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HomeMy WebLinkAbout07-7660Q 4 W Vv ti 4 9- 4 y,c ?i C) cl- C^2, ? Q Q v Ca rri C7 w cx> Q •-c SHERIFF'S RETURN - REGULAR CASE NO: 2007-07660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HILL MARCELLIOUS VS LACEY CLARA SUKES RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon r..n„ - TM C+ZTT7LPC1 the DEFENDANT at 1506:00 HOURS, on the 2nd day of January 2008 at 810 KENT DRIVE MECHANICSBURG, PA 17050 by handing to CLARA SYKES LACEY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.48 Postage .58 Surcharge 10.00 00 4 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/03/2008 HANDLER HENNING ROSENBERG By: /"e-) 0 K, Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, CIVIL DIVISION Plaintiff, NO. 07-7660 V. PRAECIPE FOR APPEARANCE CLARA SYKES LACEY, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16231 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, CIVIL DIVISION Plaintiff, V. NO. 07-7660 CLARA SYKES LACEY, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Clara Sykes Lacey, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 9T" day of April, 2008. Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By-- Kevin D. Rauch, Esquire Counsel for Defendant ra 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, CIVIL DIVISION Plaintiff, NO. 07-7660 V. PRAECIPE FOR RULE CLARA SYKES LACEY, TO FILE COMPLAINT Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16231 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, Plaintiff, V. CLARA SYKES LACEY, Defendant. CIVIL DIVISION NO. 07-7660 (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Marcellious Hill, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 9T" day of April, 2008. Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: K vin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, Plaintiff, V. CLARA SYKES LACEY, Defendant. CIVIL DIVISION NO. 07-7660 (Jury Trial Demanded) RULE AND NOW, this 11*k day of Agri 2008, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this Distribution to: Az,-4 _:; ?? - Pr otary Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Jason C. Imler, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 11 t' day of April , 2008. ,? ra rt r M M :, M 7 ? CP G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7660-2007 Civil Action - (XX) Law ( ) Equity MARCELLIOUS HILL 810 Kent Drive Mechanicsburg, PA 17050 CLARA SYKES LACEY 810 Kent Drive Mechanicsburg, PA 17050 PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please withdraw the appearance of the undersigned counsel for the Plaintiff in the above-captioned matter. Dated - ?-Of HANDLER, HENNING AND ROSENBERG LLP Jason C. mler, Esq. I. D. #87911 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 rte- T ? c o w :? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7660-2007 Civil Action - (XX) Law ( ) Equity MARCELLIOUS HILL 810 Kent Drive Mechanicsburg, PA 17050 CLARA SYKES LACEY 810 Kent Drive Mechanicsburg, PA 17050 PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter the appearance of Andrew C. Spears, Esquire of Handler, Henning & Rosenberg, LLP on behalf of the Plaintiffs in the above-captioned action. Date: a3 0 (` HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears, Esquire Attorney I.D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 c co -4 Andrew C. Spears, Esq. I.D.#87737 HANDLER, HENMNG & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com Attorneys for Plaintiff MARCELLIOUS'HILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7660 CLARA SYKES LACEY, Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, "you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford StreetCarlisle, PA 17013 (717) 249-3166 Andrew C. Spears, Esq. I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com Attorneys for Plaintiff MARCELLIOUS HILL, Plaintiff V. CLARA SYKES LACEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7660 CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dfas despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un falla por cualquier suma de dinero reclamada en la demanda o cualquier otra reciamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN A$OGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 Andrew C. Spears, Esq. I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com Attorneys for Plaintiff MARCELLIOUS HILL, Plaintiff V. CLARA SYKES LACEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7660 CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Marcellious Hill, by and through his attorneys, f HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and makes the within Complaint against Defendant, Clara Sykes Lacey, and avers as follows: 1. Plaintiff, Marcellious Hill, is an adult individual currently residing at 810 Kent Drive, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant, Clara Sykes Lacey, is an adult individual currently residing at 810 Kent Drive, Mechanicsburg, Cumberland County, PA 17050. j 3. At all times material hereto, Plaintiff, Marcellious Hill, was a passenger in a 2004 Mitsubishi, bearing Pennsylvania registration number FMZ9747, which was operated by Defendant, Clara Sykes Lacey (hereinafter "Defendants' vehicle") 4. At all times material hereto, Defendant, Clara Sykes Lacey, was the owner of the Defendant's vehicle. 5. At all times material hereto, Plaintiff, Marcellious Hill, was insured under an automobile insurance policy with State Farm Insurance Company and was covered by the full-tort option. 6. At all times material hereto, there were no adverse weather or road conditions. 7. On or about January 4, 2006, at approximately 5:14 p.m., Defendants' vehicle was traveling westbound on Carlisle Pike in Hampden Township, Cumberland County, Pennsylvania. 1 8. At approximately the same time and place, Defendant, Clara Sykes Lacey, attempted to make a left turn between a row of stopped vehicles on to Conodoguinet Avenue. 9. A. a result of Defendant, Clara Sykes Lacey's, failure to exercise reasonable care in making a left turn, Defendant's vehicle pulled directly into the path of traffic traveling eastbound on the Carlisle Pike, and a violent collision resulted with a car that was traveling eastbound. 10. As a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill sustained extensive and serious personal injuries, as set forth more specifically below. -2- COUNT I - NEGLIGENCE MARCELLIOUS HILL v. CLARA SYKES LACEY 11. Paragraphs 1-10 are incorporated herein as if fully set forth below. 12. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Marcellious Hill, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Clara Sykes Lacey, generally and more specifically, as set forth below: (a) In driving Defendants' vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S.A. § 3714; (b) In failing to exercise reasonable care in the operation of Defendants' vehicle for the safety of a guest passenger; (c) In failing to properly and adequately observe the traffic and road ., conditions then and there existing; (d) In failing to operate Defendant's vehicle on the right half of the roadway, in violation of 75 Pa. C.S.A. § 3301; (e) In failing to keep Defendant's vehicle off of the left side of the roadway, in violation of 75 Pa. C.S.A. § 3306; (f) In failing to execute a left hand turn across opposing traffic lanes without allowing adequate space for Defendant's vehicle to execute the turn so as to avoid a collision with opposing traffic; (g) In failing to yield the right-of-way to opposing traffic which was already in the intersection, in violation of 75 Pa. C.S.A. § 3324; (h) In attempting to execute a left hand turn from the right lane when there was a left turn lane from which it would have been prudent to attempt a left turn; -3- (1) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; Q) In failing to maintain control of Defendants' vehicle; (k) In operating Defendants' vehicle at an unsafe speed in light of the existing conditions; (1) In failing to have sufficient control of Defendants' vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (m) In failing to be continuously alert and in failing to have her vehicle under such control that injury to persons or property could be avoided; (n) In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714; (o) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3310(a). 13. As a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill, suffered extensive injuries including, but not limited to, right arm and shoulder injuries with nerve damage, which required surgery and right side pain. 14. As a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill, has suffered a loss of income and will in the future continue to suffer a loss of income and/or earning capacity, to his financial detriment and loss. 15. As a direct and proximate result of the negligence of the Defendant, Clara -4- Sykes Lacey, the Plaintiff, Marcellious Hill, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 16. As a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill has been compelled, in orderto effect a cure for aforesaid injuries, to expend money for medicine and medical attention. 