?) t`?. ??.. ? -) _'- } ?_ ...? W_ W. A DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffman, Esquire LD. #38963 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of June, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served Defendants, Randall J. Beekler, Gerald Beekler and Marylou Beekler's Reply to Request for Production of Documents by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) x KH. Cornman 504 Third Street New Cumberland, PA 17070 DEVLIN ASSOCIATES, P. C. By: Z??- How d D. Kaufman, Esquire c? o c ? _ t _ 3 `;7 f7 fTl DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffman, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE : IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, Plaintiffs CIVIL ACTION -LAW V. : NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the enclosed Verification of Randall Beekler for the Verification of John Gerard Devlin to the Answer and New Matter previously filed in the above-captioned action. Respectfully submitted, DEVLIN ASSOCIATES, P.C. By: How9d D. Kauffman, Esquire Supreme Court I.D. No. 38963 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Attorneys for Defendants, Randall J. Beekler, Gerald Beekler and Mary Lou Beekler JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: John Gerard Devlin, Esquire I.D.# 32858 100 Pine Street, Suite 260 Harrisburg, PA 17101 717-720-0700 Our File No. 553-20071-JGD/h BRITTANY FISHER AND CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER V. RANDALL J. BEEK ER, GERALD BEEKLER and MARYLOU BEEKLER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CIVIL ACTION - LAW VERIFICATION I, Randall Beekler, hereby depose and say that the facts set forth in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief, and that I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. slag /07 94 DATE Randall Beekler 1001 TCAM t DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffman, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this /h day of June, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served the Praecipe to Substitute Verification by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) DEVLIN ASSOCIATES, P. C. By: !:a?rd XDKKauffi?nann, Esquire C7 ? p C t.'1 co `r L.. ?i [L _< DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffman, Esquire LD. #38963 BRITTANY FISHER and CHRISTINE IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, Plaintiffs CIVIL ACTION -LAW V. : NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant : 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 the 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 o the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 32 S. Bedford Street Carlisle, PA 17013 (800) 999-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 999-9108 r , DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffman, Esquire LD. #38963 BRITTANY FISHER and CHRISTINE : IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, Plaintiffs CIVIL ACTION -LAW V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED DEFENDANTS, RANDALL J. BEEKLER. GERALD BEEKLER AND MARYLOU BEEKLER'S COMPLAINT AGAINST ADDITIONAL DEFENDANT, R. H. CORNMAN 1. Plaintiffs filed a Complaint against Defendants, a copy of which is attached hereto as Exhibit "A" 2. Defendants filed their Answer with New Matter, a copy of which is attached hereto as Exhibit "B". 3. As set forth in the Complaint, Plaintiffs are seeking damages as a result of an automobile accident. In its Answer, Defendants have denied liability. 4. Additional Defendant, R.H. Cornman, is an individual residing at 504 Third Street, New Cumberland, PA 17070. I , 5. Additional Defendant owned a 1975 vehicle/trailer, VIN Number CCE665V 105816, license plate YGP8164, Pennsylvania, on November 6, 2004. 6. If it is determined that Plaintiffs suffered any injury/damages, then such injury/damages sustained by the Plaintiffs were the direct and proximate result of the negligence and carelessness of Additional Defendant, R.H. Cornman. 7. Defendant, Randall Beekler, was unable to see Additional Defendant's vehicle/ trailer due to Additional Defendant's negligence and collided with it. 8. If it is determined that Plaintiffs suffered any injury/damages, then such injury/damages sustained by the Plaintiffs were the direct and proximate result of the negligence and carelessness of Additional Defendant, R.H. Cornman in the following manner: (a) Additional Defendant's trailer was not equipped with red and white DOT reflective tape on the rear portion of the vehicle/trailer; (b) The vehicle/trailer did not have sufficient lighting or reflective gear or any other warnings to notify drivers that it may be a hazard to drivers; (c) Additional Defendant failed to comply with Chapter 153 of PennDOT regulations; (d) In parking and/or other placing the trailer/vehicle in a careless, reckless and negligent manner; (e) Failing to park and/or otherwise place the trailer/vehicle to avoid causing an accident; (f) In failing to lawfully park and/or otherwise place the trailer/vehicle out of the zone of foreseeable danger to other motorists; A (g) In failing to take action with regard to the parking and/or otherwise placement of the trailer/vehicle in order to avoid impact with the vehicle in which Plaintiff was a passenger; (h) In parking and/or otherwise placing a trailer/vehicle in a negligent and reckless manner with the rights and safety of those lawfully upon the highway including Plaintiff; (i) In failing to have regard for the point and position traveled by the vehicle in which Plaintiff was a passenger; 0) In failing to exercise due care under the circumstances; and, (k) In parking and/or otherwise placing the trailer/vehicle in a manner so as to create an unreasonable risk of bodily harm to another, being the Plaintiff and Defendants to a degree of probability that substantial harm would result. 9. Additional Defendant, R.H. Cornman, is liable or jointly and severally liable or is liable over to Answering Defendants in the action declared upon in the Complaint by Plaintiffs. It is further averred that if it is determined that Additional Defendant, R.H. Cornman, is liable on Plaintiffs' cause of action, Defendants, Randall J. Beekler, Gerald Beekler and Marylou Beekler, avers that Additional Defendant, R.H. Comman, is liable to Defendants, Randall J. Beekler, Gerald Beekler and Marylou Beekler, for indemnity and contribution. WHEREFORE, Additional Defendant, R.H. Cornman, is liable or jointly and severally liable or is liable over to Answering Defendants in the action declared upon in the Complaint by Plaintiffs. It is further averred that if it is determined that Additional Defendant, R.H. Cornman, is liable on Plaintiffs' cause of action, Defendants, Randall J. Beekler, Gerald Beekler and Marylou Beekler, avers that Additional Defendant, R.H. Cornman, is liable to Defendants, Randall J. Beekler, Gerald Beekler and Marylou Beekler, for indemnity and contribution. Respectfully submitted, DEVLIN ASSOCIATES, P.C. By: How . Kauffinan, Esquire Su a Court I.D. No. 38963 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Attorneys for Defendants F:\WP DirectoriesWGR\Complaints\MVA\Head-on\Fishet, Brittany - hit trailer head on.wpd Matthew S. Crosby, Esq. I. D.