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HomeMy WebLinkAbout07-5758 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI Defendants. b1- 5758 Civil Term JURY TRIAL - DEMANDED PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case. Writ of Summons shall be issued and forwarded to Attorney/Sheriff. Shawn P. McLaughlin, Esquire Sup. Crt. I.D. No. 62737 145 East Market Street York, PA 17401 Telephone No. 717-843-8046 Dated: " ' Attorney for Plaintiff r?i rV 7 1 .. 09 1 Ill ('`.) p O U - W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WRIT OF SUMMONS - CIVIL ACTION TO THE SHERIFF OF CUMBERLAND COUNTY: MAKIAH FACKLER NO. j)'l- 575$ Civt I lerrn 1431 Mt. Gretna Road Elizabethtown, PA 17022 . Plaintiffs, V. JAMES THOMPSON 304 N. Fayette Street, Apt. 103 Shippensburg, PA 17257 ROGER LEACH 15 Ironside Drive Elizabethtown, PA 17022 . HAROLD WAMSLEY 1519 N. Front Street, Apt. 6-A Harrisburg, PA 17102 . SALGALS, INC. t/d/b/a AMERCIAN TAXI 1900 Crooked Hill Road Harrisburg, PA 17106 JURY TRIAL - DEMANDED Defendants. TO: JAMES THOMPSON, 304 n. Fayette Street, Apt. 103, Shippensburg, PA ROGER LEACH, 15 Ironside Drive, Elizabethtown, PA HAROLD WAMSLEY,1519 N. Front Street, Apt. 6-A, Harrisburg, PA SALGALS, INC. t/d/b/a AMERICAN TAXI, 1900 Crooked Hill Road, Harrisburg, PA You are hereby notified that MAKIAH FACKLER, Plaintiff, has commenced an action against you. Dated: /o oa o7 By: /s/ "- I Menges, McLaughlin, Cunningham & Kalasnik, P.C. By: Shawn P. McLaughlin, Esq., I.D. # 62737 Attorney for Plaintiff y ? ? t t t f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please re-issue the Writ of Summons in the above-captioned case. Respectfully submitted, Date: November 7, 2007 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 p ? jC 4 ? Q Ln r i 7+ s -¦• Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorney for Defendants Thompson and Leact MAKIAH FACKLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW JAMES THOMPSON, ROGER LEACH NO. 07-5758 CIVIL TERM HAROLD WAMSLEY and SALGALS, INC., t/d/b/a AMERICAN TAXI, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendants, James Thompson and Roger Leach, in the above-captioned matter. JOUKON, DUFFIE, STEWART & WEIDNER ffe(ton J. Shipman, Esquire "r1j #: 51785 O. Box 109 Lemoyne, PA 17043 Attorney for Defendants Thompson & Leach t- -% CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on l? ?7 Shawn P. McLaughlin, Esquire Menges, McLaughlin, Cunningham & Kalasaik P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff: Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA Salgals, Inc. t/d/b/a American Taxi 1900 Crooked Hill Road Harrisburg, PA 317140 JOFjA1'3qN, DUFFIE, STEWART & WEIDNER Jeff son J. Shipman, Esquird I.D. : 51785 P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendants Thompson & Leach t? ry r >r, ? y -J -5 , 7 ? f ^ Co Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I . D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com MAKIAH FACKLER, Plaintiff V. Attorney for Defendants Thompson and Leact IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES THOMPSON, ROGER LEACH NO. 07-5758 CIVIL TERM HAROLD WAMSLEY and SALGALS, INC., t/d/b/a AMERICAN TAXI, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer judgment of non pros. C J N N, DUFFIE, STEW RT & WEIDNER 10 4 Shipman, Esquir DATE: Jeff rs Att neys for Defendants Thompson & Leach RULE TO: Shawn P. McLaughlin, Esquire, Menges, McLaughlin, Cunningham & Kalasaik, P.C., 145 East Market Street, York, PA 17401, Attorneys for Plaintiff: And now, this day of Uhl - , 2007, you are hereby notified to file a Complaint within twenty (20) days of service in the above-captioned matter or a default judgment will be entered against you. _ u is Long, Prothonot 8K4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on #Laj?v Shawn P. McLaughlin, Esquire Menges, McLaughlin, Cunningham & Kalasaik P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff: Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA Salgals, Inc. t/d/b/a American Taxi 1900 Crooked Hill Road Harrisburg, PA JOH N, DUFFIE, STEWART & WEIDNER I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendants Thompson & Leach 317140 C"7 cn CZ) i tt Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please re-issue the Writ of Summons in the above-captioned case. Respectfully submitted, Date: December 4, 2007 Shawn I'. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 (? ? rv " " ftj t P t 7 ? - y JS :3 O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, : INC. t/d/b/a AMERICAN TAXI, Defendants. JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing 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 to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 Tel. No, (717) 249-3166 800-990-9108 NOTICIA Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands 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 suya. Se ha aviasado que si usted no se defienda, 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 PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LAT OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 Tel. No. (717) 249-3166 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Makiah Fackler, is an adult individual and resides at 1431 Mt. Gretna Road, Elizabethtown, Lancaster County, Pennsylvania 17022. 2. Defendant, James Thompson, is an adult individual with a last known residential address of 304 N. Fayette Street, Apartment 103, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendant, Roger Leach, is an adult individual and resides at 15 Ironstone Drive, Elizabethtown, Lancaster County, Pennsylvania 17022. 4. Defendant, Harold Wamsley, is an adult individual with a last known residential address of 1519 N. Front Street, Apartment 6-A, Harrisburg, Dauphin County, Pennsylvania 17102. 5. Defendant, Salgals, Inc. t/d/b/a American Taxi, is a corporation authorized to do business in the State of Pennsylvania with a business address of 1900 Crooked Hill Road, Harrisburg, Dauphin County, Pennsylvania 17102. 6. At all relevant times, Plaintiff were covered by full tort or limited tort but has suffered serious injuries and/or meet one of the exceptions of the MVFRL. 7. On or October 8, 2005, Defendant, Roger Leach was the owner of an automobile believed to be a 2000 KIA Sportage and with a Vehicle Identification Number of KNDJA7236Y5657756 which was involved in the collision described herein. 8. On or about October 8, 2005, Defendant, James Thompson, was the operator of Defendant, Roger Leach's 2000 KIA Sportage. At the same time and place, Plaintiff, Makiah Fackler, was a passenger in the 2000 KIA Sportage. 9. At the same time and place, Defendant, Salgals, Inc. t/d/b/a American Taxi, was the owner of an automobile believed to be a 2001 Ford Crown Victoria and with a Vehicle Identification Number of 2FAFP71 WX1X186818. This vehicle was involved in the collision described herein. 10. On or about October 8, 2005, Defendant, Harold Wamsley, was the operator of Defendant, Salgals, Inc.'s vehicle believed to be the 2001 Ford Crown Victoria and which was involved in the collision described herein. 11. On October 8, 2005, at approximately 11:15 p.m., Defendant, James Thompson, was operating the 2000 KIA Sportage in an northerly direction on Interstate 81 at or near mile marker 54.6, Silver Springs Township, Cumberland County, Pennsylvania. 12. At the same time, the Defendant, Harold Wamsley, was operating the aforesaid 2001 Ford automobile in a northerly direction on Interstate 81 at or near mile marker 54.6, Silver Springs Township, Cumberland County, Pennsylvania. 13. At the time and date indicated above, Defendant, James Thompson was operating the 2000 KIA Sportage pursuant to the request and with the knowledge and aprproval, and on the business of the Defendant, Roger Leach, such that Defendant, Roger Leach, is liable for the negligent conduct of the Defendant, James Thompson, under the laws of agency. 14. At the time and date indicated above, Defendant, Harold Wamsley was operating the 2001 Ford Crown Victoria pursuant to the request, with the knowledge and approval, and on the business of the Defendant, Salgals, Inc. t/d/b/a American Taxi, such that Defendant, Salgals, Inc. t/d/b/a American Taxi, is liable for the negligent conduct of the Defendant, Harold Wamsley, under the laws of agency. 15. At the time and date indicated above, the Defendants, operated the vehicles, the 2000 KIA Sportage and the 2001 Ford Crown Victoria, in such manner as to cause a collision to occur, one vehicle into the other, thereby causing the injuries sustained by the Plaintiff. 16. The collision was directly and proximately caused by the negligence and carelessness of the Defendants, which consisted, among other things, of the following; a. operating their motor vehicles in a careless, reckless, and negligent manner; b. operating a motor vehicles at a high and excessive rate of speed under the circumstances and existing conditions; C. failing to keep a proper lookout; d. operating the motor vehicles without due regard to the rights, safety, and position of the Plaintiff, e. failing to have the motor vehicles under the proper control so as to prevent the vehicles from colliding; f. failing to use due care under the circumstances; g. failing to yield the right-of-way; h. failing to take evasive action in order to avoid impact; i. failing to apply the brakes in sufficient time to avoid impact; j. operating a motor vehicle in disregard of the rules of the road, the ordinances of Silver Springs Township and the laws of the Commonwealth of Pennsylvania, including but not limited to the Motor Vehicle Code 75 Pa. Cons. Stat. § 3311 which conduct constitutes negligence as a matter of law; and k. such other acts of negligence, carelessness and recklessness as may be determined through the process of discovery and/or at trial. COUNT I NEGLIGENCE 17. Plaintiff, Makiah Fackler, incorporate all allegations and facts set forth in this pleading as if set forth hereinafter at length. 18. As a direct and proximate result of the collision and Defendants' negligent and reckless conduct, Plaintiff, Makiah Fackler, sustained severe injuries to, inter alia, a C2-3 fractures and a L4-5 transverse process fracture (left). Some or all of the foregoing injures may be permanent. 19. The injuries sustained by Plaintiff set forth herein are serious injuries which resulted in a serious impairment of certain bodily functions. 20. As a direct and proximate result of the collision and Defendants' negligent and reckless conduct, Plaintiff has suffered, and will continue to suffer in the future, great pain, agony, and inconvenience. 21. As a direct and proximate result of the collision and Defendants' negligent and reckless conduct, Plaintiff, was unable to continue working fulltime. 22. As a direct and proximate result of the collision and Defendants' negligent and reckless conduct, Plaintiff, has sustained serious and permanent injuries and treatment for which she has incurred medical bills and expenses currently in excess of $29,229.09. 