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HomeMy WebLinkAbout08-4280ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com CALVIN HUNTER, JUDY HUNTER, WAYNE USHER, CINDY USHER, and MICHAEL DOWNING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 68 - #ASL") (2to-L"'F" V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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. ORIGINAL 378634 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 Bar Association 32 South Bedford Street Carlisle, PA Telephone number (717)-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes paginas, debe tomar acci6n dentro de los prbximos veinte (20) dias 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 falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED 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 Bar Association 32 South Bedford Street Carlisle, PA Telephone number (717)-249-3166 378634 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attomey ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com 1-1-IL V IN HUNTER, JUDY HUNTER, WAYNE USHER, CINDY USHER, and MICHAEL DOWNING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. D P- ya go Cam.! 7-"-? V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Calvin Hunter and Judy Hunter are adult individuals, husband and wife, and citizens of the State of Maine who reside in Auburn, Androscoggin County, Maine. 2. Plaintiffs Wayne Usher and Cindy Usher are adult individuals, husband and wife, and citizens of the State of Maine who reside in Poland, Androscoggin County, Maine. 3. Plaintiff Michael Downing is an adult individual and citizen of the State of Maine who resides in Minot, Androscoggin County, Maine. 4. Defendant Robert Hockley is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 87 Ball Park Drive, Gardners, Cumberland County, Pennsylvania, 17324. 5. Defendant H. David Pitzer Trucking, Inc. (hereinafter "Pitzer Trucking") is a trucking company that is incorporated under the laws of Pennsylvania with a business address of 1885 Center Mills Road, Aspers, Adams County, Pennsylvania, 17304. 378634 6. The facts and occurrences hereinafter related took place on or about August 27, 2006, at approximately 8:29 p.m. on Interstate 81, Cumberland County, Pennsylvania. 7. Plaintiff Wayne Usher was the driver of a 2006 Ford Escape. 8. Plaintiff Calvin Hunter was a passenger in the left rear backseat of the vehicle driven by Plaintiff Wayne Usher. 9. Plaintiff Michael Downing was a passenger in the right rear seat of a vehicle driven by Plaintiff Wayne Usher. 10. The Plaintiffs, Calvin Hunter, Wayne Usher, and Michael Downing were traveling within the left lane of travel for northbound traffic on Interstate 81, Cumberland County, Pennsylvania. 11. At the same time, Defendant Robert Hockley, while in the course and scope of his employment with Defendant Pitzer Trucking, was operating a 1999 International 9400 tractor, pulling a trailer, also traveling in a northbound direction on Interstate 81 in the left lane of travel. 12. Defendant Robert Hockley failed to notice that traffic had slowed in front of him and caused his tractor to strike the rear of the 2006 Ford Escape being operated by Mr. Usher. 13. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Calvin Hunter, Judy Hunter, Wayne Usher, Cindy Usher, and Michael Downing are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Robert Hockley, while in the course and scope of his employment with Defendant Pitzer Trucking, operated his motor vehicle as follows: a) failure to have his tractor under such control as to be able to stop within the assured clear distance ahead; b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; 378634 2 c) failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiffs' vehicle; d) failure to travel at a safe speed; e) failure to keep a proper watch for traffic on the highway; f) failure to keep proper and adequate control over his vehicle; and g) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights an d safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Calvin Hunter v. Robert Hockle and H. David Pitzer Truckin Inc. 14. Paragraphs 1 through 13 of the Complaint are incorporated herein by reference. 15. Plaintiff Calvin Hunter sustained painful and severe injuries, which include but are not limited to chronic low back pain aggravating a pre-existing condition. 16. By reason of the aforesaid injuries sustained by Plaintiff Calvin Hunter, he was forced to incur liability for chiropractic treatment and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. IT As a result of the aforementioned injuries, Plaintiff Calvin Hunter has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 18. As a result of the aforesaid injuries, Plaintiff Calvin Hunter has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. CLAIM II Judy Hunter v. Robert Hockley and H David Pitzer Trucking, Inc 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference. 378634 3 20. As a result of the aforementioned injuries sustained by her husband, Plaintiff Calvin Hunter, Plaintiff Judy Hunter has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. CLAIM III Wavne Usher V. Robert HOCklev and H David Pitzer Trucking r.- 21. Paragraphs 1 through 20 of the Complaint are incorporated herein by reference. 