#69367 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Crosby HHRLaw com BRITTANY FISHER, and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. RANDALL J. BEEKLER, GERALD BEEKLER, and MARYLOU BEEKLER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- 920/Y CIVIL TERM CIVIL ACTION -LAW COMPLAINT AND NOW, come the Plaintiffs, Brittany Fisher and Christine Hillegas, natural parent of Brittany Fisher, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Matthew S. Crosby, Esq., who make the within Complaint against the Defendants, Randall J. Beekler, Gerald Beekler, and Marylou Beekler, and aver as follows: 1. Plaintiff, Brittany Fisher, is a competent adult individual currently residing at 224 Old York Road, New Cumberland, Cumberland County, PA 17070. 2. Plaintiff, Christine Hillegas, mother and legal guardian of Brittany Fisher, is a competent adult individual currently residing at 224 Old York Road, New Cumberland, Cumberland County, PA 17070. 3. Defendant, Randall J. Beekler, is an adult individual currently residing at 256 Austin Drive, Grantville, Dauphin County, PA 17028. 4. Defendant, Gerald Beekler, is an adult individual currently residing at 327 E. 11"' Avenue, North Wldwood, NJ 08260. 5. Defendant, Marylou Beekler, is an adult individual currently residing at 327 E. I Vh Avenue, North Wildwood, NJ 08260. 6. At all times material hereto, Defendant, Randall J. Beekler, was the operator of a 2001 Ford Taurus, owned by Gerald and Marylou Beekler, bearing New Jersey registration number MHF56N (hereinafter, "Defendants' vehicle.") 7. At all times material hereto, Plaintiff was an insured under an automobile insurance policy with Liberty Mutual Insurance Co. For purposes of this litigation, Plaintiff is deemed to be covered by the full-tort option, because the Defendant's vehicle was registered in New Jersey. In addition, as a result of this car crash, Plaintiff has suffered a serious impairment of bodily function. 8. Plaintiff, Brittany Fisher, was born on June 24, 1988, and did not reach the age of majority until June 24, 2006. 9. At all times material hereto, there were no adverse weather or road conditions. 2 10. At all times material hereto, a construction trailer was legally parked along the north curb of 16`1 Street in New Cumberland, Cumberland County, Pennsylvania. 11. At all times material hereto, the rear of the construction trailer was equipped with no fewer than five (5) reflectors, as well as a reflective Pennsylvania license plate. 12. At all times material hereto, 160' Street in New Cumberland, in the area of this incident, was 30'5" wide, and illuminated by street lights. 13. On or about November 6, 2004, at approximately 9:18 p.m., Plaintiff, Brittany Fisher, was a front-seat passenger in Defendants' vehicle, traveling westbound on 16' Street in New Cumberland, Cumberland County, Pennsylvania. 14. At all times material hereto, there were three additional passengers in Defendants' vehicle. Elena M. Dolz and Megan and Morgan Beekler were all rear-seat passengers. 15. At the time of this incident, Defendant, Randall J. Beekler, was operating Defendants' vehicle for the first time and was unfamiliar with the equipment and operation of said vehicle. 16. At all times material hereto, the windows of Defendants' vehicle became foggy and Defendant, Randall J. Beekler, could not clearly see the roadway in front of him. 17. On or about November 16, 2004, at approximately 9:18 p.m., Defendants' vehicle began to drift in a northerly direction, before violently striking the rear of the legally parked construction trailer. 18. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, sustained extensive injuries as set forth more specifically below. 3 COUNT I - NEGLIGENCE BRITTANY FISHER v. RANDALL J. BEEKLER 19. Paragraphs 1-18 are incorporated herein as if fully set forth below. 20. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Brittany Fisher, are the direct and proximate result of the negligence and/or carelessness of the Defendant, Randall J. Beekler, generally and more specifically as set forth below: (a) In driving his vehicle in careless disregard for the safety of persons or property, in violation of 75 C.S.A. § 3714; (b) in failing to be reasonably vigilant to observe the legally parked trailer on 160i Street in New Cumberland; (c) In failing to properly regulate the speed of his vehicle so as to prevent a collision; (d) In failing to operate his vehicle in such a manner that would allow him to apply the brakes and stop before striking the legally parked trailer on 16' Street in New Cumberland; (e) In failing to operate his vehicle at a speed that was reasonable or prudent, in violation of 75 Pa. C.S.A. § 3361; (f) In failing to have sufficient control of his vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (g) In operating a motor vehicle inattentively; 4 (h) In failing to observe the rear reflectors and reflective license plate on the legally parked construction trailer; (i) In allowing the windows of Defendants' vehicle to become so foggy that it was unsafe to continue operating said vehicle; (j) In failing to keep a proper lookout for legally parked vehicles; (k) In failing to properly and adequately observe the traffic conditions then and there existing; (1) In operating Defendants' vehicle at a time when he was distracted by the passengers in the vehicle and the foggy windows; (m) In failing to operate his vehicle so that windshield wipers would not obstruct his view, in violation of 75 Pa.C.S.A. §4524; and (n) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided. 21. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has suffered extensive personal injuries, including, but not limited to, a dislocated right hip and facial abrasions. 22. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has undergone continuing medical care for aforesaid injuries. 5 23. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 24. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to her great detriment and loss. 25. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has suffered a loss of life's pleasures, and she will continue to suffer the same in the.future, to her great detriment and loss. 26. As a direct and proximate result of negligence of the Defendant, Randall J. Beekler, the Plaintiff, Brittany Fisher, has been, and will in the future be, hindered from attending to her daily duties and chores, to her great detriment, loss, humiliation, and embarrassment. 