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HomeMy WebLinkAbout01-4702ROSANNA E. TURNER, Plaintiff VS. HMCC INC., and GARRETT W. HULL, Defendants IN THE COURT OF COMMON PLEAS CUPlSERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DF/~2~9~ED PP~%ECIPE FQRWRIT OF TO THE PROTHONOTARY: Please issue a Writ of Summons on the above named Defendants. Defendants, HMCC Inc. and Garrett W. Hull have the following address: HMCC Inc. 9 Brennan Circle Mechanicsburg, PA Garret W. Hull 563 F Street Carlisle, PA 17055 17013 Respectfully submitted, Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Commonwealth of Pennsylvania County of Cumberland Rosanna E. Turner HMCC Inc. 9 Brennan circle Mechanicsburg PA 17055 Garret W. Hull 563 "F" Street Carlisle PA 17013 Court of Conumon Pleas No ...... 95 _- i 7_ _0_2_ _ _C_ _~_v_ _%z_ ............. 19 .... civil Action - Law HMCC Inc. and Garret W. Hull: You are hereby notified that Rosanna E. Turner the Plaintff ha s conunenced an action i Summons - Civil Action - Law n ......................................................... against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date August 8, 2001 19 .... CURTIS R. LONG Prothonotary DEVLIN & DEVINE ATTORNEYS AT LAW By: William J. Devlin, Jr., Esquire Identification # 42717 Suite 200, 100 West Elm Street Conshohoeken, PA 19428 (610) 397-4600 ROSANNA E. TURNER Attorney for Defendants HMCC, Inc. and Garrett W. Hull COURT OF COMMON PLEAS HMCC, INC. and GARRETT W. HULL CUMBERLAND COUNTY NO. 01-4702 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, I-LMCC, Inc. and Garrett W. Hull. DEVL~& DEVINE Attomey'for Defendants HMCC, Inc. and Garrett W. Hull CERTIFICATE OF SERVICE I, William J. Devlin, Jr., Esquire, counsel for Defendants, HMCC, Inc. and Garrett W. Hull, hereby state that a true and correct copy of the foregoing Entry of Appearance was served on the counsel below on August 27, 2001, by placing a copy of same in the United States regular first- class mail, first-class pestage prepaid. Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 17011-4706 DEVLIN & DEVINE ~qliliam {~Jevlin, Jr., Esqui~ Attorney frfr Defendants HMCC, Inc. and Oarrett W. Hull DEVLIN & DEVINE ATTORNEYS AT LAW By: Christine E. Munion, Esquire Identification # 72724 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendants HMCC, Inc. and Garrett W. Hull ROSANNA E. TURNER V. I-IMCC, INC. and GARRETT W. HULL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4702 CIVIL CERTIFICATE OF SERVICE I, Christine E. Munion, Esquire, counsel for Defendants, HMCC, Inc. and Garrett W. Hull, hereby state that a true and correct copy of the foregoing Withdrawal/Entry of Appearance and Pmecipe for Rule to File Complaint was served on the counsel below on ../ bv~ ~-- ,2002 by placing a copy of same in the United States regular first-class mail, first-class postage prepaid. Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 17011-4706 DE~VV~N & DEVINE Christine E. Munion, Esquire Attorney for Defendants HMCC, Inc. and Garrett W. Hull DEVLIN & DEVINE ATTORNEYS AT LAW By: Christine E. Munion, Esquire Identification # 72724 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendants HMCC, Inc. and Garrett W. Hull ROSANNA E. TURNER V. HMCC, INC. and GARRETT W. HULL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4702 CIVIL PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule on plaintiff in the above-entitled matter to file a Complaint within twenty (20) days or suffer judgment of non pros. DATED: DEVLIN EVINE Attorney for Defendants And Now This 12th day of June, 2002 Rule issued in accordance with the above Praecipe. DEVLIN & DEVINE ATTORNEYS AT LAW By: William J. Devlin, Jr., Esquire Identification # 42717 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendants HMCC, Inc. and Garrett W. Hull ROSANNA E. TURNER V. HMCC, INC. and GARRETT W. HULL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4702 CIVIL WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal my appearance in the above-captioned matter on behalf of the Defendants, HMCC, Inc. and Garrett W. Hull. DEVLIN & DEVINE Willian~J Devhn, Jr., Esqui~ Attome~ffor Defendants HMCC, Inc. and Garrett W. Hull ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, HMCC, Inc. and Garrett W. Hull. DEVLIN & DEVINE stine 1~ Mum%n, Esquire Attorney for Defendants HMCC, Inc. and Garrett W. Hull DEVLIN & DEVINE ATTORNEYS AT LAW By: Christine E. Munion, Esquire Identification # 72724 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendants HMCC, Inc. and Garrett W. Hull ROSANNA E. TURNER V. HMCC, INC. and GARRETT W. HULL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4702 CIVIL CERTIFICATE OF SERVICE I, Christine E. Munion, Esquire, counsel for Defendants, HMCC, Inc. and Garrett W. Hull, hereby state that a true and correct copy of the foregoing Withdrawal/Entry of Appearance and Praecipe for Rule to File Complaint was served on the counsel below on, t~r boy,4 ~ ,2002 by placing a copy of same in the United States regular first-class mail, first-class postage prepaid. Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 17011-4706 DEVLIN & DEVINE Christine E. Munion, Esquire Attorney for Defendants HMCC, Inc. and Garrett W. Hull DEVLIN & DEVINE ATTORNEYS AT LAW By: Christine E. Munion, Esquire Identification # 72724 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendants HMCC, Inc. and Garrett W. Hull ROSANNA E. TURNER V. HMCC, INC. and GARRETT W. HULL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4702 CIVIL PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule on plaintiff in the above-entitled matter to file a Complaint within twenty (20) days or suffer judgment of non pros. DATED: Attorney for Defendants And Now This 12th day of June, the above Praecipe. 2002 Rule issued in accordance with DEVLIN & DEVINE ATTORNEYS AT LAW By: William J. Devlin, Jr., Esquire Identification # 42717 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendants HMCC, Inc. and Garrett W. Hull ROSANNA E. TURNER : V. : HMCC, INC. and GARRETT W. HULL : COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4702 CIVIL WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal my appearance in the above-captioned matter on behalf of the Defendants, HMCC, Inc. and Garrett W. Hull. DEVLIN & DEVINE Willian~J Devhn"~, Jr., Esqui~ AttomeyTor Defendants HMCC, Inc. and Garrett W. Hull ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, HMCC, Inc. and Garrett W. Hull. DEVLIN & DEVINE ~~ion, Esquire Attorney for Defendants HMCC, Inc. and Garrett W. Hull ROSANNA E. TURNER, Plaintiff vs. HMCC, INC. and GARRETT W. HULL, De fendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4702 Civil Term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED NQTIQE TQ DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any claim or relief requested by the plaintiff. You may lose money or property or other rights important you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET ?~GAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ROSANNA E. TI/RNER, Plaintiff vs. HMCC, INC. and GARRETT W. HULL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV~NIA NO. 01-4702 Civil Term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED COMPLAINT IN ~IVIL A~TION AND NOW, comes the Plaintiff, Rosanna E. Turner, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., and files this Complaint in Civil Action and, in support thereof, avers as follows: 1. Plaintiff, Rosanna E. Turner, is an adult individual who currently resides at 343 West Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, HMCC, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a business address of 9 Brennan Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Garrett W. Hull, is an adult individual who currently resides at 563 F Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. On or about August 20, 1999, at approximately 9:20 a.m., the plaintiff, Rosanna E. Turner, was operating a 1987 Ford Taurus. 5. On or about August 20, 1999, at approximately 9:20 a.m., the defendant, Garrett W. Hull, was operating a 1988 Ford F350. 6. Defendant, Garrett W. Hull, was operating the 1988 Ford F350 pursuant to his employment for HMCC, Inc. and was acting within the scope of his employment on the aforesaid date and time. 7. On the aforesaid date and time, plaintiff was traveling Eastbound in her vehicle on Trindle Road, South Middleton Township, Cumberland County, Pennsylvania. 8. On the aforesaid date and time, defendant was traveling Northbound on Fairfield Street, South Middleton Township, Cumberland County, Pennsylvania. 9. On the aforesaid date and time, defendant failed to stop his vehicle prior to entering the intersection, despite a properly posted stop sign, and despite plaintiff's vehicle having the right of way and being present within the intersection. 10. On the date, time and place aforesaid, the defendant, Garrett W. Hull, so negligently, carelessly, recklessly and wantonly operated his motor vehicle so as to cause it to strike and come in contact with the rear passenger side of the vehicle which plaintiff was operating, resulting in the serious and severe injuries to plaintiff which are more fully set forth. 