17. As a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill, continues to receive treatment and incur expenses as a result of said injuries, and will most likely continue to do so in the future, to his detriment and loss. 18. As, a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his detriment and loss. 19. As,a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill, has been, and will in the future be, hindered from attending to his daily duties, to his detriment, loss, humiliation, and embarrassment. 20. Plaintiff, Marcellious Hill, believes and, therefore, avers that his injuries are permanent and serious in nature. -5- WHEREFORE, Plaintiff, Marcellious Hill, respectfully request that this Honorable Court enter judgment in his favor in an amount in excess of the compulsory arbitration limits of Cumberland County, PA, plus enter such other orders as are equitable and just. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By: Andrew C. pears, Esq. I.D.# 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff -6- VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. Dater 'q I '?Oas arcellious Hill -7- CERTIFICATE OF SERVICE I, Andrew C. Spears, attorney for Plaintiff Marcellious, hereby certify that I h ve served the foregoing Complaint b first class mail, postage by , p ge pre-paid on the -;I ? day of April 2008, upon the following: Mr. Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Date: a G C',_ Andrew C. Spears, Esquire Attorney for Plaintiff -8- N Q c? co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, Plaintiff, V. CLARA SYKES LACEY, Defendant. CIVIL DIVISION NO. 07-7660 ANSWER AND NEW MATTER (Jury Trial Demanded) TO: Plaintiff You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be?terpagaj6st you. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, /V ,% GUTHRIE and SKEEL, L.L.P. r c onnell, Hudock, Firm #911 & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16231 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, CIVIL DIVISION Plaintiff, V. NO. 07-7660 CLARA SYKES LACEY, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Clara Sykes Lacey, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part, Denied in Part. It is admitted that a collision occurred on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 9 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I - NEGLIGENCE 11. In response to paragraph 11, the Defendant reiterates and repeats all her responses in paragraphs 1 through 10 as if fully set forth at length herein. 12. Paragraph 12 and all of its subparts states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 19. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 20. Paragraph 20 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Clara Sykes Lacey, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 21. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 22. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 23. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 24. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Clara Sykes Lacey, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P. By: 7 I evin D. such, Esquire ounsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: S-6-06- Clara Sykes Lacey #16231 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ?UJ day of , 2008. Andrew Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Kevin D. auc squire Counsel for D fendant cy ?? -TI Andrew C. Spears, Esq. I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com Attorneys for Plaintiff MARCELLIOUS HILL, Plaintiff V. CLARA SYKES LACEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7660 CIVIL ACTION - LAW REPLY TO NEW MATTER AND NOW comes the Plaintiff, Marcellious Hill, by and through his attorneys, Handier, Henning and Rosenberg, LLP, to file the within Reply to New Matter and avers as follows: 21. This averment is a conclusion of law and no response is required. To the extent a response may be required, any and all allegations and insinuations of wrongdoing on the part of Plaintiff are hereby denied. 22. This averment is a conclusion of law and no response is required. To the extent a response may be required, any and all allegations and insinuations of wrongdoing on the part of Plaintiff are hereby denied. M J 23. This averment is a conclusion of law and no response is required. To the extent a response may be required, Plaintiff avers that he was insured under an automobile policy with State Farm Insurance Company and was covered by the full tort option. 24. This averment is a conclusion of law and no response is required. To the extent a response may be required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. WHEREFORE, Plaintiff Marcellious Hill respectfully requests this Honorable Court dismiss Defendant's New Matter, enter Judgment in his favor and enter such other Orders as are equitable and just. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By: Andrew C. Spears, Esq. I. D.# 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff -2- VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) ANDREW C. SPEARS, ESQUIRE, states that he is the attorney for the party filing the foregoing document; 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. Date: S- [1,C, I Q r C ?- ?0 - Andrew C. pears Attorney for Plaintiff -3- CERTIFICATE OF SERVICE I, Andrew C. Spears, attorney for Plaintiff Marcellious, hereby certify that I have it, served the foregoing Complaint by first class mail, postage pre-paid on the day of May 2008, upon the following: Mr. Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Date: 5 Andrew C. Spears, Esquire Attorney for Plaintiff -4- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, Plaintiff, V. CLARA SYKES LACEY, Defendant, CIVIL DIVISION NO. 07-7660 PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANTS (Jury Trial Demanded) V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16231 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, Plaintiff, V. CLARA SYKES LACEY, Defendant, V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants. CIVIL DIVISION NO. 07-7660 (Jury Trial Demanded) PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANTS TO: Prothonotary Kindly issue a Writ of Summons joining Earth Tech, Inc.; Tracy J. Seibert; and Jeffrey A. Horne as Additional Defendants in the above-captioned action. Earth Tech, Inc., 2 Market Plaza Way, Mechanicsburg, Cumberland County, PA 17055. Tracy J. Seibert, 6461 Chambers Hill Road, Harrisburg, Dauphin County, PA 17111. Jeffrey A. Horne, 2 Bypass Road, Dillsburg, York County, PA 17019. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & WEEL, L.L.PA By: JCevin D. Rduch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANTS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of , 2008. Andrew Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, jgL.P/ j By: n D. Ra h, Esquire nsel for efendant t" 1 N C-3. 0 c_ C-= -n cz: 17' C: t r? =-rT CO .*- Z. WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to EARTH TECH, INC., 2 Market Plaza Way, Mechanicsburg, PA 17055 TRACY J. SEIBERT, 6461 Chambers Hill Road, Harrisburg, PA 17111 JEFFREY A. HORNE, 2 ByPass Road, Dillsburg, PA 17019 You are notified that CLARA SYKES LACEY, has joined you as an additional defendant in this action, which you are required to defend. Date: 6/17/08 ??O. ? 4/1 A. it ? - C is R. Lon ono By: Deputy (Seal) No. 07-7660 Civil Term MARCELLIOUS HILL vs CLARASYKESLACEY Defendant EARTH TECH, INC., TRACY J. SEIBERT and JEFFREY A. HORNE Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT KEVIN D. RAUCH, ESQUIRE SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & SKEEL, LLP 1017 MUMMA ROAD, SUITE 300 LEMOYNE, PA 17043 717-901-5916 ID# 83058 Attorney for Defendant SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HILL MARCELLIOUS VS LACEY CLARA SYKES 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 ADD'L DEFENDANT , to wit: SEIBERT TRACY J but was unable to locate Her deputized the sheriff of DAUPHIN serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On July 9th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Postage 1.94 Sheriff of Cumberland County .00 ? 7?'???b ?^^ 26.94 07/09/2008 SUMMERS MCDONNELL HUDOCK Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HILL MARCELLIOUS VS LACEY CLARA SYKES 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 ADD'L DEFENDANT , to wit: HORNE JEFFREY A but was unable to locate Him deputized the sheriff of YORK serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On July 9th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 25.00 ? 7Ii3?6F C)-- 07/09/2008 SUMMERS MCDONNELL HUDOCK Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HILL MARCELLIOUS VS LACEY CLARA SYKES SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT TO ADD'L DEFEN. was served upon EARTH TECH INC the ADD'L DEFENDANT, at 0941:00 HOURS, on the 23rd day of June , 2008 at 2 MARKET PLAZA WAY MECHANICSBURG, PA 17055 by handing to DAVID WOLFE, SENIOR PROGRAM DIRECTOR, ADULT IN CHARGE a true and attested copy of WRIT TO ADD'L DEFEN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.00 Affidavit .00 Surcharge 10.00 (?