27. Plaintiff, Brittany Fisher, believes and, therefore, avers that her injuries are permanent and serious. WHEREFORE, Plaintiff, Brittany Fisher, seeks damages from the Defendant, Randall J. Beekler, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 6 COUNT II- NEGLIGENCE/NEGLIGENT ENTRUSTMENT BRITTANY FISHER v. GERALD and MARYLOU BEEKLER 28. Paragraphs 1-27 are incorporated herein as if fully set forth below. 29. At all times material hereto, Defendants, Gerald and Marylou Beekler, owned the motor vehicle that Defendant, Randall J. Beekler was operating at the time of the collision. 30. Plaintiff believes and, therefore, avers that at all times material hereto, Defendant, Randall J. Beekler, operated the Defendants` vehicle with the consent and/or permission of Defendants, Gerald and Marylou Beekler. 31. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Brittany Fisher, were caused directly and proximately by the negligence and/or carelessness of the Defendants, Gerald and Marylou Beekler, in giving possession of their vehicle to Defendant, Randall J. Beekler, when they knew, or should have known: (a) Defendant, Randall J. Beekler, was not competent to operate a motor vehicle; (b) Defendant, Randall J. Beekler, was likely to operate the vehicle in a dangerous and unsafe manner; (c) Defendant was unfamiliar with the operation and equipment of their vehicle; and (c) Defendant, Randall J. Beekler, would operate the vehicle in the manner set forth in Paragraph 14, (a) - (h), of this Complaint. 7 32. As a direct and proximate result of the negligence of the Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, sustained injuries including, but not limited to, a dislocated right hip and facial abrasions. 33. As a direct and proximate result of the negligence of the Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, has suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 34. As a direct and proximate result of the negligence of the Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and medical attention, and will continue to do so in the future. 35. As a direct.and proximate result of the negligence of Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, continues to receive treatment and incur expenses as a result of said injuries, and will most likely continue to do so in the future, to her detriment and loss. 36. As a direct and proximate result of the negligence of the Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, has suffered a loss of life's pleasures and she will continue to suffer-the same in the future, to her detriment and loss. 37. As a direct and proximate result of the negligence of the Defendants, Gerald and Marylou Beekler, the Plaintiff, Brittany Fisher, has been, and will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 8 38. Plaintiff, Brittany Fisher, believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Brittany Fisher, seeks damages from the Defendants, Gerald and Marylou Beekler, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT III - NEGLIGENCE CHRISTINE HILLEGAS v. RANDALL J. BEEKLER 39. Paragraphs 1-38 are incorporated herein as if fully set forth below. 40. At all times material hereto, Christine Hillegas was the natural parent of Plaintiff, Brittany Fisher. 41. As a direct and proximate result of the injuries suffered by Plaintiff, Brittany Fisher, Christine Hillegas was required to take leave from work to transport her daughter to and from medical appointments for treatment of injuries stemming from the car crash and to otherwise care for, and assist, her daughter. 42. As a direct and proximate result of the negligence of the Defendant, Randall J. Beekler, the Plaintiff, Christine Hillegas, has suffered a loss of income. WHEREFORE, Plaintiff, Christine Hillegas, seeks damages from the Defendant, Randall J. Beekler, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 9 COUNT IV - NEGLIGENT ENTRUSTMENT CHRISTINE HILLEGAS v. GERALD and MARYLOU BEEKLER 43. Paragraphs 1-42 are incorporated herein as if fully set forth below. 44. At all times material hereto, Christine Hillegas was the natural parent of Plaintiff, Brittany Fisher. 45. As a direct and proximate result of the injuries suffered by the Plaintiff, Brittany Fisher, Christine Hillegas was required to take leave from work to transport her daughter to and from medical appointments for treatment of injuries stemming from the car crash and to otherwise care for, and assist, her daughter. 46. As a direct and proximate result of the negligence of Defendants, Gerald and Marylou Beekler, the Plaintiff, Christine Hillegas, has suffered a loss of income. WHEREFORE, Plaintiff, Christine Hillegas, seeks damages from the Defendants, Gerald and Marylou Beekler, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: t Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Matthew S. Crosby, Esq. I.D. No. 69367 Attorneys for Plaintiffs 10 VERIFICATION THE UNDERSIGNED hereby verify that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not our own. We have read the said document and, to the extent that it is based on information that we gave to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the contents of the said document is that of counsel, we have relied upon our counsel in preparing this Verification. THE UNDERSIGNED also understand that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. DATE: S Off. CHRISTINE HILLEGAS BRITTANY FI R Exhibit "B" To Parties: You are hereby notified to plead to the enclosed New Matter within twenty (20) days fr m the service hereof or a default judgment M777"st you. Attorney for Defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler JOHN GERARD DEVLIN & ASSOCIATES, P.C. SY: John Gerard Devlin, Esquire I. D.# 32858 100 Pine Street, Suite 260 Harrisburg, PA 17101 717-720-0700 Our File No. 553-20071-JGD/h BRITTANY FISHER AND CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED RANDALL J. BEEKLER, CIVIL ACTION - LAW GERALD BEEKLER and MARYLOU BEEKLER JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, RANDALL J. BEEKLER, GERALD BEEKLER AND MARYLOUBEEKLER Defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, by way of answer to the Complaint aver as follows: Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 2. Denied. After reasonable investigation, answering defendant are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 3. Denied. The allegations contained in this paragraph contain conclusions of law to which no response is required under the applicable New Jersey Rules of Court. Strict proof of same is demanded at time of trial. 4. Denied. The allegations contained in this paragraph contain conclusions of law to which no response is required under the applicable New Jersey Rules of Court. Strict proof of same is demanded at time of trial. 5. Denied. The allegations contained in this paragraph contain conclusions of law to which no response is required under the applicable New Jersey Rules of Court. Strict proof of same is demanded at time of trial. 6. Admitted. 