11. The collision, and the resulting injuries and damages to plaintiff, Rosanna E. Turner, were caused directly and proximately, by the negligent, careless, reckless and wanton behavior of defendant, Garrett W. Hull, as follows: a. In failing to keep and maintain vehicle under proper and adequate control; b. In failing to promptly and properly apply the brakes and other stopping devices of said vehicle; In failing to slow, stop, turn aside, reduce speed or take any other action to avoid colliding with the vehicle which plaintiff was operating; So In failing to be properly attentive while operating said motor vehicle; In failing to observe the vehicle which plaintiff was operating, which was traveling in compliance with the law; In failing to yield the right-of-way to plaintiff's vehicle; In failing to have proper traction devices and/or braking systems to permit defendants to stop said motor vhicle and avoid striking the vehicle which plaintiff was lawfully operating, resulting in the serious injuries more fully set forth; In failing to drive her vehicle with due regard for the roadway and traffic conditions which were existing and of which she was or should have been aware; and In driving his vehicle upon the roadway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 12. The accident was caused by the negligent, careless, reckless and wanton behavior of the defendant, Garrett W. Hull, as set forth in paragraph 11 above, and in no way was caused by the plaintiff, who was operating a vehicle in compliance with traffic conditions and laws on Trindle Road when it was struck by defendant. 13. The plaintiff, Rosanna E. Turner, sustained various severe injuries and suffered damages as will hereinafter be set forth. Said injuries and damages were caused by the negligence of defendant, Garrett W. Hull, in some or all of the following particulars: a. Severe pain in the lumbar, thoracic and cervical regions of her back; b. Severe pain down the entire right side of her body including neck, back, buttocks and leg; c. Injury and damage to the bones, muscles, nerves, nerve roots, ligaments, tendons, cartilage, blood vessels, soft tissues and underlying organs in the following areas: i. Cervical spine; ii. Lumbar spine; iii. Thoracic spine; iv. Left and right Shoulder; v. Both knees; and vi. Right Ankle. d. Some and/or all of these serious injuries have or may result in a serious impairment of a bodily function; and e. Severe headaches. 14. As the direct and proximate result of the negligent, careless, reckless and wanton behavior of the defendant, Garrett W. Hull, the plaintiff has sustained the following damages: a. Great pain, inconvenience, humiliation, embarrassment and mental anguish, past and future; b. Loss of well being and loss of many of the enjoyments of life and life's pleasures, past and future; c. Permanent impairment of her general health, strength and vitality; d. She has been and will be obliged to expend money for doctors, medicines, hospitals, medical treatment, nursing and other medical expenses; e. She has incurred or may incur medical expenses which exceed the sums recoverable under 75 Pa.C.S. Section 1711 et seq.; f. Her earning power or capacity has been reduced and/or permanently impaired. 15. Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 16. Prior to the accident, plaintiff, Rosanna E. Turner, pursuant to Section 1705 of the Pennsylvania Motor Vehicle Financial Responsibility Law, had made an election and/or is deemed to have made an election to retain the right to maintain and/or pursue an action for non-economic damages resulting from injuries sustained in a motor vehicle collision, as a result of the nature of the injuries sustained by her, as listed above. WHEREFORE, the Plaintiff, Rosanna E. Turner, respectfully demands judgment against defendant in an amount in excess of the jurisdiction of the compulsory board of arbitrators of this county. Date: Respect~tted, Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ROSANNA E. TURNER, Plaintiff vs. HMCC, INC. and GARRETT W. HULL, De fendant s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4702 Civil Term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMJ~NDED VERIFI~ATIQN I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Signature ~~~. ~ Rosanna E. Turner You are hereby no_.ti~ie~/tb,t~lead _.~ to theeuclosea within twenty (20) da37s from the service hereof or a default judgment DEVLIN & DEVINE By: Christine E. Munion, Esquire Identification # 72724 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendants HMCC, Inc. and Garrett W. Hull ROSANNA E. T[YRNER COURT OF COMMON PLEAS HMCC, INC. and GARRETT W. HULL CUMBERLAND COUNTY NO. 01-4702 CIVIL DEFENDANTS' ANSWER and NEW MATTER AND NOW, come the Defendants, HMCC, Inc. and Garrett W. Hull, through their attorneys, Devlin and Devine, and file this Answer and New Matter to Plaintiff's Complaint and, in support thereof, avers as follows: 1. Denied. Defendants are without sufficient information and knowledge with which to form a belief as to the truth of the averments of this paragraph and therefore the same are denied. 2. Admitted in part; Denied in part. It is admitted that HMCC, Inc. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania. It is denied that its address is 9 B)enneman Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. To the contrary Defendant's address is 9 Brenneman Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Admitted in part; Denied in part. It is specifically denied that Garrett W. Hull resides at 563 F Street, Carlisle, Cumberland County, Pennsylvania 17013. To the contrary, it is believed and therefore averred that Garrett W. Hull resides at 240 E Street, Apartment #4, Carlisle, PA 17013. All remaining averments of this paragraph are admitted. 4. Denied. Defendants are without sufficient information and knowledge with which to form a belief as to the troth of the averments of this paragraph and therefore the same are denied. 5. Denied. Defendants are without sufficient information and knowledge with which to form a belief as to the truth of the averments of this paragraph and therefore the same are denied. 6. Denied. Defendants are advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. Furthermore, it is specifically denied that Garrett W. Hull was employed for HMCC, Inc. on August 20, 1999 or that he was acting within the scope of his employment for HMCC on August 20, 1999 7. Denied. Defendants are without sufficient information and knowledge with which to form a belief as to the truth of the averments of this paragraph and therefore the same are denied. 8. Denied. Defendants are advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 9. Denied. Defendants are advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 10. Denied. Defendants are advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 11. Denied. Answering Defendant denies each and every allegation of negligence and carelessness contained in Paragraphs 1 l(a) through 1 l(i). Answering Defendant avers that at all times it acted with reasonable and due care 12. Denied. Defendants are advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 13. Denied. Defendants are advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore each and every subparagraph of this paragraph are denied. 14. Denied. Defendants are advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore each and every subparagraph of this paragraph are denied. 15. Denied. Defendants are advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 16. Denied. Defendants are advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. Wherefore, Defendants respectfully requests judgment against plaintiffplus interest and costs. DEFENDANTS NEW MATTER ADDRESSED TO PLAINTIFF 17. Answering Defendants incorporate by reference the averments contained in the foregoing paragraphs of the Answer as through fully set forth herein. 18. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. 19. 20. 21. 22. Plaintiffs' claims may be barred by the applicable Statute of Limitations. Answering Defendants were not negligent. Answering Defendants did not cause any alleged, harm, injury or loss. The negligent act or omissions of other individuals or entities constituted superseding, intervening causes of the damages and/or injuries alleged to have been sustained by Plaintiffs. 23. An'swering Defendants are not responsible for persons, events, circumstances or conditions beyond Answering Defendants control. 24. Plaintiffs' claims may be barred in whole or in part by assumption of the risk. 25. Plaintiffs' claims may be barred in whole or in part, or reduced by Plaintiffs' contributory and/or comparative negligence. 26. Plaintiff has not sustained any injuries cognizable under Pennsylvania law as a consequent of Answering Defendant's alleged action. 27. Plaintiffs' claims are barred because Plaintiffhas sustained no injury in fact. 28. Pennsylvania Rule of Civil Procedure 238, pertaining to delay damages, is inapplicable under the facts of the present case, and is unconstitutional and in violation of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania. 29. Without waiver of the above defense, to the extent that delay damages are alleged, any such delay was not caused by Answering Defendants but was caused by Plaintiff, or by a circumstance not the fault of the Plaintiff or the Answering Defendants, and delay damages should not be assessed for same. 30. Plhintiff may have entered into a release which bars and/or limited recovery in this action. 31. Plaintiffs' claims may be barred in whole or in part by the doctrine of res judicata and/or collateral estoppel. 32. Plaintiffs' claims, if any, may be reduced and/or limited by any collateral source of compensation and/or benefit. 33. Plaintiffhas failed to mitigate damages. 