- .00 "I//51bY 39.00 So Answers: R. Thomas Kline 07/09/20 SUMMERS Sworn and Subscibed to By: before me this day of A. D. mtfitt of the "*1tCrfff Mary Jane Snyder Real Estate Depu William T. Tully Solicitor 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 MARCELLIOUS HILL VS TRACY J. SEIBERT Sheriff s Return No. 2008-T-1415 OTHER COUNTY NO. 07-7660 And now: JULY 7, 2008 at 10:28:00 AM served the within WRIT TO JOIN ADDITIONAL DEFENDANTS upon TRACY J. SEIBERT by personally handing to TRACY J. SEIBERT 1 true attested copy of the original WRIT TO JOIN ADDITIONAL DEFENDANTS and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFFS OFFICE FRONT AND MARKET STREETS HARRISBURG PA 17101 Sworn and subscribed to before me this 7TH day of July, 2008 A!? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County [my Commission Expires Set 1 2010 So Answers, Sheriff o Dauphin County, Pa. By Deputy Sheriff Deputy: KIMBERL BARTO Sheriffs Costs: $47.25 6/23/2008 PEWY PRESSOFYORK, INC. Ph (717) 843.4078 Fax (717) 648.1360 COUNTY OF YORK OFFICE OF THE SHERIFF 3(R 771 9601E 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE ?ic PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE M ONLY LNE,1 THFM 12 DO Nom' MOM AM 'C*P*$ 1 PLAINTIFF/S/ 2. COURT NUMBER 07_7660 C1V11 Marcellious Hill - V -Clara Sykes Lacey 4. TYPE of WRIT OR coMPI.AII? T J A D 3. DEFENDANTlS/ Earth Tech Inc et al Writ to Joined an ENMEMMUNIMM Additional Defendant SERVE 5. NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD 6 ADDRES (STREET OR RFO WITH BOX NUMBER. APT NO., CITY. BORO. TWP. STATE AND ZIP CODE) AT 2 Bypass Road Dillsburg, PA 17019 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE O CERT. MAIL O 1 ST CLASS MAIL LI POSTED O OTHER NOW June 18 20 I, SHERIF OUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this a return ther of according to law. This deputization being made at the request and risk of the plaintiff., --- - SHERIFF OF UNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERMT 0 F C 0 . Cumberland ADV FEE PAID BY ATTY. 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, desbWion, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUFE V I N D. R A U C H , ESQ. 10. TELEPHONE NUMBER 11 DATE FILED 1017 MUMMA ROAD, SUITE 300, LEMOYNE, PA 17043 1717-901-5916 6,17-08 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed it notice is to be mailed) CUMBERLAND CO SHERIFF 13. 1 admowkdge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 6-20-08 7 16-2008 16. HO SERVED: PERSONAL RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O hereby car* and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 8. TIT F INDIVIDUAL / RVED / LIST ADp?S HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 1 . Dated Service 20 4V9 a ? A koae' v vo E Ti Int. Date Time Miles Intl Date Time Miles int. Date Time Miles Int. Date Time Miles Int. Date Time Mika Int. 22 23. Advance Coati 2k. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 C.I. Due Refund Check No, $100. 1 -5, 60 _ . U. F; ng 9pailift CoMa. '> 35. Advance Costs 36 Service osts 37. Notary Cert. 38. Mileage/Postage/Not Found 39. otal Cos 40. Costs Due or Refund 41. AFFIRME['and subsoiibed to befdle me 42. day of a Y 4A L 44, 1' i^-.ARIAL SEAL LISA L. EO`.^.:'^•.PS, NC)TAP,Y PUBLIC C TY OF `"C?K,'7 . PK CCUNTY / ?- ytr DAT 44. Signature of Dep. Sh wilt r (/ 46. SWieture of York 47. DATE R C County D Sheriff P. ER_ B R, SH -F 7-2-2008 48. Sionature at Foreign 49 DATE F:IFILES \Clicnts\ 1039 1 \I 0391.2.pra l Created: 9/20/04 0:06PM Revised: 11/6/08 2:47PM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Additional Defendants MARCELLIOUS HILL, Plaintiff, V. CLARA SYKES LACEY, Defendant, V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7660 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER as counsel on behalf of Additional Defendants in the above matter and issue a rule upon the Defendant Clara Sykes Lacey to file an Additional Defendant Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Additional Defendants hereby demand a twelve juror jury trial in the above captioned action. W By , Jr., Dated: November 7, 2008 I.D. No. 49813 10 East High Street U Carlisle, PA 17013 (717) 243-3341 Attorneys for Additional Defendants RULE AND NOW, this ' day of A2008, a Rule is issued upon the Defendant Clara Sykes Lacey to file a Complaint within twenty (20) days from service hereof. 2 Q r thonotary $0 CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiff Marcellious Hill Kevin D. Rauch, Esquire SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, LLP 1017 Mumma Road Suite 300 Lemoyne, PA 17043 Counsel for Defendant Clara Sykes Lacey MARTSON LAW OFFICES Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 7, 2008 r-, ? `=w n Y'f"Y . ??_{ 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, Plaintiff, CIVIL DIVISION NO. 07-7660 V. COMPLAINT TO JOIN ADDITIONAL CLARA SYKES LACEY, DEFENDANTS Defendant, (Jury Trial Demanded) V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORN, Filed on Behalf of the Defendant Additional Defendants. Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 TO: Additional Defendants You are hereby notified to file a written response to the enclosed Complaint to Join Additional Defendants within twenty (20) day?rom serve hereof or a judg Qe ,iaa je erred against you. SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 Sum(ners, McDonnell, Hudock, Guthrie & Skeel, L.L.P. #16231 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, CIVIL DIVISION Plaintiff, V. NO. 07-7660 CLARA SYKES LACEY, (Jury Trial Demanded) Defendant, V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORN, Additional Defendants. COMPLAINT TO JOIN ADDITIONAL DEFENDANTS AND NOW, comes the Defendant, Clara Sykes Lacey, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Complaint to Join Additional Defendants and in support thereof avers as follows: 1. PARTIES 1. The Plaintiff, Marcellious Hill, is an individual residing at 810 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Clara Sykes Lacey, is an individual residing 810 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Additional Defendant, Earth Tech, Inc., is a corporation, which maintains an office at 2 Market Plaza Way, Suite A, Mechanicsburg, Cumberland County, PA 17055, and which regularly conducts business in Pennsylvania. 4. The Additional Defendant, Tracy J. Siebert, is an individual residing at 6461 Chambershill Road, Harrisburg, PA 17111. 6. The Additional Defendant, Jeffrey A. Horn, is an individual residing at 2 Bypass Road, Dillsburg, PA 17019. II. PROCEDURAL HISTORY 7. On or about April 24, 2008, the Plaintiff, Marcellious Hill, filed suit at the above term and number against the original Defendant, Clara Sykes Lacey, for personal injuries allegedly sustained in a motor vehicle accident which occurred on January 4, 2006. (A true and correct copy of the Plaintiffs' Complaint is attached hereto as Exhibit "A".) 8. On or about June 17, 2008, the Defendant, Clara Sykes Lacey, filed a Praecipe for Writ to Join Additional Defendants against Earth Tech Inc., Tracy J. Seibert, and Jeffrey A. Horn. (A true and correct copy of the Defendant, Clara Sykes Lacey's Praecipe for Writ to Join Additional Defendants is attached hereto as Exhibit ,6B,,.) III. FACTS 9. On the date of the accident, the Defendant, Clara Sykes Lacey, was in the westbound lane of the Carlisle Pike and was attempting to make a left hand turn onto Conodoguinet Avenue between two stopped vehicles in the left eastbound lane of the Carlisle Pike. 10. At the same time and place, the Additional Defendant, Tracy J. Seibert, or alternatively, Jeffrey A. Horn, was operating a 1999 Chevrolet Suburban owned by the Defendant, Earth Tech, Inc., eastbound in the right hand lane of the Carlisle Pike. 11. At the same time and place, the vehicle driven by the Additional Defendant, Tracy J. Seibert, or alternatively, Jeffrey A. Horn, impacted the front passenger side of the vehicle driven by the Defendant, Clara Sykes Lacey. 12. At the time of the accident, the Additional Defendants, Tracy J. Seibert and Jeffrey A. Horn, were in the course and scope of their employment with Earth Tech, Inc. IV. COUNT I (NEGLIGENCE - TRACY J. SEIBERT) 13. The allegations set forth in paragraphs 1 through 12 are incorporated by reference as if fully set forth at length herein. 14. In the event that the Plaintiff is entitled to recovery, which right of recovery is specifically denied, then it is averred that said injuries and damages were the direct and proximate result of the carelessness, negligence, and recklessness of the Additional Defendant, Tracy J. Seibert, generally and in the following particulars: (a) In driving Earth Tech's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; (b) In failing to properly and adequately observe the traffic and road conditions then and there existing; (c) In failing to operate Earth Tech's vehicle at a speed at which he could stop within the assured clear distance ahead, in violation of 75 Pa.C.S. § 3361; (d) In failing to maintain control of Earth Tech's vehicle; (e) In operating Earth Tech's vehicle at an unsafe speed in light of the existing conditions; (f) In failing to have sufficient control of Earth Tech's vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (g) In failing to be continuously alert and in failing to have Earth Tech's vehicle under such control that injury to persons or property could be avoided; (h) In driving in a careless manner, in violation of 75 Pa.C.S.