7. Denied. The allegations concerning the full tort option governing the plaintiff are deemed to be specifically denied and at issue. By way of further answer, it is specifically denied that the plaintiff suffered a serious impairment of bodily function. Strict proof of same is demanded at time of trial. 8. Admitted upon information and belief. 9. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 10. Denied. It is specifically denied that a construction trailer was legally parked along the north curb of 16`h Street in New Cumberland, PA. Strict proof of same is demanded at time of trial. 11. Denied. It is specifically denied that the rear of the construction trailer was equipped with no fewer than five reflectors. Strict proof of same is demanded at time of trial. 12. Denied. All allegations regarding the width of 16th Street and/or illumination of the street by street lights are deemed to be specifically denied as averred in the Complaint. Strict proof of same is demanded at time of trial. 13. Admitted upon information and belief. 14. Admitted upon information and belief. 15. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 16. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 17. Admitted. 18. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demand that judgment be entered in their favor. COUNT I 19. Answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, incorporate by reference their response to the allegations contained in paragraphs 1-18 of the Complaint as if same were fully set forth herein at length. 20. All allegations regarding negligence or carelessness on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 21. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 22. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 23. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 24. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 25. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 26. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 27. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demand that judgment be entered in their favor. COUNT II 28. Answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, incorporate by reference their response to the allegations contained in paragraphs 1-27 of the Complaint as if same were fully set forth herein at length. 29. Denied. All allegations regarding any ownership of any vehicle as averred in the Complaint are deemed to be specifically denied and at issue. Strict proof of same is demanded at time of I trial. 30. Denied. All allegations regarding consent and/or permission as averred in paragraph 30 of the Complaint are deemed to be specifically denied as averring improper conclusions of law and/or incorrect statements of fact. Strict proof of same is demanded at time of trial. 31. All allegations regarding negligence or carelessness on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. Strict proof of same is demanded at time of trial. 32. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 33. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 34. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the i legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 35. Denied. All allegations regarding negligence on the part of answering defendants, Randall T. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 36. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 37. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 38. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demand that judgment be entered in their favor. COUNT III 39. Answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, incorporate by reference their response to the allegations contained in paragraphs 1-38 of the Complaint as if same were fully set forth herein at length. 40. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 41. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 42. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 42. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the j legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demand that judgment be entered in their favor. i? COUNT IV 43. Answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, incorporate by reference their response to the allegations contained in paragraphs 1-42 of the Complaint as if same were fully set forth herein at length. 44. Denied. After reasonable investigation, answering defendants are without sufficient knowledge or information with which to form a belief as to the truth of the allegations contained in this paragraph. Strict proof of same is demanded at time of trial. 45. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. 46. Denied. All allegations regarding negligence on the part of answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, are deemed to be specifically denied. By way of further answer, it is specifically denied that any actions or omissions on the part of answering defendants were the legal or proximate cause of any injuries sustained by the plaintiff. Strict proof of same is demanded at time of trial. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demands that judgment be entered in their favor. NEW MATTER 47. The claims of the plaintiffs are barred and/or limited by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S. Section 7102. 48. The claims of the plaintiffs are barred and/or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701, et seq, including all claims for services and accommodations for: a) professional medical treatment and care; b) emergency health services; c) medical and vocational rehabilitation services; d) work income losses, past, present or future, and any and all other economic losses. 49. If there be a judicial determination that Pa. R.C.P. 238 is Constitutional, said Constitutionality being expressly challenged as in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution, 42 U.S.C. Section 1983; Article I, Sections 1, 6,11, 26; and Article V, Section 10(c) of the Pennsylvania Constitution, then liability for any interest imposed by the Rule should be suspended during the period of time that plaintiffs: a) fails to convey to the defendants a settlement demand figure; b) delays in responding to Interrogatories; c) delays in responding to Request to Produce; d) delays in producing plaintiffs for a deposition; e) delays in producing plaintiffs for a physical examination; f) delays in any other discovery request made by the defendants, and, as a result of any delay, the plaintiffs should be estopped from obtaining interest because of any violation of the Discovery Rules 50. Any damages or injuries which may have been sustained by the plaintiffs were the result of an unavoidable accident insofar as the answering defendants are concerned. 51. Any injuries or damages allegedly sustained by plaintiffs were caused through the sole negligence of the plaintiffs. i I . 52. Any liability which might otherwise be imposed upon the answering defendants must be reduced by the application of the standard of comparative negligence, mandated by the Comparative Negligence Act, N.J.S.A. 2A:15-5.1, et M. 53. There was no willfulness involved in any of the events involving the factual basis upon which this suit has been instituted. 