23. As a direct and proximate result of the collision and Defendants' negligent and reckless conduct, Plaintiff has suffered an interruption of her daily habits and pursuits to her great and permanent detriment and loss. 24. As a direct and proximate result of the collision and Defendants' negligent and reckless conduct, Plaintiff has incurred and, in the future will incur expenses for medical treatment in an amount not yet ascertained. 25. Plaintiff has made demand for compensation of the aforesaid injuries and losses, which Defendants have failed and refused and still refuses to pay. WHEREFORE, Plaintiff, Makiah Fackler, demands judgment against Defendants in an amount in excess of the amount required for reference to arbitration in Cumberland County, Pennsylvania, exclusive of interest and costs. Shawn P. McLaughlin, Esquire MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. 145 East Market Street York, PA 17401 Telephone No. 717-843-8046 Attorney for Plaintiffs VERIFICATION I, Makiah Fackler, verify that the statements made in the foregoing Complaint 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. Sec. 4904 relating to unsworn falsification to authorities. Maki Fackler Dated: l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, , v. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michelle A. Orchard, Paralegal to Shawn P. McLaughlin, Esquire, do hereby certify that on this A! day of December, 2007, a true and correct copy of the foregoing Complaint was served upon the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendants, James Thompson and Roger Leach Salgals, Inc. t/d/b/a American Taxi 1900 Crooked Hill Road Harrisburg, PA MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. Dated: ?a l8 O71 4Ge <;-- -C q2 Mi elle A. Orchard 145 East Market Street York, PA 17401 Telephone No. (717) 843-8046 o C3 Y m C-1 ? a y r t i 1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05758 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FACKLER MAKIAH VS THOMPSON JAMES ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT THOMPSON JAMES but was unable to locate Him in his bailiwick. T.TDT'T r)V CTTMMnTTC He therefore returns the the within named DEFENDANT , THOMPSON JAMES 304 N FAYETTE STREET APT 103 NOT FOUND , as to SHIPPENSBURG, PA 17257 PER RENTAL OFFICE, DEFENDANT MOVED TO MT JOY Sheriff's Costs: Docketing Service Not Found Surcharge lflbad(o So answers* 18.00 20.16 5.00 R. Tho as Kline 10.00 Sheriff of Cumberland County .00 53.16 MENGES MCLAUGHLIN CUNNINGHAM 11/08/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FACKLER MAKIAH VS THOMPSON JAMES 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 LEACH ROGER to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 8th , 2007 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answers Docketing 6.00 j : --' Out of County 9.00'. Surcharge 10.00 R. Thomas Kline 30.50 Sheriff of Cumberland County 1.91 57.41 ? 1i??q/oZ. 11/08/2007 MENGES MCLAUGHLIN CUNNINGHAM Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FACKLER MAKIAH VS THOMPSON JAMES 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: WAMSLEY HAROLD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 8th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answe :-- Docketing 6.00 Out of County 9.00 -? Surcharge 10.00 R. Thomas Kline Dep Dauphin County 35.25 Sheriff of Cumberland County .00 6 0 . 2 5 ? l! Jo4?o 11/08/2007 MENGES MCLAUGHLIN CUNNINGHAM Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05758 P COMMONWEALTH OF PENNSYLVANIA: • COUNTY OF CUMBERLAND FACKLER MAKIAH VS THOMPSON JAMES 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 SALGALS INC TDBA AMERICAN TAXI to wit: but was unable to locate Them deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On November 8th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 6.00 Out of County .00 --sL Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County 00 16.00 i/ I i? 641o Z 11/08/2007 MENGES MCLAUGHLIN CUNNINGHAM Sworn and subscribe to before me this day of A. D. SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1 PLAINTIFF/S/ 2 COURT NUMBER Makiah Fackler 07-5758 civil 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT James Thompson et al Writ of Summons SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED 0 Roger Leach 6 ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 15:9tonJrb ifa t)rive Elizabethtown, PA 17022 7. INDICATE UNUSUAL SERVICE: ? DEPUTIZE ? OTHER Cumberland Now-October-4- ow, October 4 20 07 I, SHERIFF OF COUNTY, PA., do hereby d ,putize the Sheri f f r.anr-ac,+a„r County to execute this Writ rn the?gof a to law. This deputation being made at the request and risk of the plaintiff. sue-; SHERIFF QF COUN 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland Please mail return of service to Ctmiberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly 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 sheriff's sale thereof. 8.j#**"UPE (Meff9"grMjtqerO?I,5II?ATOR 10. TELEPHONE NUMBER 11. DATE snHWLV F. CICLAUGKLIN, E501 '76@7 ? 717-843-8046 10/2/07 _ 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) ftENGES; McLAUGHLIN, CUNNINGHAM & KALASNIK P.C. 211 KENNEDY COURT, SUITE 8 HANOVER, PA. 17331 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date or complaintasindicated above. JACKIE MICCICHE 717-390-2309 10/9/07 I 11/1/07 16. 1, hereby CERTIFY and RETURN that I Kve personally served, ? have legal evidence of service as shown in "Remarks", El 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. 3 H [p n r ay n M 17 ? 1 hereby certify and return a NOT FOUND because 1 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. ?NoService See Remarks Below (No. 30) 20 Address of where served (complete only if different than shown above) (Street orRFD, Apartment No, City, Boro. Twp 21 Date of Service 22 Time State and Zip Code) .?© iI/: ??-rlc? off , ,?A????.r T-E.P, ,??9 i 7,6 0 2 ??/ zS 23. ATTEMPTS Date Miles Dep. Int. Datg? Miles Dep. Int. Date Miles 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 R 150.00 30.50 ?(-e L 30. REMARKS: elIZIP C2 Th?Gt,C .r'E ?'aa2 of v CL 31. AFFIRMED and subscribed to before me this a f1/ 32. S? natur f 33 Date 34. day of 20 Dep Sheri 3 natur o Sheriff 36 D to 37 ( • l t::V. Prothonotary/Deputy/Notary Public Iii IQ _j %wuur?a MY COMMISSION EXPIRES " POW 1 . WHITE - Issuing AuYwrRya„g,,. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Offic M In The Court of Common Pleas of Cumberland County, Pennsylvania- Makiah Fackler . vs. James Thompson et al SERVE: Harold Wamsley No. 07-5758 civil Now, October 4, 2007 , I, 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, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sworn and subscribed before me this day of , 20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the Office of t4e ?4-erfff 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 County of Dauphin FACKLER MAKIAH SALGALS INC Sheriff's Return vs No. 1426-T - - -2007 OTHER COUNTY NO. 07-5758 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for WAMSLEY HAROLD the DEFENDANT named in the within WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 16, 2007 PER CAROL MCLAIN, RES FOR 2 YEARS, DOES NOT KNOW DEF Sworn and subscribed to before me this 18TH day of OCTOBER, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 So Answers, ? k e,?? Sheriff of Dauphin County, Pa. By Dep ty Sheriff Sheriff's Costs:$35.25 PAID BY COUNTY MILLER In- The Court of Common Pleas of Cumberland County, Pennsylvania Makiah Fackler VS. James Thompson et al No, 07-5758 civil SERVE: Salgals Inc t/d/b/a American Taxi Now, octc>ber 4., 2007 , I, 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 within upon at o'clock M. served the by handing to a and made known to Sworn and subscribed before me this day of , 20 copy of the original So answers, the contents thereof. Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT 0 • 1(?ffi?e Of ?priff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff FACKLER MAKIAH • SALGALS INC Sheriff's Return vs No. 1426-T - - -2007 OTHER COUNTY NO. 07-5758 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:October 11, 2007 at 9:13AMserved the within WRIT OF SUMMONS SALGALS INC T/D/B/A AMERICAN TAXI to DANNY KAZULOVIC MANAGER 0 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 1900 CROOKED HILL ROAD HARRISBURG, PA 00000-0000 Sworn and subscribed to before me this 18TH day of OCTOBER, 2007 11 A----I NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 upon by personally handing So Answers, Sheriff of Dauphin County, Pa. By D uty Sheriff Sheriff's Costs:$35.25 PAID BY COUNTY SNYDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WRIT OF SUMMONS - CIVIL ACTION TO THE SHERIFF OF CUMBERLAND COUNTY: MAKIAH FACKLER 1431 Mt. Gretna Road Elizabethtown, PA 17022 Plaintiffs, V. NO. 67- 5758 iv i L Ierm. JAMES THOMPSON 304 N. Fayette Street, Apt. 103 Shippensburg, PA 17257 ROGER LEACH 15 Ironside Drive Elizabethtown, PA 17022 HAROLD WAMSLEY 1519 N. Front Street, Apt. 6-A Harrisburg, PA 17102 SALGALS, INC. t/d/b/a AMERCIAN TAXI 1900 Crooked Hill Road Harrisburg, PA 17106 Defendants. JURY TRIAL - DEMANDED TO: JAMES THOMPSON, 304 n. Fayette Street, Apt. 103, Shippensburg, PA ROGER LEACH, 15 Ironside Drive, Elizabethtown, PA HAROLD WAMSLEY,1519 N. Front Street, Apt. 6-A, Harrisburg, PA SALGALS, INC. t/d/b/a AMERICAN TAXI, 1900 Crooked Hill Road, Harrisburg, PA You are hereby notified that MAKIAH FACKLER, Plaintiff, has commenced an action against you. Dated: to od By: do' Menges, McLaughlin, Cunningham & Kalasnik, P.C. By: Shawn P. McLaughlin, Esq., I.D. # 62737 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please re-issue the Writ of Summons in the above-captioned case. Respectfully submitted, Date: January 2, 2008 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 71 co SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FACKLER MAKIAH VS THOMPSON JAMES 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 WAMSLEY HAROLD , to wit: but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On January 4th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 18.00 -] - =a Out of County 9.00 Surcharge 10.00 R. homas Kline Dep Dauphin County 35.25 Sheriff of Cumberlan County Postage 1.16 73.41 '? //ljoJbF 01/04/2008 MENGES MCLAUGHLIN CUNNINGHAM Sworn and subscribe to before me this day of A. D. In The Court of Common Fleas of Cumberland County, Pennsylvania Makiah Fackler vs. James Thompson et al SERVE: Harold Wamsley No. 07-5758 civil Now, December 20, 2007 I, 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. Now, within upon at by handing to a 20 , at o'clock M. served the copy of the original and made known to Sworn and subscribed before me this day of , 20 Sheriff of Cumberland County, PA Affidavit of Service the contents thereof . So answers, a x ZTf r ,?7c?.. C': ra Sheriff of Muntj COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Depu William T. Tully Solicitor itt Elf t Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MAKIAH FAKLER VS HAROLD WAMSLEY Sheriff s Return No. 2007-T-1790 OTHER COUNTY NO. 07-5758 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for HAROLD WAMSLEY the DEFENDANT named in the within WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, DECEMBER 27, 2007. PER RESIDENT, DOES NOT KNOW DEF. DOESN'T LIVE AT ADDRESS. Sworn and subscribed to before me this 28TH day of December, 2007 A2? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County Is MCommission Expires Set 1, 2010 So Answers, k? Sherif a , Pa. By Deputy Sheriff Deputy: G MILLER Sheriffs Costs: $35.25 12/24/2007 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com MAKIAH FACKLER, Attorney for Defendants Thompson and Leach IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW JAMES THOMPSON, ROGER LEACH, NO. 07-5758 CIVIL TERM HAROLD WAMSLEY and SALGALS, INC, t/d/b/a AMERICAN TAXI, Defendants JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Shawn P. McLaughlin, Esquire Menges, McLaughlin Cunningham Kalaskik, P.C. 145 East Market Street York, PA 1'7401 Attorneys for Plaintiff and Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA 17102 and Salgals, Inc., t/b/d/a American Taxi 1900 Crooked Hill Road Harrisburg, PA 17106 You are hereby notified to plead to the enclosed New Matter and Cross Claim within twenty (20) days from the date of service. JO ON, DUFFIE, ST WART & WEIDNER lk'ffirson- J. Shipman, Esquire D. #: 51785 P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: 717-761-4540 DATE: 1(?? f d Y Attorneys for Defendants, Thompson/Leach Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com MAKIAH FACKLER, V. Plaintiff JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC, t/d/b/a AMERICAN TAXI, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5758 CIVIL TERM JURY TRIAL DEMANDED ANSWER, NEW MATTER AND CROSS CLAIM OF DEFENDANTS, JAMES THOMPSON AND ROGER LEACH. TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, James Thompson and Roger Leach, by and through their counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and file the following Answer, New Matter and Cross Claim, in response to Plaintiff's Complaint: 1. Admitted. 2. Admitted, except as to the address. 3. Admitted. 4. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 4 and the same are therefore denied. 5. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 5 and the same are therefore denied. 6. Denied. The averments contained in Paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. The averments contained in Paragraph 13 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 14. Admitted. 15. Denied. The averments contained in Paragraph 15 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 16. Denied. The averments contained in Paragraph 16, and subparagraphs a. through k., are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied as to the answering Defendants. a. Subparagraph a. has been stricken and deleted from the Complaint by Stipulation of Counsel; b. Denied. It is specifically denied that the answering Defendants operated a motor vehicle at a high and excessive rate of speed under the circumstances and existing conditions; C. Denied. It is specifically denied that the answering Defendants failed to keep a proper lookout; d. Denied. It is specifically denied that the answering Defendants operated the motor vehicle without due regard to the rights, safety and position of the Plaintiff; e. Denied. It is specifically denied that the answering Defendants failed to have the motor vehicle under proper control so as to prevent a collision; f. Subparagraph f. has been stricken and deleted from the Complaint by Stipulation of Counsel; g. Denied. It is specifically denied that the answering Defendants failed to yield the right-of-way; h. Denied. It is specifically denied that the answering Defendants failed to take evasive action in order to avoid impact; i. Denied. It is specifically denied that the answering Defendants failed to apply the brakes in sufficient time to avoid the impact; j. Denied. It is specifically denied that the answering Defendants operated a motor vehicle in disregard of the rules of the road; and k. Subparagraph k. has been stricken and deleted from the Complaint by Stipulation of Counsel. COUNTI NEGLIGENCE 17. The answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 16 above as though fully set forth herein at length. 18. Denied. The averments contained in Paragraph 18 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 18 and the same are therefore denied and strict proof demanded at the time of trial. 19. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 19 and the same are therefore denied and strict proof demanded at the time of trial. averments contained in Paragraph 19 and the same are therefore denied and strict proof demanded at the time of trial. 20. Denied. The averments contained in Paragraph 20 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 20 and the same are therefore denied and strict proof demanded at the time of trial. 21. Denied. The averments contained in Paragraph 21 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 201 and the same are therefore denied and strict proof demanded at the time of trial. 22. The averments contained in Paragraph 22 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 22 and the same are therefore denied and strict proof demanded at the time of trial. 23. The averments contained in Paragraph 23 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 23 and the same are therefore denied and strict proof demanded at the time of trial. 24. The averments contained in Paragraph 24 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 24 and the same are therefore denied and strict proof demanded at the time of trial. 25. The averments contained in Paragraph 25 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 25 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendants, James Thompson and Roger Leach respectfully requests that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 16. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 17. That the Plaintiff's alleged cause of action may be barred by the Limited Tort Option. 18. That if it should be found that there was any negligence on the part of the answering Defendants, which is denied, then in that event any such negligence was not a proximate cause, nor factual cause, of any harm to the Plaintiff. 19. That the Plaintiff's alleged cause of action may have been caused by third parties or entities not presently involved in this action. 20. That the Plaintiff has failed to state a cause of action upon which relief may be granted. 21. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 22. That the Plaintiffs contributory negligence was a factual cause of the Plaintiff's harm. 23. That the Plaintiff has failed to properly serve the Defendants. 24. That if it should be found that there was any negligence on the part of the answering Defendants, which is denied, then in that event any such negligence was not a factual cause of the Plaintiffs harm. WHEREFORE, the Defendants, James Thompson and Roger Leach, respectfully requests that judgment be entered in their favor and that any and all claims being asserted against them be dismissed with prejudice. CROSS-CLAIM PURSUANT TO PA. R.C.P. 2252(d) JAMES THOMPSON AND ROGER LEACH v. HAROLD WAMSLEY AND SALGALS, INC., Vd/b/a AMERICAN TAXI 25. Defendants, James Thompson and Roger Leach incorporate herein by reference their answers to Paragraphs 1 through 24 above as though fully set forth herein at length. 26. That if the Plaintiff suffered the injuries and damages as alleged in her Complaint and those injuries and damages being specifically denied as having any causal relationship whatsoever to the answering Defendants, then in that event those injuries and damages were caused solely by the negligence and carelessness of Defendants, Harold Wamsley and Salgals, Inc., t/d/b/a American Taxi. 27. That in the event the Defendants, James Thompson and Roger Leach, are found to be liable on Plaintiffs alleged cause of action, which is expressly denied, then in that event, the Defendants Harold Wamsley and Salgals, Inc., t/d/b/a American Taxi, must be found liable over to Defendants, James Thompson and Roger Leach, or jointly and severally liable with Defendants James Thompson and Roger Leach for contribution and/or indemnity.. WHEREFORE, the Defendants, James Thompson and Roger Leach, demand that Defendants Harold Wamsley and Salgals, Inc., t/d/b/a American Taxi. be held solely liable to the Plaintiff or, that in the event James Thompson and Roger Leach are found to be liable on Plaintiffs alleged cause of action, which is specifically denied, then in that event, Defendants, Harold Wamsley and Salgals, Inc., t/d/b/a American Taxi are liable over to James Thompson and Roger Leach, or jointly and/or severally liable for contribution and/or indemnity. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER 4rn on J. Sh ipman, Esq ire ys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE: Attorneys for Defendants Thompson/Leach l /? Q 310239 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on -1117 /0 O : Shawn P. McLaughlin, Esquire Menges, McLaughlin Cunningham Kalaskik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA 17102 Salgals, Inc., t/b/d/a American Taxi 1900 Crooked Hill Road Harrisburg, PA 17106 JOHNSON, DUFFIE, STEWART & WEIDNER B 44JeA on J.Shipman, Esqui e : 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Thompson/Leach 319658 VERIFICATION I, Roger Leach, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. ger Leach DATE: 319691 VERIFICATION I, James Thompson, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. DATE: ?ly X00$ 319690 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on I ( Z,7 I Lo i Shawn P. McLaughlin, Esquire Menges, McLaughlin Cunningham Kalasaik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA 17102 Salgals, Inc., t/b/d/a American Taxi 1900 Crooked Hill Road Harrisburg, PA 17106 JOHNSON, DUFFIE, STEWART & WEIDNER JeJF??Sr?J. ShipmalS, Esquire 1.01 : 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Thompson/Leach °'-? 7 ' . C .o.i- =ry .- .- -_.. i.,- Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendants Thompson/Veach MAKIAH FACKLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW JAMES THOMPSON, ROGER LEACH, NO. 07-5758 CIVIL TERM HAROLD WAMSLEY and SALGALS, INC, t/d/b/a AMERICAN TAXI, Defendants JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed, by and between Shawn P. McLaughlin, Esquire, counsel for Plaintiff. and Jefferson J. Shipman, Esquire, counsel for Defendants, Thompson and Veach, that Subparagraphs a. f. and k. of Paragraph 16 only are hereby stricken and deleted from the Complaint. Menges, McLaughlin, Cunningham & Kalasaik, P.C. By Shawn P. McLaughlin, Esquire 145 East Market Street York, PA 17401 DATE: Attorneys for Plaintiff JQ N ON, DUFFIE, STEWART & W IDNER Je er on J. Shipman, Esquire A orneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATE: ??