§ 3714; (i) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway in violation of 75 Pa.C.S.§ 3310; 0) In failing to keep a reasonable lookout; and (k) In failing to observe the vehicle driven by the Defendant, Clara Sykes Lacey, upon the roadway. 15. In the event that the Plaintiff is entitled to recovery, which right of recovery is specifically denied, then it is averred the Additional Defendant, Tracy J. Seibert, is solely liable to the Plaintiff, or in the alternative, the Additional Defendant, Tracy J. Seibert, is jointly and severally liable to the Plaintiff with the original Defendant, Clara Sykes Lacey, and by this Joinder, the original Defendant, Clara Sykes Lacey, asserts any and all rights of contribution, indemnity, and/or liability over to the Additional Defendant, Tracy J. Seibert. WHEREFORE, Defendant, Clara Sykes Lacey, respectfully requests this Honorable Court enter Judgment in her favor and against the Additional Defendant, Tracy J. Seibert with costs and prejudice imposed. V. COUNT II (NEGLIGENCE - JEFFREY A. HORN) 16. The allegations set forth in paragraphs 1 through 15 are incorporated by reference as if fully set forth at length herein. 17. In the event that the Plaintiff is entitled to recovery, which right of recovery is specifically denied, then it is averred that said injuries and damages were the direct and proximate result of the carelessness, negligence, and recklessness of the Additional Defendant, Jeffrey A. Horn, generally and in the following particulars: (a) In driving Earth Tech's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; (b) In failing to properly and adequately observe the traffic and road conditions then and there existing; (c) In failing to operate Earth Tech's vehicle at a speed at which he could stop within the assured clear distance ahead, in violation of 75 Pa.C.S. § 3361; (d) In failing to maintain control of Earth Tech's vehicle; (e) In operating Earth Tech's vehicle at an unsafe speed in light of the existing conditions; (f) In failing to have sufficient control of Earth Tech's vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (g) In failing to be continuously alert and in failing to have Earth Tech's vehicle under such control that injury to persons or property could be avoided; (h) In driving in a careless manner, in violation of 75 Pa.C.S.§ 3714; (i) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway in violation of 75 Pa.C.S.§ 3310; (j) In failing to keep a reasonable lookout; and (k) In failing to observe the vehicle driven by the Defendant, Clara Sykes Lacey, upon the roadway. 18. In the event that the Plaintiff is entitled to recovery, which right of recovery is specifically denied, then it is averred the Additional Defendant, Jeffrey A. Horn, is solely liable to the Plaintiff, or in the alternative, the Additional Defendant, Jeffrey A. Horn, is jointly and severally liable to the Plaintiff with the original Defendant, Clara Sykes Lacey, and by this Joinder, the original Defendant, Clara Sykes Lacey, asserts any and all rights of contribution, indemnity, and/or liability over to the Additional Defendant, Jeffrey A. Horn. WHEREFORE, Defendant, Clara Sykes Lacey, respectfully requests this Honorable Court enter Judgment in her favor and against the Additional Defendant, Jeffrey A. Horn with costs and prejudice imposed. VI. COUNT III (VICARIOUS LIABILITY - EARTH TECH, INC.) 19. The allegations set forth in paragraphs 1 through 18 are incorporated by reference as if fully set forth at length herein. 20. It is alleged that the Additional Defendants, Tracy J. Seibert and Jeffrey A. Horn, were in the course and scope of their employment with the Additional Defendant, Earth Tech, Inc., at the time, date, and place of the subject accident. 21. In the event that the Plaintiff is entitled to recovery, which right of recovery is specifically denied, then it is averred that said injuries and damages were the direct and proximate result of the carelessness, negligence, and recklessness of the Additional Defendant, Tracy J. Seibert, or in the alternative, Jeffrey A. Horn, who was acting in the course and scope of his employment with the Additional Defendant, Earth Tech, Inc., who is thus vicariously liable, generally and in the following particulars: (a) In driving Earth Tech's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; (b) In failing to properly and adequately observe the traffic and road conditions then and there existing; (c) In failing to operate Earth Tech's vehicle at a speed at which he could stop within the assured clear distance ahead, in violation of 75 Pa.C.S. § 3361; (d) In failing to maintain control of Earth Tech's vehicle; (e) In operating Earth Tech's vehicle at an unsafe speed in light of the existing conditions; (f) In failing to have sufficient control of Earth Tech's vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (g) In failing to be continuously alert and in failing to have Earth Tech's vehicle under such control that injury to persons or property could be avoided; (h) In driving in a careless manner, in violation of 75 Pa.C.S.§ 3714; (1) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway in violation of 75 Pa.C.S.§ 3310; Q) In failing to keep a reasonable lookout; and (k) In failing to observe the vehicle driven by the Defendant, Clara Sykes Lacey, upon the roadway. 22. In the event that the Plaintiff is entitled to recovery, which right of recovery is specifically denied, then it is averred the Additional Defendant, Earth Tech, Inc., is solely liable to the Plaintiff, or in the alternative, the Additional Defendant, Earth Tech, Inc., is jointly and severally liable to the Plaintiff with the original Defendant, Clara Sykes Lacey, and by this Joinder, the original Defendant, Clara Sykes Lacey, asserts any and all rights of contribution, indemnity, and/or liability over to the Additional Defendant, Earth Tech, Inc. WHEREFORE, Defendant, Clara Sykes Lacey, respectfully requests this Honorable Court enter Judgment in her favor and against the Additional Defendant, Earth Tech, Inc., with costs and prejudice imposed. VII. COUNT IV (NEGLIGENT ENTRUSTMENT - EARTH TECH, INC.) 23. The allegations set forth in paragraphs 1 through 22 are incorporated by reference as if fully set forth at length herein. 24. Additional Defendant, Earth Tech, Inc., knew, or should have known, that Additional Defendant, Tracy J. Seibert, or in the alternative, Jeffrey A. Horn, would be operating its vehicle without reasonable care and safety. 25. In the event that the Plaintiff is entitled to recovery, which right of recovery is specifically denied, then it is averred that said injuries and damages were the direct and proximate result of the carelessness, negligence, and recklessness of the Additional Defendant, Earth Tech, Inc., in negligently entrusting its vehicle to Additional Defendant, Tracy J. Seibert, or in the alternative, Jeffrey A. Horn, and in allowing Additional Defendant, Tracy J. Seibert, or in the alternative, Jeffrey A. Horn, to operate its vehicle when it knew, or should have known, that Additional Defendant, Tracy J. Seibert, or in the alternative, Jeffrey A. Horn, was not fit and/or competent to operate the motor vehicle in a safe, non-negligent manner. 26. In the event that the Plaintiff is entitled to recovery, which right of recovery is specifically denied, then it is averred that said injuries and damages were the direct and proximate result of the carelessness, negligence, and recklessness of the Additional Defendant, Earth Tech, Inc., in allowing Additional Defendant, Tracy J. Seibert, or in the alternative, Jeffrey A. Horn, to operate its vehicle when it knew, or should have known, that Additional Defendant, Tracy J. Seibert, or in the alternative, Jeffrey A. Horn, had the propensity to operate vehicles as set forth below: (a) In careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; (b) Without properly and adequately observing traffic and road conditions; (c) At speeds at which he cannot stop within the assured clear distance ahead, in violation of 75 Pa.C.S. § 3361; (d) Without maintaining control of the vehicle; (e) At unsafe speeds in light of existing conditions; (f) Without sufficient control of the vehicle, which would allow the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (g) Without being continuously alert and having the vehicle under such control that injury to persons or property could be avoided; (h) In a careless manner, in violation of 75 Pa.C.S.§ 3714; (i) In disregard of the speed of vehicles, the condition of highways, and the traffic upon highways in violation of 75 Pa.C.S.§ 3310; 0) Without keeping a reasonable lookout; and (k) Without observing other vehicles upon the roadway. 