54. The claims of the plaintiffs are barred and/or limited by reason of the statute of limitations, inasmuch as suit was not instituted and service of process was not made within the applicable limitations period. 55. Negligence, if any, on the part of the answering defendants, was not the proximate cause of any damages or injuries which may have been sustained by the plaintiffs. 56. The Complaint fails to state a claim upon which relief can be granted as against the answering defendants. 57. The answering defendants were free of any and all negligence. 58. Any damages or injuries which may have been sustained by the plaintiffs were caused through the sole negligence of a third party or parties over whom the answering defendants exercised no control. WHEREFORE, answering defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, demand that judgment be entered in their favor. Respectfully submitted, JOHN GE"RD DEVLII?//a ASSOCIATES, P.C. BY: J lin, Esquire i , & I ? r VERIFICATION I, John Gerard Devlin, Esquire, being duly sworn according to law, hereby deposes and says that j he is the attorney for defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, in the above- captioned matter, that insufficient time exists to secure signature of defendants to an affidavit, and that the facts contained in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief. Gerard Devlin, Esquire e er ? r CERTIFICA TION OF SER VICE I, John Gerard Devlin, Esquire, counsel for defendant, Randall J. Beekler, Gerald Beekler and MaryLou Beekler, hereby certifies that on May 11, 2007 he mailed by First Class Mail, postage prepaid a true and correct copy of Answer and New Matter to all interested parties as listed below: Matthew S. Crosby, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 JOHN GERARD DEVLIN & ASSOCIATES, P.C. BY: h-""l JJolfi Gerard Devlin, Esquire Counsel for Defendants Randall J. Beekler, Gerald Beekler and MaryLou Beekler Dated: May 11, 2007 I ? • , DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffinan, Esquire LD. #38963 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM V. R. H. CORNMAN, Additional Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this g A day of June, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served Defendants, Randall J. Beekler, Gerald Beekler and Marylou Beekler's Complaint Against Additional Defendant, R.H. Cornman by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) ? ?? c' ?.: _ v _, c? ? ?'? ? _? r - ,- .,._ ? r _._ ., ` -., r - _ - --~ - ;; r __ ? .. ;,,? ` c,? c? < (:.dlbil. iugatiim?1.ehanGnt Mutual himmince Company %Cornlrmn\11111? ot'Appearancc doc - 6i21i07 2:10 Pk1 BRITTANY FISHER and IN THE COURT OF COMMON PLEAS OF CHRISTINE FISHER, natural parent of BRITTANY FISHER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. RANDALL J. BEEKLER, GERALD BEEKLER, and MARYLOU BEEKLER, NO. 07-2014 CIVIL TERM Defendants VS. R. H. CORNMAN JURY TRIAL DEMANDED Additional Defendant : PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COUNTY: Please enter the appearance of BUZGON DAVIS LAW OFFICES, whose address is 525 South Eighth Street, P.O. Box 49, Lebanon Pennsylvania 17042, as attorneys for R. H. CORNMAN, Additional Defendant in the above-captioned matter. BUZGON D VIS LAW OFFICES 4 i BY: Timothy J. Huber, Esquire Attorney I.D. #47231 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: huber@buzgondavis.com Attorneys for Additional Defendant Dated: 6 `6?1 SHERIFF'S RETURN - OUT OF COUNTY c ? CASE NO: 2007-02014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER BRITTANY ET AL VS BEEKLER RANDALL J 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: BEEKLER RANDALL J but was unable to locate Him deputized the sheriff of DAUPHIN serve the within NOTC,COMP,INTERR,REQ PROD County, Pennsylvania, to On April 24th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So ans Docketing 18.00 Out of County 9.00 Surcharge 10.00 If. Thomas ine Dep Dauphin County 37.25 Sheriff of Cumberland County Postage 2.94 77.19 r /2 04/24/2007 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of , in his bailiwick. He therefore A.D. In The Court of Common Fleas of Cumberland County, Pennsylvania /brittany Fisher et al vs. Randall J. Beekler et al No. 07-2014 civil SERVE: Randall J. Beekler Now, April -12, 2007 , L SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to Sheriff of Sworn and subscribed before me this day of , 20 copy of the original the contents thereof. So answers, COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 4 Wo Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania FISHER BRITTANY ET AL vs County of Dauphin BEEKLER RANDALL J ET AL Sheriff's Return No. 0550-T - - -2007 OTHER COUNTY NO. 07 2014 CIVIL Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:April 18, 2007 at 10:25AM served the within NOTICE & COMPLAINT & INTERROGATORIES upon BEEKLER RANDALL J ET AL by personally handing RANDALL J BEEKLER to RANDALL BEEKLER 1 true attested copy(ies) of the original NOTICE & COMPLAINT & INTERROGATORIES and making known to him/her the contents thereof at 256 AUSTIN DRIVE GRANTVILLE, PA 17028-0000 Sworn and subscribed to before me this 18TH day of APRIL, 2007 "I A----I NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 office of t4-e S4,eriff So Answers, 7e,; Sherif of DauphiQ County, Pa. By Deputy Sheriff Sheriff's Costs:$37.25 PAID BY COUNTY GM IF ?, DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffman, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE : IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, Plaintiffs CIVIL ACTION -LAW V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant : NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this i c3 A day of July, 2007, I, Howard D. Kauffinan, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served Defendants, Randall J. Beekler, Gerald Beekler and Marylou Beekler's, Supplemental Reply to Request for Production of Documents by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) 4F r, Timothy J. Huber, Esquire Buzgon Davis Law Offices 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 (Attorneys for Additional Defendant, R.H. Cornman) DEVLIN ASSOCIATES, P. C. By: Howar . Kauffman, Esquire C7 ? ? 71!%' tt ?.ei SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND I FISHER BRITTANY ET AL VS BEEKLER RANDALL J 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: BEEKLER GERALD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On June 26th , 2007 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 ??