22. Plaintiff Wayne Usher sustained painful and severe injuries, which include but are not limited to a concussion resulting in headaches, dizziness, and memory problems. Additionally, Plaintiff Wayne Usher sustained a cervical strain and radiating low back pain. 23. By reason of the aforesaid injuries sustained by Plaintiff Wayne Usher, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 24. Because of the nature of his injuries, Plaintiff Wayne Usher has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 25. As a result of the aforementioned injuries, Plaintiff Wayne Usher has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 26. As a result of the aforesaid injuries, Plaintiff Wayne Usher has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 378634 4 27. Plaintiff Wayne Usher continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 28. As a result of the aforementioned injuries, Plaintiff Wayne Usher has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. CLAIM IV Cindv Usher Y Robert Hocklev and H David PitzeI. Truckin.. Inc 29. Paragraphs 1 through 28 of the Complaint are incorporated herein by reference. 30. As a result of the aforementioned injuries sustained by her husband, plaintiff Wayne Usher, Plaintiff Cindy Usher has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. CLAIM V Michael Downin v. Robert Hockle and H. David Pitzer Trackin Inc. 31. Paragraphs 1 through 30 of the Complaint are incorporated herein by reference. 32. Plaintiff Michael Downing sustained painful and severe injuries, which include but are not limited to cervical and thoracic spine pain, headaches, low back pain, chest pain, and left ulnar paresthesias. 33. By reason of the aforesaid injuries sustained by Plaintiff Michael Downing, he was forced to incur liability for medical treatment, medications, hospitalization, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 378634 5 34. Because of the nature of his injuries, Plaintiff Michael Downing has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 35. As a result of the aforementioned injuries, Plaintiff Michael Downing has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 36. As a result of the aforesaid injuries, Plaintiff Michael Downing has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 37. Plaintiff Michael Downing continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 38. As a result of the aforementioned injuries, Plaintiff Michael Downing has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 378634 6 WHEREFORE, Plaintiffs Calvin Hunter, Judy Hunter, Wayne Usher, Cindy Usher, and Michael Downing demand judgment against Defendants Robert Hockley and H. David Pitzer Trucking, Inc., in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C Date: -7,1 LP _A Dabiti'L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 378634 7 VERIFICATION We, Wayne Usher and Cindy Usher, plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unworn falsification to authorities. WITNESS: Wayne her Cindy Us r Dated: ' 378634 VERIFICATION We, Calvin Hunter and Judy Hunter, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities. WITNESS: Dated: Calvin Hunter Judy unter 378634 VERIFICATION I, Michael Downing, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, infonnation and belief. I understand that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unworn falsification to authorities. WITNESS: Dated: / h&J M 378634 W V 1 N 77 4._. r i3 ?,l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUNTER CALVIN ET AL VS HOCKLEY ROBERT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT TT TIT T TT TI TI T Mr77PIn TTI T Tf" VT TTr TTT(I to wit: but was unable to locate Them deputized the sheriff of ADAMS serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 15th , 2008 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answers: Docketing 6.00 Out of County 9.00 _; 4os ''rte Surcharge 10.00 ail pgb R. Thomas Kline Dep Adams County 38.00 Sheriff of Cumberland County Postage 1.76 08/15/2008 ANGINO & ROVNER Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Calvin Hunter et al VS. Robert Hockley et al SERVE: H. David Pitzer Trucking Inc No. 08-4280 civil Now, July 22, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, August 6 , 2008 , at 4:47 o'clock P. M. served the within Complaint in Civil Action upon H. David Pitzer Trucking, Inc. at 1885 Center Mills Road, Aspers, PA by handing to Shirley Tbomas, adult in charge at time of service a true & attested copy of the original complaint and made known to Shirley Thomas the contents thereof. So an 'es, 77 jr De S riff riof Sworn and subscribed before me this day of N/A , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT /1Kevin Miller LA J - IrY?. ?LSLt?, Adams -f County, PA $18.00 20.00 $ 38.00 Pd. 8/12108 RSK .9 hl' R r C`y I ?f' F +1 u SHERIFF'S RETURN - REGULAR CASE NO: 2008-04280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUNTER CALVIN ET AL VS HOCKLEY ROBERT ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOCKLEY ROBERT the DEFENDANT at 0815:00 HOURS, on the 2nd day of August , 2008 at 87 BALL PARK DRIVE GARDNERS, PA 17324 ROBERT HOCKLEY by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 11.00 .00 10.00 R. Thomas Kline .00 39.00 08/15/2008 ANGINO & ROVNER By. day A. D. / _% Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Stephanie L. Hersperger, Esquire E-mail: shersperger@tthlaw.com Attorney I.D. No. 78735 (717) 255-7239 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 FAX (717) 237-7105 Attorneys for Defendants: CALVIN HUNTER, JUDY HUNTER, IN THE COURT OF COMMON PLEAS OF WAYNE USHER, CINDY USHER, CUMBERLAND COUNTY, PENNSYLVANIA and MICHAEL DOWNING, Plaintiffs V. CIVIL ACTION - LAW NO. o8-428o CIVIL TERM ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, Stephanie