27. In the event that the Plaintiff is entitled to recovery, which right of recovery is specifically denied, then it is averred the Additional Defendant, Earth Tech, Inc., is solely liable to the Plaintiff, or in the alternative, the Additional Defendant, Earth Tech, Inc., is jointly and severally liable to the Plaintiff with the original Defendant, Clara Sykes Lacey, and by this Joinder, the original Defendant, Clara Sykes Lacey, asserts any and all rights of contribution, indemnity, and/or liability over to the Additional Defendant, Earth Tech, Inc. WHEREFORE, Defendant, Clara Sykes Lacey, respectfully requests this Honorable Court enter Judgment in her favor and against the Additional Defendant, Earth Tech, Inc. with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: i -D. Rhuch, Esquire nsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANTS is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the COMPLAINT TO JOIN ADDITIONAL DEFENDANTS is that of counsel and not of the Defendant. Defendant has read the COMPLAINT TO JOIN ADDITIONAL DEFENDANTS and to the extent that the COMPLAINT TO JOIN ADDITIONAL DEFENDANTS is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the COMPLAINT TO JOIN ADDITIONAL DEFENDANTS is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 1a ' 5-06< Clara Sykes-Lacey #16231 sR Andrew C. Spears, Esq. I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com Attorneys for Plaintiff MARCELLIOUS HILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7660 CLARA SYKES LACEY, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Marcellious Hill, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and makes the within Complaint against Defendant, Clara Sykes Lacey, and avers as follows: 4. Plaintiff, Marcellious Hill, is an adult individual currently residing at 810 Kent Drive, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant, Clara Sykes Lacey, is an adult individual currently residing at 810 Kent Drive, Mechanicsburg, Cumberland County, PA 17050. COUNTI - NEGLIGENCE MARCELLIOUS HILL v. CLARA_SYKES LACEY 11. Paragraphs 1-10 are incorporated herein as if fully set forth below. 12. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Marcellious Hill, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Clara Sykes Lacey, generally and more specifically, as set forth below: (a) In driving Defendants' vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S.A. § 3714; (b) In failing to exercise reasonable care in the operation of Defendants' vehicle for the safety of a guest passenger; (c) In failing to properly and adequately observe the traffic and road .. conditions then and there existing; (d) In failing to operate Defendant's vehicle on the right half of the roadway, in violation of 75 Pa. C.S.A. § 3301; (e) In failing to keep Defendant's vehicle off of the left side of the roadway, in violation of 75 Pa. C.S.A. § 3306; (f) In failing to execute a left hand turn across opposing traffic lanes without allowing adequate space for Defendant's vehicle to execute the turn so as to avoid a collision with opposing traffic; (g) In failing to yield the right-of-way to opposing traffic which was already in the intersection, in violation of 75 Pa. C.S.A. § 3324; (h) In attempting to execute a left hand turn from the right lane when there was a left turn lane from which it would have been prudent to attempt a left turn; -3- (1) In failing to operate her vehicle at a speed at which she could stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; (j) In failing to maintain control of Defendants' vehicle; (k) In operating Defendants' vehicle at an unsafe speed in light of the existing conditions; (1) In failing to have sufficient control of Defendants' vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; (m) In failing to be continuously alert and in failing to have her vehicle under such control that injury to persons or property could be avoided; (n) In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714; (o) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S.A. § 3310(a). 13. As a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill, suffered extensive injuries including, but not limited to, right arm and shoulder injuries with nerve damage, which required surgery and right side pain. 14. As a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill, has suffered a loss of income and will in the future continue to suffer a loss of income and/or earning capacity, to his financial detriment and loss. 15. As a direct and proximate result of the negligence of the Defendant, Clara -4- Sykes Lacey, the Plaintiff, Marcellious Hill, has suffered physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss. 16. As a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and medical attention. 17. As a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill, continues to receive treatment and incur expenses as a result of said injuries, and will most likely continue to do so in the future, to his detriment and loss. 18. As, a direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill, has suffered a loss of life's pleasures and he will continue to suffer the same in the future, to his detriment and loss. 19. Asa direct and proximate result of the negligence of the Defendant, Clara Sykes Lacey, the Plaintiff, Marcellious Hill, has been, and will in the future be, hindered from attending to his daily duties, to his detriment, loss, humiliation, and embarrassment. 20. Plaintiff, Marcellious Hill, believes and, therefore, avers that his injuries are permanent and serious in nature. -5- WHEREFORE, Plaintiff, Marcellious Hill, respectfully request that this Honorable Court enter judgment in his favor in an amount in excess of the compulsory arbitration limits of Cumberland County, PA, plus enter such other orders as are equitable and just. Respectfully submitted, Date: HANDLER, HENNING & ROSENBERG, LLP By: CS Andrew C. pears, Esq. I.D.# 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff -6- VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. Date: Marcellious Hill CERTIFICATE OF SERVICE I, Andrew C. Spears, attorney for Plaintiff Marcellious, hereby certify that I h?ve J served the foregoing Complaint by first class mail, postage pre-paid on the ,Y/ day of April 2008, upon the following: Mr. Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Date: a G C_'__' Andrew C. Spears, Esquire Attorney for Plaintiff -8- 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, Plaintiff, V. CLARA SYKES LACEY, Defendant, V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants CIVIL DIVISION NO. 07-7660 PRAECIPE FOR WRIT TO JOINS N C:a ADDITIONAL DEFENDANTS; <,.. _ (ilk (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16231 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, CIVIL DIVISION Plaintiff, V. NO. 07-7660 CLARA SYKES LACEY, (Jury Trial Demanded) Defendant, V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants. PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANTS TO: Prothonotary Kindly issue a Writ of Summons joining Earth Tech, Inc.; Tracy J. Seibert; and Jeffrey A. Horne as Additional Defendants in the above-captioned action. Earth Tech, Inc., 2 Market Plaza Way, Mechanicsburg, Cumberland County, PA 17055. Tracy J. Seibert, 6461 Chambers Hill Road, Harrisburg, Dauphin County, PA 17111. Jeffrey A. Horne, 2 Bypass Road, Dillsburg, York County, PA 17019. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P,-i By: Aevin u. maucn, csquire Counsel for Defendant 1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANTS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 12008. Andrew Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SIKEEL,1.,,L.P/'1 By: / PX?? Kin D. Ra ch, Esquire C unsel for efendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANTS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of J)(?wnL?6 , 2008. Andrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 (Attorney for Additional Defendants) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL• L.L.P. By: Kevin D. RNuch, Esquire Counsel for Defendant _ of " "S Andrew C. Spears, Esq. I . D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com MARCELLIOUS HILL, Plaintiff V. CLARA SYKES LACEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7660 CIVIL ACTION - LAW PLAINTIFF, MARCELLIOUS HILL'S ANSWER TO DEFENDANT CLARA SYKES LACEY'S ADDITIONAL DEFENDANT COMPLAINT AND NOW comes the Plaintiff, Marcellious Hill, by and through his attorneys, Handler, Henning and Rosenberg, LLP, to file the within Answer and avers as follows: 1. Admitted. 2. Admitted. 3. Plaintiff lacks sufficient information to formulate a response to the averments of this paragraph, so they are therefore denied. 4. Plaintiff lacks sufficient information to formulate a response to the averments of this paragraph, so they are therefore denied. 5. There is no paragraph 5. 6. Plaintiff lacks sufficient information to formulate a response to the averments of this paragraph, so they are therefore denied. II. PROCEDURAL HISTORY 7. Without admission, no response required as Plaintiff's Complaint is a written document which speaks for itself. 8. Without admission, no response required as Defendant's Writ is a written document which speaks for itself. III. FACTS 9. Admitted. 10. Plaintiff lacks sufficient information to formulate a response to the averments of this paragraph, so they are therefore denied. 11. Admitted based upon information and belief. 