/ R Thomas Kline Dep Lancaster Co 63.38 J_ Sheriff of Cumberland County Postage 2.40 102.78 V,. ??2 4?ati 06/26/2007 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY r CASE NO: 2007-02014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER BRITTANY ET AL VS BEEKLER RANDALL J 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: TITTTJT TT) NfT T]VT r1TT but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On June 26th , 2007 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answers: Docketing 6.00 Out of County .00 Surcharge 10.00 Thomas ine .00 111 Sheriff of Cumberland County .00 ' 4 J6 16.00 06/26/2007 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of A. D. ??RR132532 1 of SHERIFF'S OFFICE H 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 n SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. ? 1. PLAINTIFF/s/ BRITTANY FISHER AND CHRISTINE HILLEGAS, 2. COURT NUMBER nAtural parent of BRITTANY FISHER 07-2014 Civil Term 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT RANDALL J. BEEKLER, GERALD BEEKLER, AND MARYLOU RFF.T<T.F.R Civil t SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED GERALD BEEKLER 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 1306 Blue Jay Drive, Lancaster, PA 17601 Phone--717-390-0691 7. INDICATE UNUSUAL SERVICEXX DEPUTIZE ? OTHER n mlharl and Now, May 30 20 Q7 , I, SHERIFF OF L' COUNTY, PA., do hereby d putize the Sherriff of r,anr_aGt9r County to execute this Wr rurn thereof accoming to law. This deputation being made at the request and risk of the plaintiff ' .-?' SHERIFF O COU ' 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Ctmtber.land Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of s eputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale thereof. 9. S=E,o EY o r other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE Matthew S. Crosby, Esq. 717-238-2000 5/23. 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) Matthew S. Crosby, Esq., 1300 Linglestown Rd., Harrisburg, PA 17110 D7 / SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 1 NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. f ,TA CX?F. MTC1(1T(1T4F. 71 7_1Q0_7Zr)Q 1:? /111 /m a /")Q /n7 16. 1 hereby CERTIFY and RETURN that I grave personally served, ? have legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ? No Service See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., Ci ty, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) A,,_ PM EDST ) 23. ATTEMPTS ?te Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. In t. Date Mlles Dep. Int. N 24. Advance Costs 0 25. Service Costs 1 26. Notary Cert. 27. M' a/Postage/N.F. 28. tal Costs 9. COST DUE OR R UND 1 59.50 30. REMARKS S.T.A.: 31. AFFIRMED and subscribed to before me this 32. Signature of Den. Sheri-1A1/%. Q_a i 1JPQC &132532 ?? CASTER,PENNSYL 80 J' 0 F 2 17608-3480 • 3 50 NORTH DUKE STREET E PLEAS (717) 299-820p I 1 ,rFtDAVIT OF RETURN T DO NOT D R PRINT LEGIBLY. rM 2. COURT NUMBE FIStER AND CHRISTINE HILLECAS, 07-2014 Civil Y COPIES. t11 - -? ?? N 4. TYPE OF WRIT OR COMPLAINT ., x RANDALL J. BEEKLER, GERALD BEEKLER AND MARYLOU BEEKLER Civil Complaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED. MARYLOU BEEKLER 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 1306 Blue Jay Dr., Lancaster, PA 17601--phone, 717-390-0691 7. INDICATE UNUSUAL SERVICE: 0 DEPUTIZE D OTHER Clmberland Now, May 30 20 07 , I, SHERIFF OF COUNTY, PA., do herebgyieputize the St)r?ff of Lancaster County to execute this Writ mad y return t re g to law. This deputation being made at the request and risk of the plaintiff.' - SHERIFF OF COUN 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Gr an Please mail return of service to Ctanberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale thereof. 9. SIGNA o A ORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE --- Matthew S. Crosby, Esq. 1717-238-2000 15/23/2007 /,f/o ? 12. SEND NOTIAe OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) Matthew S. Crosby, Esq., 1300 Linglestown Rd., Harrisburg, PA 17110 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO De u or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. } JA CKIE MICCICHE 717-390-2309 I 5/31/07 I 6/28/07 16. 1 hereby CERTIFY and RETURN that 10 have personally served, ave legal evidence of service as shown in "Remarks:, 0 have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. 01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. ame and title of individual served (if not shown above) (Relationship to Defendant) 19. p No Service t 7 1%2 A l ail Arr (< Lat_. ?f )e(L4 7n See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. State and Zip Code) 21. Date of Service 22. Time P j - • 0? ? I EDST 23. ATTEMPTS to 12,01 Iles 19 Dep. Int. W Date Mlles Dep. Int. Date Mlles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mileage/Postage/N.F. 28. Total Costs 29. COST DUE OR REFUND 53 a? Q F 30. REMARKS S.T.A. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER BRITTANY ET AL VS BEEKLER RANDALL J ET AL MARK CONKLIN 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 CORNMAN R H the ADD'L DEFENDANT, at 1835:00 HOURS, on the 6th day of June , 2007 at 504 THIRD STREET NEW CUMBERLAND, PA 17070 ROBERT CORNMAN by handing to a true and attested copy of WRIT TO ADD'L DEFEN. together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 32.64 Postage .58 Surcharge 10.00 .00 L?Ls?0? 61.22 Sworn and Subscibed to before me this day So Answers: 41 R. Thomas Kline 06/07/2007 JOHN GERARD DEVLIN & A T Z By: De ut Sheriff of A. D. tEutual h;-'umncc try CH C'omplaint.doc - 8!16/67 10:10 AM Timothy J. Huber, Esquire-Attorney I.D. #47231 Attorneys for E-mail: huber@buzgondavis.com Additional Defendant, Michael S. Bechtold, Esquire-Attorney I.D. #204201 R.H. Cornman E-mail: Bechtold@buzgondavis.com BUZGON DAVIS LAW OFFICES 525 South Eighth Street-Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 BRITTANY FISHER and IN THE COURT OF COMMON PLEAS OF CHRISTINE FISHER, natural parent of BRITTANY FISHER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. RANDALL J. BEEKLER, GERALD BEEKLER, and MARYLOU BEEKLER, NO. 07-2014 CIVIL TERM Defendants vs. R. H. CORNMAN, : JURY TRIAL DEMANDED Additional Defendant : NOTICE TO PLEAD To All Other Parties: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ADDITIONAL DEFENDANT, R. H. CORNMAW S ANSWER TO DEFENDANTS, RANDALL J. BEEKLER, GERALD BEEKLER AND MARYLOU BEEKLER' S COMPLAINT TO JOIN ADDITIONAL DEFENDANT WITH NEW MATTER AND NOW, comes the Additional Defendant, R. H. Cornman, by his attorneys, Buzgon Davis Law Offices, and files this Answer, averring as follows: 1. ANSWER 1. Admitted. 2. Admitted. 3. Admitted. Additional Defendant, R.H. Cornman, also denies any and all liability. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Additional Defendant, R.H. Cornman, owned a 1975 vehicle with VIN Number CCE665V 105816, Pennsylvania license plate YGP8164, on November 6, 2004. The identification of the subject trailer is mistaken. The trailer is a 1987 International model with Pennsylvania license plate XP-78626. 6. Paragraph 6 contains a conclusion of law to which no responsive pleading is required. By way of further response, Additional Defendant, R. H. Cornman, specifically denies being negligent or careless, strict proof being demanded at trial. 