(?l? e-mail: jjs@jdsw.com Attorneys for Defendants Thompson/Veach 319694 CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: January 16, 2008 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 r-? .?. ? . ? '?` Q ?`_ ~??`.? x Q ?? {?\i (W?\ U1 ? ? ?? a ?; \J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. 07-5758- Civil Term Plaintiff, v. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, . Defendants. PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please re-issue the Writ of Summons in the above-captioned case. Respectfully submitted, Date: February 4, 2008 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 st, 8 -YF, ,. oo 'b r~ r'-, rn ti ? 4ft IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. JURY TRIAL DEMANDED PLAINTIFF'S PRELIMINARY OBJECTIONS TO NEW MATTER OF DEFENDANTS JAMES THOMPSON AND ROGER LEACH AND NOW, this 4-"'day of February 2008, comes the Plaintiff, Makiah Fackler, by and through her attorneys, Menges, McLaughlin, Cunningham and Kalasnik, P.C. and files the following Preliminary Objections to Defendants, James Thompson and Roger Leach's New Matter, as follows: PRELIMINARY OBJECTIONS/MOTION TO STRIKE The allegations contained in Paragraphs 16, 17, 18, 19, 20, 21, 22, 23 and 24 allege affirmative and other defenses to the claims asserted by the Plaintiff in her Complaint, but the allegations contained in these paragraphs assert no factual allegations which would support the defenses raised in these paragraphs on any basis. 2. Pa.RCP No 1019(a) specifically requires that the Defendant plead the specific and material facts upon which the defenses set forth in paragraphs 16, 17, 18, 19, 20, 21, 22, 23 and 24 are based. WHEREFORE, Plaintiff, Makiah Fackler, requests an Order of this Court dismissing and striking paragraphs 16, 17, 18, 19, 20, 21, 22, 23 and 24 from Defendants' New Matter. Respectfully submitted, MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. Dated: alb D? Shawn P. McLaughlin, Esquire Court ID No.: 62737 Attorney for Plaintiff 145 East Market Street York PA 17404 (717) 843-8046 Attorney for Plaintiff IN THE' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michelle A. Orchard, paralegal to Shawn P. McLaughlin, Esquire, of the law firm of MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. attorneys for the Plaintiff, do hereby certify that on this ?V?day of February, 2008, a true and correct copy of the forgoing Plaintiff's Preliminary Objections to New Matter of Defendants, James Thompson and Roger Leach was served upon the below named, by placing same in the United State Mail, first-class postage prepaid thereon, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-0109 Attorney for Defendants, James Thompson & Roger Leach Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA 17102 Salgals, Inc., t/d/b/a American Taxi 1900 Crooked Hill Road Harrisburg, PA 17106 MENGES, MCLAUGHLIN, CUNNINGHAM & KA ASNIK, P.C. ??/? Dated: Mic elle A. Orchard 145 East Market Street York PA 17404 (717) 843-8046 ra p F C W .- IV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: February 14, 2008 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 ?. m n? V ' 1_T 4t l ter. 41 1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) MAKIAH FACKLER vs. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI No. 07-5758 . Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Preliminary Objections to New Matter of Defendants, James Thompson and Roger Leach 2. Identify all counsel who will argue cases: (a) for plaintiffs: Shawn P. McLaughlin, Esquire, 145 East Market Street, York, PA 17401 (Name and Address) (b) for defendants: Jefferson J. Shipman, Esquire, 301 Market Street, Lemoyne, PA 17043 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: ?-51v( o ff MAKIAH FACKLER Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Shawn P. McLaughlin, Esquire Print your name IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE .. , I, Michelle A. Orchard, paralegal to Shawn P. McLaughlin, Esquire, of the law firm of MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. attorneys for the Plaintiff, do hereby certify that on this qt4day of March, 2008, a true and correct copy of the forgoing Praecipe for Listing Case for Argument was served upon the below named, by placing same in the United State Mail, first-class postage prepaid thereon, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-0109 Attorney for Defendants, James Thompson & Roger Leach Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA 17102 Salgals, Inc., t/d/b/a American Taxi 1900 Crooked Hill Road Harrisburg, PA 17106 MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. -)y da a. Dated: CL Mic elle A. Orchard 145 East Market Street York PA 17404 (717) 843-8046 a ? ?+a rt ,? r`- ?' ? .. Ctt ` ' ? q, C ? ?:: ?.;' .. ? 'r. ? t? ? ? ? ? ? • i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: March 13, 2008 Nha TP. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 C T S ^ E, ?T kZ 96 rnrn 8 __ t- O Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendants MAKiAH FACKLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMES THOMPSON, ROGER LEACH, NO. 07-5758 CIVIL TERM HAROLD WAMSLEY and SALGALS, INC, t/d/b/a AMERICAN TAXI, Defendants JURY TRIAL DEMANDED STIPULATION It is hereby agreed and stipulated that the parties in this matter have agreed to attempt to resolve Plaintiffs' Preliminary Objections to New Matter of Defendants, James Thompson and Roger Leach by allowing said Defendants an opportunity to amend their New Matter. The parties agree to refrain from pursing the Preliminary Objections before the Court while Counsel attempt to reach an agreement regarding the Amendment of the New Matter by Defendants Date: By: a ach. Kelly L. anno, Esquire Counsel fo Defendant Date: O? ` I U B rT Y- Shawn P. McLaughlin, Esquire Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March , 2008. Shawn P. McLaughlin, Esquire Menges, McLaughlin Cunningham Kalaskik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA 17102 Salgals, Inc., t/b/d/a American Taxi 1900 Crooked Hill Road Harrisburg, PA 17106 JOHNSON, DUFFIE, STEWART & WEIDNER By ib, 1?? Kelly L. o anno I.D.#:2 0 1 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Thompson/Leach 326754 r ;E { ., Johnson, Duffie, Stewart & Weidner By: Kelly L. Bonanno, Esquire I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC, t/d/b/a AMERICAN TAXI, Defendants Attorneys for Defendants CIVIL ACTION - LAW NO. 07-5758 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO REMOVE FROM ARGUMENT LIST To the Prothonotary: AND NOW, on this day of April, 2008, please remove the above-captioned matter from the Argument List, as it is presently scheduled for disposition of Preliminary Objections on April 16, 2008. The parties have reached an agreement to amend the Defendant's New Matter in lieu of an argument on the Preliminary Objections. A copy of the Stipulation between counsel to Amend the New Matter is attached hereto as Exhibit "A". Date: L1 3 b By: Kelly L. o anno, Esquire Counsel or Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on April _-S _ 2008. Shawn P. McLaughlin, Esquire Menges, McLaughlin Cunningham Kalaskik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER Kelly L. B n nno ?6 & I.D. #: 200 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Thompson/Leach 328671 ?.s x? +I \ cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, NO. 07-5758- Civil Term Defendants. JURY TRIAL DEMANDED PRAECIPE TO REMOVE FROM ARGUMENT LIST TO THE PROTHONOTARY: CUMBERLAND COUNTY Please remove the Plaintiffs Preliminary Objections to New Matter of Defendants, James Thompson and Roger Leach presently scheduled for Argument on April 16, 2008. MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. McLaughlin, Esquire Sup. Crt. I.D. 62737 145 East Market Street York, PA 17401 Telephone No. (717) 843-8046 Attorney for Plaintiff DATE: '? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michelle A. Orchard, paralegal to Shawn P. McLaughlin, Esquire, of the law firm of MENGE5, MCLAUGHLIN, CUNNIGHAM & KALASNIK, P.C. attorneys for the Plaintiff, do hereby certify that on this ? day of April 2008, a true and correct copy of the forgoing Praecipe to Remove from Argument List was served upon the below named, by placing same in the United State Mail, first-class postage prepaid thereon, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-0109 Attorney for Defendants, James Thompson & Roger Leach Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA 17102 Salgals, Inc., t/d/b/a American Taxi 1900 Crooked Hill Road Harrisburg, PA 17106 MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. '6 Dated: '4ti r Mi elle A. Orchard 145 East Market Street York PA 17404 (717) 843-8046 ?c1 G co r W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :IAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. ES THOMPSON, ROGER LEACH, : OLD WAMSLEY and SALGALS, t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: reinstate the Complaint in the above-captioned case. Respectfully submitted, April 11, 2008 Sha'vfft-?cLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 ? ? a ? ? ;? ??; (?,? ?' ?_ N C,ft -?.J ?'i ? ?? C ?1 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: May 9, 2008 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 ? O ? ? ? ??? r-? r-?? ?' ` ' ?? ? n? Q r ,`?? \ ?J - ?r,• ?? _ N ??C-,J? ? ? ??? ? ?p ?? ?'' C N .C" (v ?..J Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: jcunningham&cclawpc.com Attorneys for Defendant, Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley MAKIAH FACKLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY, and NO. 07-5758 CIVIL TERM SALGALS, INC. t/d/b/a AMERICAN TAXI, JURY TRIAL DEMANDED Defendants NEW MATTER AND CROSS CLAIM NOTICE TO: Makiah Fackler, Plaintiff c/o Shawn P. McLaughlin, Esquire Menges, McLaughlin, Cunningham, Kalaskik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff James Thompson and Roger Leach, Defendants c/o Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Thompson and Leach You are hereby notified to plead to the enclosed New Matter and Cross Claim within twenty (20) days from the date of service. COFF, P.C. Date: 51,01 It, r By: j6rdan D. Cunningham, Esquire PA Supreme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: jcunninghamgcclawpc.com Attorneys for Defendant, Salgals, Inc. t/dlb/a American Taxi and Harold Wamsley ii Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunningham&cclawpc.com Attorneys for Defendants, Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley MAKIAH FACKLER, Plaintiff V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY, and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5758 CIVIL TERM JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO COMPLAINT AND CROSS CLAIM AGAINST JAMES THOMPSON AND ROGER LEACH AND NOW, comes your Defendants, Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley, by and through their counsel, Cunningham & Chernicoff, P.C, who files this Answer with New Matter and Cross Claim and, in support thereof, avers the following: 1. The averments of Paragraph 1 are admitted. 