12. This averment is a conclusion of law and no response is required. To the extent a response may be required, any and all allegations and insinuations of wrongdoing on the part of Plaintiff are hereby denied. IV. COUNT I (NEGLIGENCE - TRACY J. SEIBERT) 11-15. The allegations in these paragraphs are not directed at Plaintiff and no response is required. To the extent a response may be required, any and all allegations and insinuations of wrongdoing on the part of Plaintiff are hereby denied. WHEREFORE, Plaintiff Marcellious Hill respectfully requests this Honorable Court enter Judgment in his favor and enter such other Orders as are equitable and just. V. COUNT II (NEGLIGENCE -JEFFREY A. HORN) 16.-18. The allegations in these paragraphs are not directed at Plaintiff and no response is required. To the extent a response may be required, any and all allegations and insinuations of wrongdoing on the part of Plaintiff are hereby denied. WHEREFORE, Plaintiff Marcellious Hill respectfully requests this Honorable Court enter Judgment in his favor and enter such other Orders as are equitable and just. VI. COUNT III (VICARIOUS LIABILITY - EARTH TECH, INC.) 19.-22. The allegations in these paragraphs are not directed at Plaintiff and no response is required. To the extent a response may be required, any and all allegations and insinuations of wrongdoing on the part of Plaintiff are hereby denied. 3 WHEREFORE, Plaintiff Marcellious Hill respectfully requests this Honorable Court enter Judgment in his favor and enter such other Orders as are equitable and just. VII. COUNT IV (NEGLIGENT ENTRUSTMENT - EARTH TECH, INC.) 23.-27. The allegations in these paragraphs are not directed at Plaintiff and no response is required. To the extent a response may be required, any and all allegations and insinuations of wrongdoing on the part of Plaintiff are hereby denied. WHEREFORE, Plaintiff Marcellious Hill respectfully requests this Honorable Court enter Judgment in his favor and enter such other Orders as are equitable and just. Date: A Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: ( " , Q, Andrew C. spe rs, Esq. I.D.# 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 ©) ANDREW C. SPEARS, ESQUIRE, states that he is the attorney for the party filing the foregoing document; 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. Date: 'vt Andrew C. Spears Attorney for Plaintiff I . CERTIFICATE OF SERVICE I, Andrew C. Spears, attorney for Plaintiff Marcellious, hereby certify that I have served the foregoing Answer b first class mail on the Y , postage pre-paid day of December 2008, upon the following: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Date: 7 C& Andrew C. pears, Esquire Attorney for Plaintiff 6 « t RTILES\Cfients\10391 Tyco Inemational, Inc\10391.2.ansl ' Created: 9/20/04 0:06PM Revised: 8/27/09 9:56AM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Additional Defendants MARCELLIOUS HILL, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLARA SYKES LACEY, Defendant, V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants. NO. 07-7660 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH CROSS-CLAIM TO ADDITIONAL DEFENDANT COMPLAINT TO: CLARA SYKES LACEY, Defendant, and her attorney, KEVIN D. RAUCH, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED CROSS-CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW come Additional Defendants, Earth Tech, Inc., n/k/a AECOM Technical Services, Inc., Tracy J. Seibert and Jeffrey A. Horne, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby respond to the Additional Defendant Complaint as follows: 1. PARTIES L-2. After reasonable investigation, the Answering Additional Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. 3. Denied as stated. To the contrary, Earth Tech, Inc., which was a California corporation, was renamed AECOM Technical Services, Inc., in November 2008. 4. Admitted. 6.[sic] Admitted. II. PROCEDURAL HISTORY 7.-8. No response required. III. FACTS 9. Admitted except that Defendant Clara Sykes Lacey made her left hand turn without ascertaining that it was safe to do so and therefore failed to yield the right-of-way to Additional Defendant Tracy J. Seibert. 10. It is admitted that Additional Defendant Tracy J. Seibert was operating a 1999 Chevrolet Suburban owned by Additional Defendant Earth Tech, Inc., n/k/a AECOM Technical Services, Inc., eastbound on the right hand lane of the Carlisle Pike. It is denied that Additional Defendant Jeffrey A. Horne was operating the vehicle. 11. Admitted that the vehicle driven by Defendant Clara Sykes Lacey pulled into the path of Additional Defendant Tracy J. Seibert's vehicle causing the front of the Seibert vehicle to strike the passenger side of the vehicle driven by Defendant Clara Sykes Lacey. 12. Admitted. IV. COUNT I (NEGLIGENCE - TRACY J. SEIBERT) 13. The averments of paragraphs 1 through 12 of this Answer are hereby incorporated by reference. 14. Denied pursuant to Pa. R.C.P. 1029(e). 15. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Additional Defendant Tracy J. Seibert demands judgment in his favor and dismissal of the Additional Defendant Complaint with prejudice. V. COUNT II (NEGLIGENCE - JEFFREY A. HORNE) 16. The averments of paragraphs 1 through 15 of this Answer are hereby incorporated by reference. 17. Denied pursuant to Pa. R.C.P. 1029(e). 18. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Additional Defendant Jeffrey A. Horne demands judgment in his favor and dismissal of the Additional Defendant Complaint with prejudice. VI. COUNT III (VICARIOUS LIABILITY - EARTH TECH, INC.) 19. The averments of paragraphs 1 through 18 of this Answer are hereby incorporated by reference. 20. Admitted that Additional Defendants Tracy J. Seibert and Jeffrey A. Horne were in the course and scope of their employment at the time of the subject accident. 21. Denied pursuant to Pa. R.C.P. 1029(e). 22. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Additional Defendant Earth Tech, Inc., n/k/a AECOM Technical Services, Inc., demands judgment in its favor and dismissal of the Additional Defendant Complaint with prejudice. VII. COUNT IV (NEGLIGENT ENTRUSTMENT - EARTH TECH, INC.) 23. The averments of paragraphs 1 through 22 of this Answer are hereby incorporated by reference. 24. Denied pursuant to Pa. R.C.P. 1029(e). 25. Denied pursuant to Pa. R.C.P. 1029(e). 26. Denied pursuant to Pa. R.C.P. 1029(e). 27. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Additional Defendant Earth Tech, Inc., n/k/a AECOM Technical Services, Inc., demands judgment in its favor and dismissal of the Additional Defendant Complaint with prejudice. CROSS-CLAIM PURSUANT TO Pa.R.C.P. 1031.1 OF ADDITIONAL DEFENDANTS TRACY J. SEIBERT, JEFFREY A._HORNE AND EARTH TECH, INC. (Tracy J Seibert, Jeffrey A Horne and Earth Tech, Inc. v. Clara Sykes Lacey) 28. The averments of paragraphs 1 through 27 of the Additional Defendants' Answer are hereby incorporated by reference. 29. In the event that the Plaintiff is entitled to recover from any party which is expressly denied, then it is alleged that Defendant Clara Sykes Lacey is solely liable to the Plaintiff or in the alternative jointly and severally liable with the Additional Defendants. By this cross-claim, the Additional Defendants assert any cross-claims for its rights of contribution and/or indemnity and/or liability over against Defendant Clara Sykes Lacey. WHEREFORE, Additional Defendants demand judgment against Defendant Clara Sykes Lacey for the appropriate part of any damages which maybe awarded to Plaintiff. MARTSON LAW OFFICES By Dated: August 27, 2009 Attorneys for Additional Defendants 10 East High Street Carlisle, PA 17013 (717) 243-3341 VERIFICATION I, William E. Garrett, Secretary for Earth Tech, Inc., n/k/a AECOM Technical Services, Inc., acknowledge I have the authority to execute this Verification on behalf of Earth Tech, Inc., n/k/a AECOM Technical Services, Inc., and certify the foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Answer is that of counsel and not my own. I have read the document and to the extent the Answer is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Earth Tech, Inc., Wa AECOM Technical Services, Inc. William E. Garrett F ?nU.1JxCl =UM0391 Tyco lnaodlond. InM0391.7.am1 VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Z"5?'Zxx? 7-i3 -200 Tr y J. F TILESThents,.10391 Tyco Inemational, Inc\10391.2.ansl VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. L4, A• Jeffrey A Horne F:\.FILES\CGentsV0391 Tyco InanationaL N610391.2.ansl CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Additional Defendants' Answer with New Matter Cross-Claim to Defendant's Additional Defendant Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiff Marcellious Hill Kevin D. Rauch, Esquire Matthew Ridley, Esquire SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, LLP 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 Counsel for Defendant Clara Sykes Lacey MARTSON LAW OFFICES By L Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: Augusg 27, 2009 `S'Clvgy r, :F Aw Andrew C. Spears, Esq. I.D.