7. Denied. After reasonable investigation, Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 7. By way of further response, Additional Defendant specifically denies that his negligence or that his conduct caused the alleged collision, strict proof being demanded at trial. 8. (a)-(k) Denied. 9. Denied as stating a legal conclusion, requiring no response. WHEREFORE, Additional Defendant, R. H. Cornman, respectfully requests your Honorable Court to dismiss the Complaint filed against him. -2- II. NEW MATTER 10. The averments of paragraphs 1 through 9 are incorporated herein by reference as if textually set forth at length. 11. Defendants' claims are barred by the appropriate statute of limitations as Defendants joined Additional Defendant more than two (2) years following the accident referred to in Plaintiff's Complaint. WHEREFORE, Additional Defendant, R. H. Cornman, respectfully requests your Honorable Court to dismiss the Complaint filed against him. BUZGON DAVIS LA F ICES BY: C Timothy J. Huber, Esquire Attorney I.D. #47231 E-mail: huber@buzgondavis.com Michael S. Bechtold, Esquire Attorney I.D. #204201 E-mail: bechtold@buzgondavis.com 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 Attorneys for Additional Defendant, R. H. Cornman -3- VERIFICATION I, R. H. CORNMAN, do hereby verify that I am the Additional Defendant in the within action, and that the facts set forth in the foregoing ADDITIONAL DEFENDANT, R. H. CORNMAN'S ANSWER TO DEFENDANTS, RANDALL J. BEEKLER, GERALD BEEKLER AND MARYLOU BEEKLER'S COMPLAINT TO JOIN ADDITIONAL DEFENDANT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. R. H. CORNMAN Date: .. 2" PM BRITTANY FISHER and CHRISTINE FISHER, natural parent of BRITTANY FISHER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RANDALL J. BEEKLER, GERALD BEEKLER, and MARYLOU BEEKLER, NO. 07-2014 CIVIL TERM Defendants vs. R. H. CORNMAN, : JURY TRIAL DEMANDED Additional Defendant : AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, KELLY L. ELLINGER, an employee of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Additional Defendant, R. H. Cornman, being duly sworn according to law, depose and say that I mailed on August 16, 2007, by regular mail, in a postpaid envelope, a true and correct copy of ADDITIONAL DEFENDANT, R. H. CORNMAN'S ANSWER TO DEFENDANTS, RANDALL J. BEEKLER, GERALD BEEKLER AND MARYLOU BEEKLER' S COMPLAINT TO JOIN ADDITIONAL DEFENDANT, the original of which was mailed on August 16, 2007, for filing in the Office of the Prothonotary of Cumberland County, Pennsylvania, to Matthew S. Crosby, Esquire, HANDLER, HENNING & ROSENBERG, LLP, 1300 Linglestown Road, Harrisburg, Pennsylvania, 17110, attorney for Plaintiffs; and Howard D. Kauffman, Esquire, DEVLIN ASSOCIATES, P.C., 100 Pine Street, Suite 260, Harrisburg, Pennsylvania, 17101, attorney for Defendants. LLY ? ELLINGER COMMONWEALTH OF PENNSYLVANIA Notarial Seal Olivia A. S43alavioh, Notary Rd3k City Of Lebanon, Lebanon County My Cor mission Expires Deo. 20, 2008 Member, Penn,-y!vania Association of Notaries -2- Sworn to and subscribed before me this 16th day ? -?r? ? y ?n l?? c? -rn n? r :, ???. ? 7 T rSr ? .r: ? ? ? ' -?--t i? 7 ?.-?C' A, ...0. DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffman, Esquire LD. #38%3 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM V. R. H. CORNMAN, Additional Defendant JURY TRIAL DEMANDED DEFENDANTS. RANDALL J. BEEKLER. GERALD BEEKLER and MARYLOU BEEKLERS' REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT. R.H. CORNMAN 10. Answering Defendants incorporate its averments in Paragraphs 1 through 9 as if more fully set forth herein at length. 11. Denied. The averments of this paragraph contain conclusions of law to which no response is required. WHEREFORE, Defendants deny that Plaintiff is entitled to judgment against the Defendants in the amount specified, or to any sum of money whatsoever, or to interest or costs and prays that judgment be entered in Defendants' favor and against the Plaintiff and for its costs and fees and for such other relief as the Court deems appropriate. 4 By: Respectfully submitted, DEVLIN ASSOCIATES, P.C. 3. Kauffman, Esquire Court I.D. No. 38963 100 Pine Street, Suite 260 Harrisburg, PA 17101 (717) 720-0700 Attorneys for Defendants _41b. DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffman, Esquire LD. #38963 BRITTANY FISHER and CHRISTINE : IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, Plaintiffs CIVIL ACTION -LAW V. : NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ro4 AND NOW, this day of August, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affum that I served the Defendants, Randall J. Beekler, Gerald Beekler and Marylou Beeklers' Reply to New Matter of Additional Defendant, R.H. Cornman, by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) Timothy J. Huber, Esquire Buzgon Davis Law Offices 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 (Attorneys for Additional Defendant, R.H. Cornman) DEVLIN ASSOCIATES, P. C. By: How . Kauffman, Esquire ?7 "T'' `.d.,3 . 'Yr. '? 4 .. _ n? s' ^ x ? t ' a , i j? .. r . -? { {- i _ ? .. { ?, ?'? 0?' R 1-1 AN... BRITTANY FISHER and CHRISTINE FISHER, natural parent of BRITTANY FISHER, Plaintiff vs. RANDALL J. BEEKLER, GERALD BEEKLER, and MARYLOU BEEKLER, Defendants VS. R. H. CORNMAN, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-2014 CIVIL TERM Additional Defendant : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEBANON ) I, KELLY L. ELLINGER, an employee of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Additional Defendant, R. H. Cornman, being duly sworn according to law, depose and say that I mailed on September 27, 2007, by regular mail, in a postpaid envelope, a true and correct copy of ADDITIONAL DEFENDANT, R. H. CORNMAN'S ANSWERS TO INTERROGATORIES OF DEFENDANTS, RANDALL J. BEEKLER, GERALD BEEKLER AND MARYLOU BEEKLER and ADDITIONAL DEFENDANT, R. H. CORNMAN'S RESPONSE TO i , 10L e , REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS, RANDALL J. BEEKLER, GERALD BEEKLER AND MARYLOU BEEKLER to Matthew S. Crosby, Esquire, HANDLER, HENNING & ROSENBERG, LLP, 1300 Linglestown Road, Harrisburg, Pennsylvania, 17110, attorney for Plaintiffs; and Howard D. Kauffman, Esquire, DEVLIN ASSOCIATES, P.C., 100 Pine Street, Suite 260, Harrisburg, Pennsylvania, 17101, attorney for Defendants. Sworn to and subscribed before me this 27`h day of September, A.D., 2007. ?e Notary Public (kELIT L. ELLIN ) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Linda 1. Meal, Notary Public City Of Lebanon, Lebanon County My Commission E)ires July 3, 2011 Member, Pennsylvania Association of Notaries -2- r..? .?.a .'.? ....J r # ? _ _ 4 ??7i -? `? _?i"; ?? y r ' , t 1 DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D.