2. The averments of Paragraph 2 are admitted as except to address. 3. The averments of Paragraph 3 are admitted. 4. The averments of Paragraph 4 are admitted. 1 The averments of Paragraph 5 are admitted. 6. The averments of Paragraph 6 are denied. Defendants Harold Wamsley (hereinafter referred to as "Wamsley") and Salgals, Inc. t/d/b/a American Taxi (hereinafter referred to as "Salgals") are without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof, if relevant, is demanded at the time of trial. 7. The averments of Paragraph 7 are denied. Defendants Wamsley and Salgals are without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof, if relevant, is demanded at the time of trial. 8. The averments of Paragraph 8 are admitted. 9. The averments of Paragraph 9 are admitted. 10. The averments of Paragraph 10 are admitted. 11. The averments of Paragraph 11 are admitted. 12. The averments of Paragraph 12 are admitted. 13. The averments of Paragraph 13 contain averments of law or fact to which a response is not required. If it is later judicially determined that a response should have been filed, the averments contained therein are specifically denied. 14. The averments of Paragraph 14, to the extent that Defendant Wamsley was operating a 2001 Ford Crown Victoria pursuant to the request, with the knowledge and approval and on the business of Defendant Salgals, is admitted. As to the balance of the averments, such averments represent a conclusion of fact or law to which a response is not required. 2 15. The averments of Paragraph 15 are denied. By way of further pleading, The averments of Paragraph 15 represent conclusions of law or fact to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. 16. The averments of Paragraph 16 and the averments contained in subparagraphs (a) through (k) are conclusions of law or fact to which a response is not required. a. The averments of Paragraph 16(a) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, operated his motor vehicle in a careless, reckless, or negligent manner; b. The averments of Paragraph 16(b) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, operated his motor vehicle at an excessive rate of speed under the circumstances and existing conditions; C. The averments of Paragraph 16(c) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, failed to keep a proper look out; d. The averments of Paragraph 16(d) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, operated his motor vehicle without due regard to the rights, safety, and position of the Plaintiff, 3 e. The averments of Paragraph 16(e) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, failed to have his motor vehicle under the proper control so as to prevent the vehicles from colliding; f. The averments of Paragraph 16(f) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, failed to use due care under the circumstances; g. The averments of Paragraph 16(g) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, failed to yield the right-of- way; h. The averments of Paragraph 16(h) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, failed to take evasive action in order to avoid impact; i. The averments of Paragraph 16(i) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, failed to apply the brakes of his vehicle in sufficient time to avoid impact; j. The averments of Paragraph 160) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, operated his motor vehicle in disregard of the rules of the road, the ordinances of Silver Spring Township, and the laws of the Commonwealth of Pennsylvania, including, but not limited to, Motor Vehicle Code 75 Pa. Cons. Stat. §3311; and 4 k. The averments of Paragraph 16(k) are denied. It is specifically denied that the answering Defendant, Harold Wamsley, committed such acts of negligence, carelessness, and reckless as may be determined through the process of discovery and/or trial. COUNT I - NEGLIGENCE 17. Defendants Salgals and Wamsley incorporate by reference the averments of Paragraphs 1 through 16 of the Answer as if more fully set forth herein. 18. The averments of Paragraph 18 are denied. The averments contained in Paragraph 18 are, in part, conclusions of law or fact to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. After reasonable investigation, the answering Defendants, Salgals and Wamsley, are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 18 and demand strict proof thereof, if relevant, at the time of trial. 19. The averments of Paragraph 19 are denied. After reasonable investigation, the answering Defendants, Salgals and Wamsley, are without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 19 and demand strict proof thereof, if relevant, at the time of trial. 20. The averments of Paragraph 20 are denied. The averments contained in Paragraph 20 are, in part, conclusions of law and fact to which no response is required. It if is later judicial determined that a response should have been filed, the averments are specifically denied. After reasonable investigation, the answering Defendants, Salgals and Wamsley, are without sufficient 5 knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 20 and demand strict proof thereof, if relevant, at the time of trial. 21. The averments of Paragraph 21 are denied. The averments contained in Paragraph 21 are, in part, conclusions of law and fact to which no response is required. It if is later judicial determined that a response should have been filed, the averments are specifically denied. After reasonable investigation, the answering Defendants, Salgals and Wamsley, are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 21 and demand strict proof thereof, if relevant, at the time of trial. 22. The averments of Paragraph 22 are denied. The averments contained in Paragraph 22 are, in part, conclusions of law and fact to which no response is required. It if is later judicial determined that a response should have been filed, the averments are specifically denied. After reasonable investigation, the answering Defendants, Salgals and Wamsley, are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 22 and demand strict proof thereof, if relevant, at the time of trial. 23. The averments of Paragraph 23 are denied. The averments contained in Paragraph 23 are, in part, conclusions of law and fact to which no response is required. It if is later judicial determined that a response should have been filed, the averments are specifically denied. After reasonable investigation, the answering Defendants, Salgals and Wamsley, are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 23 and demand strict proof thereof, if relevant, at the time of trial. 6 24. The averments of Paragraph 24 are denied. The averments contained in Paragraph 24 are, in part, conclusions of law and fact to which no response is required. It if is later judicial determined that a response should have been filed, the averments are specifically denied. After reasonable investigation, the answering Defendants, Salgals and Wamsley, are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 24 and demand strict proof thereof, if relevant, at the time of trial. 25. The averments of Paragraph 25 are denied. The averments contained in Paragraph 25 are, in part, conclusions of law and fact to which no response is required. It if is later judicial determined that a response should have been filed, the averments are specifically denied. After reasonable investigation, the answering Defendants, Salgals and Wamsley, are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 25 and demand strict proof thereof, if relevant, at the time of trial. WHEREFORE, the Defendants, Harold Wamsley and Salgals, Inc. t/d/b/a American Taxi, respectfully request that judgment be entered in favor of the answering Defendants, Salgals, Inc., t/d/b/a American Taxi, and Harold Wamsley, and against the Plaintiff and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 26. The Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 27. The Plaintiff's alleged cause of action may be barred by the limited tort option. 7 28. If is should be found that there was any negligence on the part of the answering Defendants, Salgals and Wamsley, which is denied, then in that event, any such negligence was not an proximate cause, nor factual cause, of any harm to the Plaintiff. 29. That the Plaintiff's alleged cause of action may have been caused by third parties or entities not presently involved in this action. 30. That the Plaintiff has failed to state a cause of action upon which relief may be granted. 31. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 32. That the Plaintiff's contributory negligence was the legal or factual cause of the Plaintiff's harm. 33. That the Plaintiff has failed to properly serve the answering Defendants, Wamsley and Salgals. 34. That the Plaintiff's alleged cause of action is barred by the applicable statute of limitations. 35. If it should be found that there was any negligence on the part of the answering Defendants, Salgals and Wamsely, which is denied, then in that event, any such negligence was not a factual or substantial factor of the Plaintiff's harm. 36. That the answering Defendants, Salgals and Wamsley, have been advised and therefore aver that the Defendant James Thompson, who was operating the motor vehicle, was doing so under the influence of alcohol and therefore impaired his ability to safely operate a motor vehicle. 8 37. Defendant James Thompson operated his motor vehicle in a careless, reckless, and negligent manner in that he entered into the lane of traffic in which answering Defendant, Harold Wamsley, was operating his motor vehicle in such a manner that it caused the collision between the vehicle Plaintiff was operating and the vehicle that answer Defendant, Harold Wamsley, was operating. 38. Defendants, Wamsley and Salgals, based upon information received, are of the opinion and therefore aver that the Plaintiff, Makiah Fackler, knowing or having reason to know that the Defendant James Thompson was operating his vehicle, in which she was a passenger, after he had consumed alcoholic beverages which impaired his ability to safely operate the motor vehicle. WHEREFORE, Defendants, Salgals, Inc., t/d/b/a American Taxi, and Harold Wamsley, demand judgment be entered in favor of Defendants Salgals and Wamsley, and against the Plaintiff and that any and all claims being asserted against them be dismissed with prejudice. CROSS CLAIM PURSUANT TO PA. R.C.P. NO.2252(d) HAROLD WAMSLEY AND SALGALS, INC. t/d/b/a AMERICAN TAXI v. JAMES THOMPSON AND ROGER LEACH 39. Defendants Wamsley and Salgals incorporate by reference their averments of Paragraphs 1 through 25 of the Answer and Paragraphs 26 through 38 of the New Matter as if more fully set forth herein. 