#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com Attorneys for Plaintiff MARCELLIOUS HILL, Plaintiff V. CLARA SYKES LACEY, Defendant V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7660 : CIVIL ACTION -LAW : JURY TRIAL DEMANDED PLAINTIFF, MARCELLIOUS HILL'S ANSWER TO ADDITIONAL DEFENDANTS CROSS-CLAIM AND NOW comes the Plaintiff, Marcellious Hill, by and through his attorneys, Handler, Henning and Rosenberg, LLP, to file the within Answer and avers as follows: CROSS-CLAIM PURSUANT TO Pa.R.C.P. 1031.1 OF ADDITIONAL DEFENDANTS TRACY J. SEIBERT, JEFFREY A. HORNE AND EARTH TECH INC (Tracy J. Seibert. Jeffrey A. Horne and Earth Tech Inc V Clara Sykes Lacey 28. The averments of this paragraph constitute an incorporation paragraph, to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiff are hereby denied. 29. The allegations in these paragraphs are not directed at Plaintiff and no response is required. To the extent a response may be required, any and all allegations and insinuations of wrongdoing on the part of Plaintiff are hereby denied. WHEREFORE, Plaintiff Marcellious Hill respectfully requests this Honorable Court enter Judgment in his favor and enter such other Orders as are equitable and just. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: 1 b By; __a Andrew C. Spears, Esq. I.D.# 87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 10241c1 ANDREW C. SPEARS, ESQUIRE, states that he is the attorney for the party filing the foregoing document; 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. Date: Z 161 Andrew C. Spears Attorney for Plaintiff MARCELLIOUS HILL, Plaintiff V. CLARA SYKES LACEY, Defendant V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7660 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Andrew C. Spears, attorney for Plaintiff Marcellious, hereby certify that I have served the foregoing Answer by first class mail, postage pre-paid on the day of September 2009, upon the following: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Date: 1 Q rj" Andrew . Spears, squire Attorney for Plaintiff OF THE ° , {1'ti ICRY 2009 SEP -3 P ? 0 3 CAMPBELL, CAMPBELL EDWARDS & CONROY, PC Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 By: Tiffany M. Alexander Identification No. 88681 Ph. 610-964-1900 Attorney for Additional Defendants MARCELLIOUS HILL, Plaintiff, V. CLARA SYKES LACEY, Defendant, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7660 CIVIL ACTION - LAW EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of George B. Faller, Jr., Esquire, of MARTSON LAW OFFICES, on behalf of Additional Defendants in the above-captioned matter. Enter the appearance of Tiffany M. Alexander, Esquire of CAMPBELL, CAMPBELL EDWARD & CONROY, PC, on behalf of Additional Defendants in the above-captioned matter. Respectfully S bmitted, By: Tiffany M. xa I.D. Number 886 CAMPBELL, CAMPBELL EDWARD & CONROY, PC Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 (610) 964-1900 Submi By: ?C7 (I/// "I George F ler, Jr., Esquire I.D. Number 49813 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Dated: n* `' ' 1 CERTIFICATE OF SERVICE I, TIFFANY M. ALEXANDER, ESQUIRE, verify that the foregoing Joint Stipulation for Substitution of Counsel was served on October 23, 2008 by first class mail, postage prepaid, addressed as follows: Andrew Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Kevin D. Rauch, Esquire Matthew Ridley, Esquire SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 George B. Faller, Jr., Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Campbell Campbell Edwards & Conroy, P.C. r•. Tif any . Ale er, Esquire OP THE P , NOTARY 2009 OCT 26 PM 2= 23 Cv' t 1%, a ?"OUN TY PRINSYLVGA CAMPBELL CAMPBELL EDWARDS & CONROY, PC Attorney for Additional Defendants By: Tiffany M. Alexander, Esquire Earth Tech, Inc. Attorney I.D. No. 88681 Tracy J. Seibert 690 Lee Road Suite 300 Jeffrey A. Horn Wayne, PA 19087 (610) 964-1900 MARCELLIOUS HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION V. CLARA SYKES LACEY, NO. 07-7660 n Defendant, s ' rT1 c?: V. EARTH TECH, INC., TRACY J. SEIBERT, and rn JEFFREY A. HORN, Additional Defendants. - r- MOTION FOR THE ADMISSION PRO HAC VICE OF R. KENT WARREN, ESQ., ON BEHALF OF CHRISTOPHER A. BRADFIELD Additional Defendants Earth Tech, Inc., Tracy J. Seibert and Jeffrey A. Horn ("Additional Defendants") by and through their attorneys, Campbell Campbell Edwards & Conroy, P.C., hereby move pursuant to PA. R. Civ. P. 1012.1 for the Admission Pro Hac Vice of R. Kent Warren, Esquire, for the purpose of assisting in the defense of this lawsuit and, in support thereof, aver as follows: 1. Mr. Warren is a staff attorney with the law firm of Shook, Hardy & Bacon L.L.P., located at 2555 Grand Blvd., Kansas City, Missouri 64108. 2. Mr. Warren has been a member of good standing and admitted to practice before the court of the State Courts of Missouri and North Carolona; the United States District Court District of Kansas and the United States District Court for the Western District of North Carolina. (See Affidavit of R. Kent Warren, Esquire and Certificates of Good Standing attached as collective Exhibit "A" hereto). 3. Mr. Warren has been requested by Additional Defendants to assist in representing them in this matter due to his extensive experience with the area of law involved in this matter as well as a long standing relationship with the clients. 4. As counsel of record for Additional Defendants, I hereby certify that all requirements of Pa. Rule 1012.1 are and have been met with respect to this application. (See Verification of Tiffany M. Alexander, Esquire attached as Exhibit "B" hereto). 5. Pursuant to Pa. R. Civ. P. 1012.1, certification is made that the $100.00 fee to the Pennsylvania IOLTA Board was paid on March 30, 2010. (See Letter from IOLTA Board attached as Exhibit "C" hereto). 6. Mr. Warren agrees to be bound by the Pennsylvania Rules of Court, the Local Rules of the Cumberland County Court of Common Pleas and the Pennsylvania Rules of Professional Conduct. WHEREFORE, Additional Defendants Earth Tech, Inc., Tracy J. Seibert and Jeffrey A. Horn respectfully request that Mr. Warren be admitted pro hac vice to the bar of this Court for the purposes of representing them in this matter. Campbell Campbell Edwards & Conroy, P.C. By: (N` IA.- I Tiffa y 1 xander, Esquire Dated: March 31, 2010 CAMPBELL, CAMPBELL EDWARDS & CONROY, PC Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 By: Tiffany M. Alexander Identification No. 88681 Ph. 610-964-1900 Attorney for Defendant EarthTech, Inc. MARCELLIOUS HILL, Plaintiff, V. : CLARA SYKES LACEY, Defendant, V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORN, Additional Defendants. IN THE COURT OF COMMON PLEAS UP CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-7660 AFFIDAVIT OF R. KENT WARREN STATE OF MISSOURI ) ) ss: COUNTY OF JACKSON ) I, R. Kent Warren, being first duly sworn upon his oath, deposes and states as follows: 1. I am one of the attorneys representing Defendants in this matter. This affidavit is offered in support of their motion for my admission pro hac vice in this action. 2. I am an attorney-at-law in the State of Missouri with the law firm of Shook, Hardy, & Bacon L.L.P., 2555 Grand Boulevard, Kansas City, Missouri 64108. 3. I am an attorney and a member in good standing (statements attached) of the bars of the highest courts of the following states: 3919784 v1 )Ot h S? ?!) .S?tyy9f?iJ(. /??"tt?? Pe' 7ISAG\7 The Supreme Court of Missouri papa ?9gy4 ppP p Appp4 e d Certificate of Admission as an Attorney at Law I, Thomas F. Simon, Clerk of the Supreme Court of Missouri, do hereby certify that the records of this office show that on September 12, 2007, W96ert ant Warren was duly admitted and licensed to practice as an Attorney and Counselor at Law in the Supreme Court of Missouri and all courts of record in this state, and is, on the date indicated below, a member in good standing of this Bar. IN TESTIMONY WHEREOF, I hereunto set my hand and affix the seal of the Supreme Court of Missouri at my office in Jefferson City, Missouri, this 22nd. day of March, 2010. Clerk of the Supreme Court of Missouri Supreme Court OF THE STATE OF NORTH CAROLINA I, Christie Speir Cameron, Clerk of the Supreme Court of North Carolina, do hereby certify that on March 29, 2008, a license to practice as an Attorney and Counselor at Law in all the Courts of this State was issued by the North Carolina Board of Law Examiners to according to the certified list of licentiates reported by the Secretary of said Board and filed in my office as required by statute. To the date of this certificate, no order revoking said license has been filed with this Court and no order suspending same is in effect. WITNESS my hand and the Seal of the Supreme Court of North Carolina at the office in Raleigh, this March 23, 2010 Christie Speir Cameron Clerk of the Supreme Court of the State of North Carolina CAMPBELL CAMPBELL EDWARDS & CONROY, PC By: Tiffany M. Alexander, Esquire Attorney I.D. No. 88681 690 Lee Road Suite 300 Wayne, PA 19087 (610) 964-1900 Attorney for Additional Defendants Earth Tech, Inc. Tracy J. Seibert Jeffrey A. Horn MARCELLIOUS HILL, Plaintiff, V. CLARA SYKES LACEY, Defendant, V. EARTH TECH, INC., : TRACY J. SEIBERT, and JEFFREY A. HORN, : Additional Defendants. NO. 07-7660 VERIFICATION OF TIFFANY M ALEXANDER, ESQUIRE IN SUPPORT OF THE APPLICATION FOR PRO HAC VICE ADMISSION FOR R. KENT WARREN, ESQUIRE 1. I am an associate with the law firm of Campbell Campbell Edwards & Conroy, P.C, counsel of record for Additional Defendants Earth Tech, Inc., Tracy J. Seibert and Jeffrey A. Horn in this matter. 