#32858 Howard D. Kauffman, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of October, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served Defendants' Interrogatories Directed to Additional Defendant, R. H. Cornman - Set II by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) Timothy J. Huber, Esquire Buzgon Davis Law Offices 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 (Attorneys for Additional Defendant, R.H. Cornman) DEVLIN ASSOCIATES, P. C. By: Howard D. uffman, Esquire C"> ,?- ca ? -n >,. ..r} 'f _ _ ` '?'? {?1 ti? ` , ? ..? _.' '? t ?t1 ? ' "`\ ?:. a DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kaufrinan, Esquire I.D. #385163 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this & day of October, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served the Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) r-o °;t3 G (+: cn c-) -- rn x' (.JI ¦-` DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffman, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE : IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, Plaintiffs CIVIL ACTION -LAW V. : NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this QA4,? day of October, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served the Defendants' Supplemental Reply to Request for Production of Documents by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) rin; ? f t''',dlb.l.itigationl;l,et)arron Mutual Insurance Coniparn`t`orizrii?in"Atlidavit of service, Answers to Iuterrogato ries.doc - i 1;'27'U? 7.55 AM BRITTANY FISHER and IN THE COURT OF COMMON PLEAS OF CHRISTINE FISHER, natural parent of BRITTANY FISHER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. RANDALL J. BEEKLER, GERALD BEEKLER, and MARYLOU BEEKLER, NO. 07-2014 CIVIL TERM Defendants vs. R. H. CORNMAN, : JURY TRIAL DEMANDED Additional Defendant : AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, OLIVIA A. STEPALAVICH, an employee of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Additional Defendant, R. H. Cornman, being duly sworn according to law, depose and say that I mailed on November 27, 2007, by regular mail, in a postpaid envelope, a true and correct copy of ADDITIONAL DEFENDANT, R. H. CORNMAN'S ANSWERS TO DEFENDANTS' INTERROGATORIES - SET II to Matthew S. Crosby, Esquire, HANDLER, HENNING & ROSENBERG, LLP, 1300 Linglestown Road, Harrisburg, Pennsylvania, 17110, attorney for Plaintiffs; and Howard D. Kauffman, Esquire, DEVLIN ASSOCIATES, P.C., 100 Pine Street, Suite 260, Harrisburg, Pennsylvania, 17101, attorney for Defendants. 1 t Sworn to and subscribed before me this 27 h day U((LVIA A. S ALA ICH) of November, A.D., 2007. COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial Seal Linda 1.O Neil, Notary Pubic City Of Lebanon, Lebanon County W C wnLRsion E)0res July 3, 2011 Member, Pennsylvani? Association of Notaries N CD T5 DEVLIN ASSOCIATES, P.C. 100 Pine Street, Suite 260 Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kauffinan, Esquire I.D. #38%3 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 1 ?'1LjTR . day of December, 2007, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P. C., counsel for Defendants affirm that I served Defendants, Randall J. Beekler, Gerald Beekler and MaryLou Beekler's Answers to Interrogatories of Plaintiff by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) 1 ?y Timothy J. Huber, Esquire Buzgon Davis Law Offices 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 (Attorneys for Additional Defendant, R.H. Common) DEVLIN ASSOCIATES, P. C. By: Z2 Howard D uiftnan, Esquire v rt rr7 n rn V DEVLIN ASSOCIATES, P.C. ')14 Pine. Street Harrisburg, PA 17101 Phone: (717) 720-0700 .iolm Gie[:u<i Devi 1, E34-u11e I.D. #32858 Howard D. Kauffman, Esquire LD_ #38963 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this V Q day of January, 2008, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P.C., counsel for Defendants affirm that I served the Notice of Deposition of Brittany Fisher by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) -w Timothy J. Huber, Esquire Buzgon Davis Law Offices 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 (Attorneys for Additional Defendant, R.H. COMM) DEVLIN ASSOCIATES, P. C. By' EHo D. Kauffman, ~- CA) C 7 W lift DEVLIN ASSOCIATES, P.C. 214 Pine Street Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Est'uirr I.D. #32858 Howard D. Kauffman, Esquire I.D. #38%3 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this - `3 A day of January, 2008, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P.C., counsel for Defendants affirm that I served the Notice of Deposition of Christine Hillegas by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) Timothy J. Huber, Esquire Buzgon Davis Law offices 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 (Attorneys for Additional Defendant, R.H. COmman) DEVLIN ASSOCIATES, P. C. By. uffman, Esquire H w a Ka ra o p .. ? m ? . ? ? ?a ? ? °. t ?- ;. , ? --- ?, ,- . -v ,a-e ?- ? `? DEVLIN ASSOCIATES, P.C. 214 Pine Street Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kaufman, Esquire I.D. #38963 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE Please note our change of address. Our new address is 214 Pine Street, Harrisburg, PA 17101. Respectfully submitted, DEVLIN ASSO"ATES, P.C. By: - oO" How D. Kauffman, Esquire Supreme Court I.D. No. 38963 214 Pine Street Harrisburg, PA 17101 (717) 720-0700 Attorneys for Defendants DEVLIN ASSOCIATES, P.C. 214 Pine Street Harrisburg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire LD. #32858 Howard D. Kaufman, Esquire LD. #38963 BRITTANY FISHER and CHRISTINE : IN THE COURT OF COMMON PLEAS HILLEGAS, natural parent of BRITTANY : CUMBERLAND COUNTY, PENNSYLVANIA FISHER, Plaintiffs : CIVIL ACTION -LAW V. NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this. &() + day of February, 2008, I, Howard D. Kauffman, Esquire of the Law Offices of Devlin Associates, P.C., counsel for Defendants affirm that I served the Praecipe by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania addressed to: Matthew S. Crosby, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorneys for Plaintiffs) 1 Michael S. Bechtold, Esquire Buzgon Davis Law Offices 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 (Attorneys for Additional Defendant, R.H. Cornman) By: ASSOCIATES, P. C. Kauffman, Esquire ?> ? ? -ry ' : . t ? +' - ? ? r `.f-5 L.3? __ ... .?.3y +> ._ ?_ ` ?. ( (? Z _r. C.. ? ?---1 ? ? ?.?? ?? . -' n. DEVLIN ASSOCIATES, P.C. 214 Pine Street Harrislnirg, PA 17101 Phone: (717) 720-0700 John Gerard Devlin, Esquire I.D. #32858 Howard D. Kauffman, Esquire LD. #38963 BRITTANY FISHER and CHRISTINE HILLEGAS, natural parent of BRITTANY FISHER, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-2014 CIVIL TERM RANDALL J. BEEKLER, GERALD BEEKLER and MARYLOU BEEKLER, Defendants V. R. H. CORNMAN, Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTONOTARY: Kindly mark the above-captioned matter as settled, discontinued and ended with prejudice. Respectfully submitted, Handler, Henning & Rosenberg, LLP By: Matthew S. Crosby, Esquire Attorneys for Plaintiff ern t. sx=