9 40. That, in the event Plaintiff suffered the injuries and damages as alleged in her Complaint and those injuries and damages being specifically denied as having any causal relationship to the answering Defendants, Salgals and Wamsley, then in that event, those damages and injuries were caused solely by the negligence and carelessness of Defendants James Thompson and Roger Leach. 41. That in the event that Defendants, Wamsley and Salgals, are found liable on Plaintiff's alleged cause of action, which liability is expressly denied, then in that event, the Defendants James Thompson and Roger Leach must be found liable over to the Defendants Harold Wamsley and Salgals, Inc., or jointly and severable liable with the Defendants Harold Wamsley and Salgals, Inc. for contribution and/or indemnity. WHEREFORE, the Defendants, Salgals, Inc. t/d/b/a American Taxi, and Harold Wamsley, demand that Defendants James Thompson and Roger Leach be held solely liable to the Plaintiff or, that in the event that Harold Wamsley and Salgals, Inc. t/d/b/a American Taxi are found to be liable on Plaintiff's alleged cause of action, which liability is strictly denied, then in that event, Defendants James Thompson and Roger Leach are liable over to Defendants Wamsley and Salgals or jointly and severally liable for contribution and/or indemnity. CHERNICOFF, Date: S a/ q? By: yBan .'Cunningham, Esquire A Supreme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: jcunninghaingcclawpc.com Attorneys for Defendant, Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley F:\Home\AHEWITT\DOCS\Q-S\SALINGER\FACKLER\Answer w New Matter.wpd 10 VERIFICATION The undersigned, an officer of Salgals, Inc., verifies that the statements contained in the foregoing 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.A. §4904, relating to unsworn falsification to authorities. James 6?linger Dated: -5-' a /" b""' CERTIFICATE OF SERVICE I do hereby state that on tha day of May, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Makiah Fackler, Plaintiff c/o Shawn P. McLaughlin, Esquire Menges, McLaughlin, Cunningham, Kalaskik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff James Thompson and Roger Leach, Defendants c/o Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Thompson and Leach Legal Secretary of Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: jcunnin hamQcclawpc com Attorneys for Defendants, Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley MAKIAH FACKLER, Plaintiff V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY, and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5758 CIVIL TERM JURY TRIAL DEMANDED DEFENDANTS, HAROLD WAMSLEY AND SALGALS, INC. t/d/b/a AMERICAN TAXI, RESPONSE TO THE NEW MATTER AND CROSS CLAIM OF DEFENDANTS JAMES THOMPSON AND ROGER LEACH AND NOW, comes your Defendants, Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley, by and through their counsel, Cunningham & Chernicoff, P.C, who files this Response to the Cross Claim Pursuant to Pa. R.C.P. 2252(d) and, in response thereto, avers the following: 25. Defendants, Harold Wamsley and Salgals, Inc. t/d/b/a American Taxi, incorporate herein by reference their Answers to Paragraphs 1 through 25 of the Complaint and Paragraphs 26 through 41 of the New Matter as if more fully set forth herein. of 1 26. The averments of Paragraph 26 represent a conclusion of law to which a response is not required. If it is later judicially determined a response should have been filed, the averments are specifically denied. 27. The averments of Paragraph 27 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined a response should have been filed, the averments are specifically denied. WHEREFORE, Defendants Harold Wamsley and Salgals, Inc. t/d/b/a American Taxi, demand judgment in favor of Defendants Wamsley and Salgals, Inc. against the Defendants, James Thompson and Roger Leach, on the Cross Claim they have filed in this matter. U I CHERNICOFF, Date: .S'Q?i p f By: ordan . C , Esquire PA Supreme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunning-harn cclawpc com Attorneys for Defendant, Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley F:\HomeWHEWITT\DOCS\Q-S\SALINGER\FACKLER\RESPONSE TO COUNTERCLAIM OF OTHER DEFENDANT.wpd VERIFICATION The undersigned, an officer of Salgals, Inc., verifies that the statements contained in the foregoing 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.A. §4904, relating to unsworn falsification to authorities. J s alinger Dated: CERTIFICATE OF SERVICE I do hereby state that on the W day of May, 2008,1 served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Makiah Fackler, Plaintiff c/o Shawn P. McLaughlin, Esquire Menges, McLaughlin, Cunningham, Kalaskik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff James Thompson and Roger Leach, Defendants c/o Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Thompson and Leach Legal Secretary C) r.a - N !..?' tid r -% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS SALGALS INC. t/d/b/a AMERICAN TAXI AND HAROLD WAMSLEY q (h AND NOW, this ( day of May 2008, comes the Plaintiff, Makiah Fackler, by and through her attorneys, Menges, McLaughlin, Cunningham and Kalasnik, P.C. and files Reply to New Matter and, in so doing, incorporates herein by reference all paragraphs of the Complaint as if set forth more fully hereinafter at length. REPLY TO NEW MATTER 26.-35. No response required as these averments are conclusions of law. To the extent these averments are deemed to be factual, however, they are specifically denied and strict proof thereof is demanded at the time of trial. 36. Denied. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to what answering Defendants, Salgals and Wamsley were advised. Strict proof thereof is demanded at the time of trial to the extent relevant. 37. Admitted that the motor vehicles involved were operated in a careless, reckless, and negligent manner. The remaining averments are denied to the extent contrary to the averments stated in the Complaint. 38. This paragraph is an incomplete sentence and, therefore, Plaintiff denies same. Furthermore, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to what information Defendants, Salgals and Wamsley received. Strict proof thereof is demanded at the time of trial to the extent relevant. WHEREFORE, Plaintiff, Makiah Fackler, respectfully requests this Honorable Court to grant the relief requested in her Complaint. Respectfully submitted, MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. Dated: S Q X b Shawn P. McLaughlin, Esquire Court ID No.: 62737 Attorney for Plaintiff 145 East Market Street York PA 17404 (717) 843-8046 Attorney for Plaintiff •- . -* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michelle A. Orchard, paralegal to Shawn P. McLaughlin, Esquire, of the law firm of MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. attorneys for the Plaintiff, do hereby certify that on this rday of May, 2008, a true and correct copy of the forgoing Plaintiff's Reply to New Matter of Defendants, Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley was served upon the below named, by placing same in the United State Mail, first-class postage prepaid thereon, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-0109 Attorney for Defendants, James Thompson & Roger Leach Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Defendants, Salgals, Inc. & Harold Wamsley MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. Dated: o? cl 109 W 4z" b - b Michelle A. Orchard 145 East Market Street York PA 17404 (717) 843-8046 -17 \.? 7 cz 01 ?t Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendants MAKIAH FACKLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMES THOMPSON, ROGER LEACH, NO. 07-5758 CIVIL TERM HAROLD WAMSLEY and SALGALS, INC, t/d/b/a AMERICAN TAXI, Defendants JURY TRIAL DEMANDED ANSWER OF JAMES THOMPSON AND ROGER LEACH TO CROSS CLAIM OF DEFENDANTS SALGALS INC. t/d/b/a AMERICAN TAXI and HAROLD WAMSLEY AND NOW, come the Defendants, James Thompson and Roger Leach, by and through their counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and file the following Answer to Cross Claim of Defendants, Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley pursuant to Pa.R.C.P. 2252(d): 39. Defendants Thompson and Leach incorporate herein by reference their Answer with New Matter defenses as though fully set forth herein at length. f 40.-41. Denied. The averments contained in paragraphs 40 and 41 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained in paragraphs 40 and 41 of the Answer and New Matter of Harold Wamsley and Salgals, Inc. t/d/b/a American Tax are specifically denied. WHEREFORE, the Defendants James Thompson and Roger Leach respectfully request that judgment be entered in their favor and that any and all claims being asserted against them be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER B 4Je erson J. Shipm , Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Thompson/Leach Date: May 29, 2008 334011 VERIFICATION PURSUANT TO PA RCP NO 1024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for the parties filing the foregoing Answer to Cross Claim of Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 4for J. Shipman, squire Defendants Thompson/Leach Date: 334016 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 29, 2008: Shawn P. McLaughlin, Esquire Menges, McLaughlin Cunningham Kalaskik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Attorneys for Salgal's Inc. t/d/b/a American Taxi and Harold Wamsley JOHNSON, DUFFIE, STEWART & WEIDNER B• J erson J. Shipm , Esquire ttorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Thompson/Leach •. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. . PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: June 5, 2008 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 - Telephone No. (717) 843-8046 5S 4 ? 