2. I am admitted to the bar of the Commonwealth of Pennsylvania and hereby move for the admission of R. Kent Warren, Esquire pro hac vice in this matter. 3. I believe that Mr. Warren is a highly reputable and competent attorney and as such, I recommend his admission. 4. I hereby certify, in accordance with Pa. R. Civ. P. 1012.1(d)(2)(iii) that the IN THE COURT OF COMMON PLEAS Ur CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION proceeds from the settlernent of this matter shall be received, held, distributed and accounted for in accordance with Rule 1.15 of the Pennsylvania Rules of Professional Conduct, including the IOLTA provisions thereof, if applicable. 5. I hereby affirm that the statements contained herein are true and understand that false statements made herein are subject to the penalties of 18 PA. C.S., Subsection 4904, relating to unswom falsification to authorities. Respectfully, A0 Ti fan e ander, Esquire Dated: March 31, 2010 MRI/30/2013/TUE :0:35 AM FAX No. P. 002/002 SUPRIE COURT OF PENNSYLVANIA PENNSYLVANIA INTEREST ON LAWYERS TRUST ACCOUNT BOARD March 30, 2010 Sent by fax to 816-421-5547 Robert Kent Warren, Esq. 2555 Grand Blvd. Kansas City, MO 64108 Dear Attorney Warren: This letter serves as the fee payment certification referenced in 204 Pa Code §81.503 and acknowledges receipt of the $100 fee paid by Check, no. 132099, on this date related to your pursuit for admission pro hae vice in the case identified as Marcellious Hill v. Clara Lacey v. Earth Tech, Inc., et al., no. 07- 7660, filed in the court of Common Pleas of Cumberland County. You should refer to Pa Rule of Civil Procedure 1012.1, local court rules, and other regulations of 204 Pa Code §81.501 et. seal. concerning additional requirements related to seeking pro hac vice admission. Sincerely, 0.? Alfre . Azen Executive Director cc: Tiffany M. Alexander, Esq. (610) 964-1981 G:CL,'D0C/PHV'12010/1Vlarch/March 30 2010 Pennsylvania Judicial Center 601 Commonwealth Ave., Ste. 2400 PO Boy 62445, Harrisburg, PA 17106.2445 717,"138-2001 • 88WA-IOLTA (724-6582) • 717/=-2003 FAX paiolta@pacourtsms • www.paiolta.org Administering Pennsylvania's Interest On Lawyers Trust Account (IOLTA) Program CERTIFICATE OF SERVICE I, TIFFANY M. ALEXANDER, ESQUIRE, verify that the foregoing Motion for the Admission Pro Hac Vice of R. Kent Warren was served on March 31, 2010 by first class mail, postage prepaid, addressed as follows: Andrew Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 PH: (717) 238-2000 Fax: (717) 233-3029 Kevin D. Rauch, Esquire Matthew Ridley, Esquire SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 PH: (717) 901-5916) Fax: (717) 920-9129 Campbell Campbell Edwards & Conroy, P.C. f, .0 Tiffany. . Al tlder, Esquire MARCELLIOUS HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CLARA SYKES LACEY, Defendant v. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORN, Additional Defendants CIVIL ACTION - LAW : NO. 07-7660 CIVIL TERM IN RE: MOTION FOR THE ADMISSION PRO HAC VICE OF R. KENT WARREN, ESQ., ON BEHALF OF CHRISTOPHER A. BRADFIELD ORDER OF COURT AND NOW, this 9ffi day of April, 2010, upon consideration of the Motion for the Admission Pro Hac Vice of R. Kent Warren, Esq., on Behalf of Christopher A. Bradfield, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, 0 to C- c? esley 01 4, Jr., J. VV / Andrew Spears, Esq. 1300 Linglestown Road =< Harrisburg, PA 17110 < evin D. Rauch, Esq. Matthew Ridley, Esq. 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 iffany M. Alexander, Esq. Campbell, Campbell, Edwards & Conroy, PC Chesterbrook Corporate Center 690 Lee Road Suite 300 Wayne, PA 19087 Attorney for Defendant EarthTech, Inc. :rc Col t ?s rn ? t ?c?. yea to a_ . .f JUL 072010 MARCELLIOUS HILL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• NO. 07-7660 CLARA SYKES LACEY, . Defendant :CIVIL ACTION -LAW v. EARTH TECH, INC., . TRACY J. SEIBERT, and :JURY TRIAL DEMANDED JEFFREY A. HORNE, : Additional Defendants ORDER AND NOW, this~dayof ~ ~ l "1 , 2010, upon consideration of Plaintiff, Marcellious Hill's, Motion for Status Conference, IT IS HEREBY ORDERED that a Status Conference shall be held on the o7-~~ day of .~ , 2010, at~~ ~.M. in Chambers of the Cumberland County Courthouse, One Courthouse Square Carlisle, Pennsylvania 17013. It is so ordered. L-OJI~ES rri.~~~ 7 Q~ t~ ~''? ~ ~ .nr2r~:.1~. ~. J- BY THE COURT: L ~... /~ ~~' ~"~~~`` ~ J. ~~~ ~~tGe da `f~c.e. ~ro~.ayro~ 20~o J~~ - 9 rz : oo p CuN•t,6F.Rl,sk.rtD CovNTy ~ERiNs yL v'`~'^l eft MARCELLIOUS HILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA v CIVIL ACTION - LAW N0. 07-7660 CIVIL TERM CLARA SYKES LACEY, Defendant v EARTH TECH, INC., ~ ~ TRACY J. SEIBERT, and -- JEFFREY A. HORNE, EMANDED C7 ~ Z Additional Defendants JURY TRIAL D a IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 25th day of August, 2010, upon consideration of Plaintiff's Motion for a Status Conference, and following a status conference held in the chambers of the undersigned judge, in which Plaintiff was represented by Andrew C. Spears, Esquire, Defendant Lacey was represented by Matthew Ridley, Esquire, and Additional Defendants Earth Tech, Inc., Seibert, and Horne were represented by Meaghann C. Hayes, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. Records discovery shall be complete as of November 30, 2010; 2. Plaintiff's expert report(s) shall be due by December 31, 2010; 3. Defendants/Additional Defendants' expert report(s) shall be due by January 31, 2011; 4. Any dispositive motions shall be filed on or before February 28, 2011; 5. Counsel shall list the case for trial during the May 2011 trial term to the extent that rulings on any dispositive motions have been made prior to the closing of the list for that term; and 6. The undersigned judge should not be assigned this case because his nephew is employed by Mr. Spears' firm. Andrew C. Spears, Esquire 1300 Linglestown Road Harrisburg, PA 17110 For Plaintiff Matthew Ridley, Esquire 100 Sterling Parkway Suite 306 Mechanicsburg, PA 17050 For Defendant Lacey /Meaghann C. Hayes, Esquire 690 Lee Road Wayne, PA 19087 For Additional Defendants :mae ~o ~'E.s rh,at ~~ Q~~~~v ~~ By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, Plaintiff, CIVIL DIVISION V. CLARA SYKES LACEY, Defendant, V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants. NO. 07-7660 (Jury Trial Demanded) n n ? ? .-, -? x -`?? -? c') -u rn z-n ? ? m -? ° C:3 D CO ORDER AND NOW, this day of ?--, 2010, it is hereby ORDERED, that the Defendant's Motion to Compel Compliance with Subpoena is granted. Nextel is hereby ordered to comply with the subpoena requesting records of the Additional Defendant, Earth Tech, Inc., regarding incoming calls, outgoing calls, and text messages made or received by the Additional Defendants, Tracy J. Seibert and Jeffrey A. Horne, on January 4, 2006, within twenty (20) days of the date of this Order or face such sanctions as the Court may impose, including, but not limited to, reasonable attorney's fees in pursuing compliance with this subpoena. Distribution List evin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Counsel for Defendant) ndrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) randon Gutshall, Esquire Shook, Hardy & Bacon, L.L.P. 255 Grand Boulevard Kansas City, MO 64108 (Attorney for Additional Defendants, Earth Tech., Inc., Tracy J. Seibert and Jeffrey A. Horn) Q:? 1 I >te rYL`c?tLSG.L DEC 162011-1 DEC 16 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, Plaintiff, V. CLARA SYKES LACEY, Defendant, V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants. CIVIL DIVISION NO. 07-7660 (Jury Trial Demanded) c C) C1D rT? = CD ?o z? n D fi D I O OD ORDER AND NOW, this da of y Gam'! v , 2010, it is hereby ORDERED, that the Defendant's Motion to Compel Compliance with Subpoena is granted. AT&T is hereby ordered to comply with the subpoena requesting records regarding incoming calls, outgoing calls, and text messages made or received by the Additional Defendant, Jeffrey A. Horne, on January 4, 2006, within twenty (20) days of the date of this Order or face such sanctions as the Court may impose, including, but not limited to, reasonable attorney's fees in pursuing compliance with this subpoena. Distribution List ? Kevin D. Rauch, Esquire Summers, McDonnell, Hudock Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 N _O O rT'1 n -J 5 ndrew C. Spears, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) randon Gutshall, Esquire Shook, Hardy & Bacon, L.L.P. 255 Grand Boulevard Kansas City, MO 64108 (Attorney for Additional Defendants, Earth Tech., Inc., Tracy J. Seibert and Jeffrey A. Horn) eD'IJ6 £? MYLaI c lot?6??dc> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCELLIOUS HILL, Plaintiff, CIVIL DIVISION V. CLARA SYKES LACEY, Defendant, V. EARTH TECH, INC., TRACY J. SEIBERT, and JEFFREY A. HORNE, Additional Defendants. NO. 07-7660 (Jury Trial Demanded) PRAECIPE TO SETTLE AND DISCONTINUE TO: Prothonotary rrn t"F =: - ;o cnt y- - a _n - - D q! C? t i W} x- Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, HANDLER, HENNING & ROSENGERG, LLP (??p By: - Andrew ears, Esquire Counsel for Plaintiff