34. Plaintiff is limited and/or barred fi.om any recovery of any alleged damages since she chose or is d~emed to have chosen the limited tort option of insurance. WHEREFORE, Answering Defendants, respectfully requests that this Court grant judgment in its favor and against Plaintiffplus costs and fees and provided by law. DEVLIN & DEVINE BY: C~ESQUIRE Attorney for Defendants VERIFICATION I, Lgtx/~ I E~ L0/~ &Nff_~l~.. , hereby state that I am the authorized representative for the Defendants and that the facts set forth in the Answer and New Matter to Plaintiffs' Complaint, are true and correct to the best of my knowledge, information and belief. I tmderstand that this Verification is provided subject to 18 Pa. C.S. § 4904 relating to tmswom falsification to authorities. DEVLIN & DEVINE ATTORNEYS AT LAW By: Christine E. Munion, Esquire Identification # 72724 Suite 200, 100 West Elm Street Conshohocken, PA 19428 (610) 397-4600 ROSANrNA E. TURNER Attorney for Defendants HMCC, Inc. and Garrett W. Hull COURT OF COMMON PLEAS V. HMCC, INC. and GARRETT W. HULL CUMBERLAND COUNTY NO. 01-4702 CWIL CERTIFICATE OF SERVICE Christine E. Munion, attomey for Defendants, hereby certifies that she caused Defendants' Answer and New Matter to Plaintiffs' Complaint to be served upon the party named below by United States, first-class mail, postage prepaid on .~>~-/7~, ,2002: Marlin L. Markley, Esq. Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 17011-4706 DEVLIN & DEVINE B : Attorney for Defendants ESQUIRE ROSANNA E. TURNER, Plaintiff vs. HMCC, INC. and GARRETT W. HULL, Defendants IN THE CO]IRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4702 Civil Term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED PETITION TO AMEND COMPLAINT IN CIVIL ACTION The Estate of Rosanna E. Turner, by and through its administrators, Tracy Young and Leslie Cherry, avers the following in support of its Petition to Amend Complaint in Civil Action: 1. The Plaintiff in the above captiolned action is deceased as of October 12, 2002 2. In a properly executed will, Plaintiff named Tracy Young and Leslie Cherry as administrators of her estate. 3. On February 28, 2003 Letters testamentary were granted by the Register of Cumberland County. (See copy of letters attached hereto and marked as exhibit "A"). 4. The administrators intend to continue the claim against the Defendants in the above captioned action with proceeds payable to the Estate of Rosanna E. Turner. WHEREFORE, it is respectfully requested that the caption of the action against Defendants, HMCC, Inc., and Garrett W. Hull, be amended as follows: IN RE: THE ESTATE OF ROSANNA E. TURNER, Plaintiff vs. HMCC, INC. and GARRETT W. HULL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4702 Civil Term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED Respectfu~l~f~submitted, arli4~/~. Ma~kley, Esquire Law O~fices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ROSANNA E. TURNER, Plaintiff PENNSYLVANIA vs. HMCC, INC. and GARRETT W. HULL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 01-4702 Civil Term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED CERTIFICATE OF SERVIC~ I hereby certify that I am this day serving a copy of the foregoing Praecipe to Amend Complaint in ,Civil Action upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through certified mail, return receipt requested, prepaid and addressed as follows: Christine E. Munion, Esquire Devlin & Devine Attorneys At Law 100 West Elm Street, Suite 200 Conshohocken, PA 19428 Respectfully submitted, M~rl~. M~rkley, Esquire Law ~O/ffices of Patrick F. Lauer, Jr. 2108/Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 EXHIBIT A / STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE DONNA M. OTTO Register for the Probate of Wills and Granting Letters of Administration &c. in and for said County of CUMBERLAND do hereby certify that on the 28th day of February A.D., Two Thousand and Th:cee, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of TURNER ROSANNA E in said county, deceased, to CHERRY LESLIE A , late of CARLISLE BOROUGH YOUNG TRACY L and and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 28th day of February A.D., Two Thousand and Three. File No. 2003-00180 21-03-0180 .10/12/2002 169-38-5973 PA File No. Date of Death s.s. # NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRE: ROSANNA E. TURNER, Plaintiff Vo HMCC, INC., and GARRETT W. HULL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4702 CIVIL TERM ORDER OF COURT AND NOW, this 2na day of April, 2003, upon consideration of Plaintiff's Praecipe to Amend Complaint, "Tracy Young and Leslie Chert;y, Co-Administratrices of the Estate ofRosanna E. Turner, Deceased," are substituted as: Plaintiffs in this case. BY THE COURT, esley Oler,~r.,' ' j. Marlin L. Markley, Esq. 2108 Market Street Camp Hill, PA 17011 Attorney for Plaintiff William J. Devlin, Jr., Esq. Christine E. Munion, Esq. 100 West Elm Street Suite 200 Conshohocken, PA 19428 Attorneys for Defendants :rc ROSANNA E. TURNER V. HMCC, INC. and GARRETT W. HULL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-4702 CIVIL ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: KAndly mark the above-captioned matter, Settled, Discontinued and Ended, upon payment of your costs only. Date: ~f'AP~¢~ EY, ES QLqRE Attorney ~r Plaimiff