4 Q fit, C?Z V t? ?'r 2 cox. ? lzsm Z- cr? t,i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: July 3, 2008 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 G cam: c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER : NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, ; Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: July 29, 2008 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 11-z- It % SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FACKLER MAKIAH VS THOMPSON JAMES 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: THOMPSON JAMES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 6th , 2008 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answe Docketing 18.00 J Out of County 9.00 0% 60 lz-. Thomas ine Surcharge 10.00 %J Dep Lancaster Co 50.54 Sheriff of Cumberland County Postage 1.17 88.71 08/06/2008 MENGES MCLAUGHLIN CUNNINGHAM K Sworn and subscribe to before me this day of , A. D. S=v sa'' SHERIFF'S OFFICE SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 Makiah Fackler 3. DEFENDANT/S! James Thompson et al 2. COURT NUMBER 61 07-5758 civil p V_ 4. Notice IanacCCmplaintREINSTATED I SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED Jades Thompson 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 65 W. Donegal Street Mount Joy, PA 17552 7. INDICATE UNUSUAL SERVICE: DEPUTIZE ? OTHER Cunberl?W Now, u Y 20 , I, SHERIFF OF COUNTY, PA., do here de tize the Sherri o Lancaster County to execute this Writ rn th f a to law. This deputation being made at the request and risk of the plaintiff. sr+eaiFFOr courvrv 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland 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 such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherries sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE MICHELLEA. ORCHARD, ESQ. 717-843-8046 7/7/08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice Is to be mailed) MENGES MCLAUGHLIN, CUNNINGHAM & KALASNIK 145 EAST MARKET ST. SPAM BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE MOW TIM 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. TarKTF. MTrrTCHF.A17-3A(1-gAoq 7/12 9,/f1R R/H/OR 16. 1 hereby CERTIFY and RETURN that 10 have personally served, ve 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 _5L45An! 71#),vt,0svAJ . Momp7t, 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 PM '7-31-0g ESI 30 < 23. ATTEMPTS D to Miles Dep. Int. Date Mlles Dep. Int. Date Mlles Dep. Int. Date Mlles Dep. Int. Date Miles Dep. Int. X131 a I?` A 24. Advance Costs 100 00 25. Service Costs 36 50 26. Notary Cert. 27. Mil a e/ ostage/N.. 28. T2tal Qos , I y ? [ 29. COST E 0 F)EFUND . . S( J r 30. REMARKS: S.T.A. H En 30 H PL.EAW TYPE Ofd PMff LEGIBLY. M DO NOT DE T ACIR ANY . M COPIES cc, 1132532 191b r ?rrYr- 1 Ir Kw e ?iF.Pi NF ? 1 "? ?._ x.? AJ' s-?-= ? qn u ? ? S1uM ? ? -w.; nc KzWI' utx i ?,: app. tgvr}s x ?y??t}? 4 a' .ffi? ` fi?Rl 1?1FlYi Jbd?Yt^AF'- ?? ? ? ? ? `? t ry 4 °' *? ? h' df 1M• 9 nit uN } .IWtt' .r lRisf p 1 ?T+` ?... ?j.. 11- ? ?. ?,., ?.??,Imt) 0 r o}??N?"1??., ?.:?,.? ?J?' e F E I , E ? ? i ? ;_ :?? ...I W ?.?.. . I 'I J- t44t mat ? !'lr . M ??.?. 1??,.?1?wR Q x? ?, ?I ?.?? s?? ? i1?";?Y. •1R .., ? ' .,..._ ?? RRR . _,. . .... 1, ug N r?ll"?,,,.. . ?? ?f a'? iG ??.?tl .. ?M-. ?C? ?f ?i Ih ITf"? pR yp pp ? Y?3 Y ' •' ' ?xy ?• ? ? ?I ' S ? +? ?? k ? '. ? ? ? l y y'' .,??µr ?{¢ay j ? [ ? r J ??.. a x! .. ? '?K W ? l+i "?F'?'4?A"'T°?r?? ?? ?. ' i?? . ` ?I ? e r i, w FA' ? , p t ? ?. . r 1, ;'@i Y:f, ??j ..? r.. i. ... .. ... f? . '.,. ' ? .II ' ?? i kq i. a t ,?? ? ? . ,It ,? j ... ?. ' ?w'. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FACKLER MAKIAH VS THOMPSON JAMES 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: WAMSLEY HAROLD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within NOTICE AND COMPLAINT On August 13th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers* Docketing 18.00 Out of County 9.00 Surcharge 10.00 P10% R. Thomas Kline Dauphin County 41.25 I0o Sheriff of Cumberland County nn 08/13/2008 MENGES MCLAUGHLIN CUNNIN Sworn and subscribe to before me this day of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. , JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Date: August 26, 2008 Respectfully submitted, cLaughlm, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 Coe) s? LT O W ? ? 9 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. . JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Date: September 24, 2008 Respectfully submitted, Sha &aughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 cl) tri N cis --rt 7F -?c Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno, Esquire I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com Attorneys for Defendants MAKIAH FACKLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMES THOMPSON, ROGER LEACH, NO. 07-5758 CIVIL TERM HAROLD WAMSLEY and SALGALS, INC, t/d/b/a AMERICAN TAXI, Defendants JURY TRIAL DEMANDED AMENDED ANSWER, NEW MATTER AND CROSS CLAIM OF DEFENDANTS, JAMES THOMPSON AND ROGER LEACH TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, James Thompson and Roger Leach, by and through their counsel, Kelly L. Bonanno, Esquire and Johnson, Duffle, Stewart & Weidner, and file the following Answer, New Matter and Cross Claim, in response to Plaintiffs Complaint: 1. Admitted. 2. Admitted, except as to the address. 3. Admitted. 4. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 4 and the same are therefore denied. 5. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 5 and the same are therefore denied. 6. Denied. The averments contained in Paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. The averments contained in Paragraph 13 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 14. Admitted. 15. Denied. The averments contained in Paragraph 15 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 16. Denied. The averments contained in Paragraph 16, and subparagraphs a. through k., are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied as to the answering Defendants. a. Subparagraph a. has been stricken and deleted from the Complaint by Stipulation of Counsel; b. Denied. It is specifically denied that the answering Defendants operated a motor vehicle at a high and excessive rate of speed under the circumstances and existing conditions; C. Denied. It is specifically denied that the answering Defendants failed to keep a proper lookout; d. Denied. It is specifically denied that the answering Defendants operated the motor vehicle without due regard to the rights, safety and position of the Plaintiff; e. Denied. It is specifically denied that the answering Defendants failed to have the motor vehicle under proper control so as to prevent a collision; f. Subparagraph f. has been stricken and deleted from the Complaint by Stipulation of Counsel; g. Denied. It is specifically denied that the answering Defendants failed to yield the right-of-way; h. Denied. It is specifically denied that the answering Defendants failed to take evasive action in order to avoid impact; i. Denied. It is specifically denied that the answering Defendants failed to apply the brakes in sufficient time to avoid the impact; j. Denied. It is specifically denied that the answering Defendants operated a motor vehicle in disregard of the rules of the road; and k. Subparagraph k. has been stricken and deleted from the Complaint by Stipulation of Counsel. COUNTI NEGLIGENCE 17. The answering Defendants incorporate herein by reference their answers to Paragraphs 1 through 16 above as though fully set forth herein at length. 18. Denied. The averments contained in Paragraph 18 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 18 and the same are therefore denied and strict proof demanded at the time of trial. 19. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 19 and the same are therefore denied and strict proof demanded at the time of trial. 20. Denied. The averments contained in Paragraph 20 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 20 and the same are therefore denied and strict proof demanded at the time of trial. 21. Denied. The averments contained in Paragraph 21 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 201 and the same are therefore denied and strict proof demanded at the time of trial. 22. The averments contained in Paragraph 22 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 22 and the same are .therefore denied and strict proof demanded at the time of trial. 23. The averments contained in Paragraph 23 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 23 and the same are therefore denied and strict proof demanded at the time of trial. 24. The averments contained in Paragraph 24 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 24 and the same are therefore denied and strict proof demanded at the time of trial. 25. The averments contained in Paragraph 25 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments in Paragraph 25 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendants, James Thompson and Roger Leach respectfully requests that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 16. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law as the law does not provide a remedy for Plaintiffs who elect for limited tort absent special circumstances which the Plaintiff in this matter has failed to plead. 17. That the Plaintiffs alleged cause of action may be barred by the Limited Tort Option, as Plaintiff elected Limited Tort on her motor vehicle insurance, and has failed to provide any exception to the Limited Tort Option which may apply in this case. 18. That if it should be found that there was any negligence on the part of the answering Defendants, which is denied, then in that event any such negligence was not a proximate cause, nor factual cause, of any harm to the Plaintiff. 19. Omitted by stipulation of counsel. 20. Omitted by stipulation of counsel. 21. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. Plaintiffs comparative negligence consisted of: a. following too closely; b. failing to keep a property lookout; C. failing to keep her motor vehicle under the proper control so as to prevent the vehicles from colliding; d. failing to use due care; and e. failing to apply brakes in a sufficient time to avoid impact. 22. That the Plaintiffs contributory negligence was a factual cause of the Plaintiffs harm. Plaintiffs contributory negligence consisted of: a. consenting to be a passenger in the motor vehicle of an operator who Plaintiff knew or should have known was intoxicated; b. failing to exercise reasonable care while a passenger in Defendant's motor vehicle; C. failing to use due care under the circumstances; d. other acts of negligence, carelessness and recklessness as may be determined. 23. Omitted by stipulation of counsel. 24. Omitted by stipulation of counsel. WHEREFORE, the Defendants, James Thompson and Roger Leach, respectfully requests that judgment be entered in their favor and that any and all claims being asserted against them be dismissed with prejudice. CROSS-CLAIM PURSUANT TO PA. R.C.P. 2252(d) JAMES THOMPSON AND ROGER LEACH v. HAROLD WAMSLEY AND SALGALS, INC.. t/d/b/a AMERICAN TAXI 32. Defendants, James Thompson and Roger Leach incorporate herein by reference their answers to Paragraphs 1 through 24 above as though fully set forth herein at length. 33. That if the Plaintiff suffered the injuries and damages as alleged in her Complaint and those injuries and damages being specifically denied as having any causal relationship whatsoever to the answering Defendants, then in that event those injuries and damages were caused solely by the negligence and carelessness of Defendants, Harold Wamsley and Salgals, Inc., t/d/b/a American Taxi. 34. That in the event the Defendants, James Thompson and Roger Leach, are found to be liable on Plaintiffs alleged cause of action, which is expressly denied, then in that event, the Defendants Harold Wamsley and Salgals, Inc., t/d/b/a American Taxi, must be found liable over to Defendants, James Thompson and Roger Leach, or jointly and severally liable with Defendants James Thompson and Roger Leach for contribution and/or indemnity. WHEREFORE, the Defendants, James Thompson and Roger Leach, demand that Defendants Harold Wamsley and Salgals, Inc., t/d/b/a American Taxi. be held solely liable to the Plaintiff or, that in the event James Thompson and Roger Leach are found to be liable on Plaintiffs alleged cause of action, which is specifically denied, then in that event, Defendants, Harold Wamsley and Salgals, Inc., t/d/b/a American Taxi are liable over to James Thompson and Roger Leach, or jointly and/or severally liable for contribution and/or indemnity. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By Kbllyl. B nno, Esquire Attorneys Q. #: 200811 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: kib@jdsw.com DATE: q??Attorneys for Defendants Thompson/Leach cl !?? 327205 Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno, Esquire I.D. No. 200811 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: klb@jdsw.com MAKIAH FACKLER, V. Plaintiff Attorney for Defendants Thompson and Leach IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JAMES THOMPSON, ROGER LEACH, NO. 07-5758 CIVIL TERM HAROLD WAMSLEY and SALGALS, INC, t/d/b/a AMERICAN TAXI, Defendants JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Shawn P. McLaughlin, Esquire Menges, McLaughlin Cunningham Kalaskik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff and Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA 17102 and Salgals, Inc., t/b/d/a American Taxi 1900 Crooked Hill Road Harrisburg, PA 17106 You are hereby notified to plead to the enclosed New Matter and Cross Claim within twenty (20) days from the date of service. JOHNSON, DUFFIE, STEWART & WEIDNER By nno, Esquire Kelly L. B Q81 1. D. #: 20 P.O. Box Lemoyne, PA 17043-0109 Telephone: 717-761-4540 DATE: °t I O Attorneys for Defendants, Thompson/Leach CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September '2008 Shawn P. McLaughlin, Esquire Menges, McLaughlin Cunningham Kalaskik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff Harold Wamsley 1519 North Front Street, Apt. 6-A Harrisburg, PA 17102 Salgals, Inc., t/b/d/a American Taxi 1900 Crooked Hill Road Harrisburg, PA 17106 JOHNSON, DUFFIE, STEWART & WEIDNER By ally L. B n nno, Esquire I.D. #: 20 1 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants Thompson/Leach 327205 f`? ^u e .s ?, -rt _ r+=?'? ';:{ t...?' ? ?.... - .. -i`p ? . __.. Y L^ ., Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunningh &cclawpc.com Attorneys for Defendant, Salgals, Inc. t1d1b1a American Taxi and Harold Wamsley MAKIAH FACKLER, Plaintiff V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY, and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5758 CIVIL TERM JURY TRIAL DEMANDED AMENDED ANSWER TO THE CROSS CLAIM NOTICE PURSUANT TO Pa R.C P 2252(d) OF DEFENDANTS. JAMES THOMPSON AND ROGER LEACH v HAROLD WAMSLEY AND SALGALS. INC. t/d/b/a AMERICAN TAXI 32. The averments of Paragraph 32 are denied. 33. The averments of Paragraph 33 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined a response should have been filed, the averments are specifically denied. 34. The averments of Paragraph 34 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined a response should have been filed, the averments are specifically denied. WHEREFORE, Defendants, Harold Wamsley and Salgals, Inc., t/d/b/a American Taxi, demand judgment in favor of the Defendants, Harold Wamsley and Salgals, Inc., t/d/b/a American Taxi, and against Defendants, James Thompson and Roger Leach, together with costs. CUNNINGHAM & CHERNICOFF, P.C. Date: By - 1? rdanD. Cunningham, Esquire PA Supreme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: jcunningh=&cclawpc.com Attorneys for Defendant, Salgals, Inc. t1d1b1a American Taxi and Harold Wamsley 2 CERTIFICATE OF SERVICE I do hereby state that on the p day of October, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Makiah Fackler, Plaintiff c/o Shawn P. McLaughlin, Esquire Menges, McLaughlin, Cunningham, Kalaskik, P.C. 145 East Market Street York, PA 17401 Attorneys for Plaintiff James Thompson and Roger Leach, Defendants c/o Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendants Thompson and Leach Legal Secretary rr-F D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS, JAMES THOMPSON AND ROGER LEACH All AND NOW, this /'1? day of October, 2008, comes the Plaintiff, Makiah Fackler, by and through her attorneys, Menges, McLaughlin and Kalasnik, P.C. and files this Reply to New Matter and, in so doing, incorporates herein by reference all paragraphs of the Complaint as if set forth more fully hereinafter at length. REPLY TO NEW MATTER 16. - 18. No response required as these averments are conclusions of law. To the extent these averments are deemed to be factual, however, they are specifically denied and strict proof thereof is demanded at the time of trial. 19. Omitted. 20. Omitted. 21. - 22. No response required as these averments are conclusions of law. To the extent these averments are deemed to be factual, however, they are specifically denied and strict proof thereof is demanded at the time of trial. 23. Omitted. 24. Omitted. WHEREFORE, Plaintiff, Makiah Fackler, respectfully requests this Honorable Court to grant the relief requested in her Complaint. Respectfully submitted, Dated: C-, F MENGES, MCLAUGHLIN & KALASNIK, P.C. Shawn P. McLaughlin, Esquire Court ID No.: 62737 Attorney for Plaintiff 145 East Market Street York PA 17404 (717) 843-8046 Attorney for Plaintiff 4, , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, : HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michelle A. Orchard, paralegal to Shawn P. McLaughlin, Esquire, of the law firm of MENGES, MCLAUGHLIN, CUNNINGHAM & KALASNIK, P.C. attorneys for the Plaintiff, do hereby certify that on this/, day of October, 2008, a true and correct copy of the forgoing Plaintiff's Reply to New Matter of Defendants, Salgals, Inc. t/d/b/a American Taxi and Harold Wamsley was served upon the below named, by placing same in the United State Mail, first-class postage prepaid thereon, addressed as follows: Kelly L. Bonano, Esquire Johnson Duffie Law Offices 301 Market Street Lemoyne, PA 17043-0109 Attorney for Defendants, James Thompson & Roger Leach Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Defendants, Salgals, Inc. & Harold Wamsley MENGES, MCLAUGHLIN & KALASNIK, P.C. Dated: Mi elle A. Orchard 145 East Market Street York PA 17404 (717) 843-8046 C? 0 cam,, CIO ?xa - ., -, _ m -e sy ?' . rv ers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. , JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: October 20, 2008 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 h Aocr G G r.^r? ?. o V W V\ C' 14- 7 r ti T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: November 18, 2008 P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 44. q?R d F? 6" 0 <- rya c.Ha ; .mow w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, . V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: December 17, 2008 S McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 ("? wf (? `"' ?`' r`. -? ?`? ?? ? ? ?. - . ,,,? ?? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: January 22, 2009 4_? . cLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 Q ? a ] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: February 19, 2009 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 4b C 9 ? ... I '4 3 1 1.. . , 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: March 17, 2009 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN, CUNNINGHAM & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 CS Y= 0 ? r G -10 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: (0_6 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 OF THE 2099 APR ZO Ph Li- 02 ci s ijl , 1 -d/o. oo?t d_A?-Y R''- a2s?o?3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. JAMES T OMPSON, ROGER LEACH, HAROLD AMSLEY and SALGALS, INC. t/d/b/ AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE ONOTARY: reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: May I 9, 2009 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 CF THE 2009 MAY 21 PM 1' 2.> s; t l O. oo Pp 011"4 Cy.,* lo(041 t3oa 5r© OXMAN GOODSTADT KURITZ, P.C. BY: SHELDON A. GOODSTADT, ESQUIRE IDENTIFICATION NO.: 19547 Ten East Fifth Street Chester, PA 19013 (610)876-3488 Attorneys for Defendants, Harold Wamsley and Salgals, Inc. t/d/b/a American Taxi MAKIAH FACKLER COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Plaintiff VS. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC t/d/b/a AMERICAN TAXI Defendants NO. 07-5758 SUBSTITUTION OF ATTORNEY The undersigned hereby consent to the substitution of Sheldon A. Goodstadt, Esquire as Attorney for Defendants, Harold Wamsley and Salgals, Inc. t/d/b/a American Taxi, in the above entitled cause of action. Sheldon A. Goodstadt, Esquire Superseding Attorney ydan D. Cunningham, Esquire ithdrawing Attorney h DATED: -? ?fi ?- f r,?,: iN- - ? ?. (y ? ?s .,.. 1':' ? { 3 Syr ? e r. ?J?.J'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: June 18, 2009 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 C ri 1 I -ED-4, OF TI. u pit r)T?Y 2109 J:. , 19 Ph 0 c $to.oo p0 ATIY ce &q6q 04 'ga4q&o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: July 17, 2009 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 OF 11-E PPOTH TARY 2809 JUL 20 Pty 2.41 PENNSYLVANIA ,$1D.DO PD A-rH co to g o 2Tt- aat,;w a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER NO. 07-5758- Civil Term Plaintiff, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 OF THE PR OHONOTARY 2009 AUG 20 AM 14: 12 ?,-uOJNTY lo - ex-) -;?L 49? CK4, 6gap Z?``"a?4?'Sl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER , Plaintiff, , v. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. , NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: September 17, 2009 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 BLED-'; -i.I'i?;c OF THE c,-'-Y'"_,r "l0TXRY 2009 SEP 21 PPM 2: 3 4 al 30 &"y? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, . V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. . NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: October 15, 2009 Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 i? t_t..? OF THE p`O"11AHY 200$ OCT c"0 A 9; 5,-Z)- 4 10 . CO Pb A"trf CO 95'74 a.W-q9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISIION MAKIAH FACKLER Plaintiff, V. JAMES THOMPSON, ROGER LEACH, HAROLD WAMSLEY and SALGALS, INC. t/d/b/a AMERICAN TAXI, Defendants. NO. 07-5758- Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned case. Respectfully submitted, Date: November 12, 2009 `"Shawn P. McLaughlin, Esquire Sup. Ct. I.D. No. 53306 MENGES, MCLAUGHLIN & KASLASNIK, P.C. 145 E. Market Street York, PA 17401 Telephone No. (717) 843-8046 OF 4"X%" {7 A9»22 QA%"?A? 4ID.A6 Y7?. CK--AL 7?G3 R?-1aa? s{?.