L. Hersperger, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Robert Hockley and H. David Pitzer Trucking, Inc., in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 STEPHANIE L. HERSPERGER, ESQUIRE Attorney I.D. No. 78735 Attorneys for Defendants, ROBERT HOCKLEY AND H. DAVID PTTZER TRUCKING, INC. CALVIN HUNTER, JUDY HUNTER, IN THE COURT OF COMMON PLEAS OF WAYNE USHER, CINDY USHER, CUMBERLAND COUNTY, PENNSYLVANIA and MICHAEL DOWNING, Plaintiffs V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants : CIVIL ACTION - LAW : NO. o8-428o CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of August, 2008, on all counsel of record as follows: David L. Lutz, Esquie ANGINO & ROVNER 4503 North Front Street Harrisburg, Pennsylvania 17110 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP Stephen . Geduldig, Esquire 621347.1 r -TI ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attomey ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com CALVIN HUNTER, JUDY HUNTER, WAYNE USHER, CINDY USHER, and MICHAEL DOWNING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-4280 Civil Term V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants CIVIL ACTION LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT ROBERT HOCKLEY - SET NO. 1 To: Defendant Robert Hockley, by and through counsel Stephen Geduldig, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on August 27, 2006, you were involved in a motor vehicle collision on Interstate 81, Cumberland County, Pennsylvania? Admit Deny 393641 2. Do you admit that at the time of the subject motor vehicle collision, you were in the course and scope of your employment with Pitzer Trucking? Admit Deny 3. Do you admit that on August 27, 2006, before the subject motor vehicle collision, you were operating a 1999 International 9400 tractor, pulling a trailer, traveling a northbound direction on Interstate 81 ? Admit Deny 4. Do you admit that before the subject motor vehicle collision of August 27, 2006, you were in the left lane of Interstate 81 and permitted the front of your tractor to collide into the rear of a 2006 Ford Escape? Admit Deny ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Date: Attorney for Plaintiffs 393641 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT ROBERT HOCKLEY - SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Mary T. G is Dated: ? -?? - & 393641 sus [?, ?, rau rl cJ? ca %, tt Stephen E. Geduldig, Esquire E-mail: sgeduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Jeffrey M. McCormick, Esquire E-mail: jmccormick@tthlaw.com Attorney I.D. No. 95049 (717) 441-7057 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants CALVIN HUNTER, JUDY HUNTER, WAYNE USHER, CINDY USHER, and MICHAEL DOWNING, Plaintiffs V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o8-428o CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jeffrey M. McCormick, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Robert Hockley and H. David Pitzer Trucking, Inc., in the above-captioned matter. Date: le-3-U% By: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP JeTfrey M. McCormick, Esquire Attorney I.D. No. 95049 Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 3 d day of October, 2008, on all counsel of record as follows: David L. Lutz, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & LP Je y M. McCormick, Esquire 2 ?"? N .) ?' ? ? ?. r.?a ?' ---{ T ?? , ---9 3 tl;_ ? -? ?.? ??- ;' r ?? ? , -_ ( ` `, t = t.,w s . ^ ;. ?._ Stephen E. Geduldig, Esquire E-mail: seduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Jeffrey M. McCormick, Esquire E-mail: jmccormick@tthlaw.com Attorney I.D. No. 95049 (717) 441-7057 THOMAS, THOMAS & HAFEP, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants CALVIN HUNTER, JUDY HUNTER, IN THE COURT OF COMMON PLEAS WAYNE USHER, CINDY USHER, CUMBERLAND COUNTY, PENNSYLVANIA and MICHAEL DOWNING, Plaintiffs CIVIL ACTION -LAW V. NO. 08-4280 CIVIL TERM ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and their counsel: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. THOMAS, THOMAS & R, P Stephen E. Geduldig, Esquire I.D. No. 43530 Jeffrey M. McCormick, Esquire I.D. No. 95049 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7057 Attorneys for Defendants Stephen E. Geduldig, Esquire E-mail: Geduldig@tthlaw.com Attorney I.D. No. 43530 (717) 237-7119 Jeffrey M. McCormick, Esquire E-mail: jmccormick@ttMaw.com Attorney I.D. No. 95049 (717) 441-7057 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants CALVIN HUNTER, JUDY HUNTER, WAYNE USHER, CINDY USHER, and MICHAEL DOWNING, Plaintiffs V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-4280 CIVIL TERM JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT AND NOW, come Defendants, Robert Hockley and H. David Pitzer Trucking, Inc. ("Defendants"), by and through their undersigned counsel, Jeffrey M. McCormick, Esquire, of Thomas, Thomas & Hafer, LLP, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 2. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 3. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 4. It is admitted that Defendant Robert Hockley is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 87 Ball Park Drive, Gardners, Pennsylvania, 17324. It is denied that Gardners, Pennsylvania is located in Cumberland County, as it is located in Adams County. 5. Admitted. 6. Admitted based on information and belief. 7. Admitted based on information and belief. 8. Admitted based on information and belief. 9. Admitted based on information and belief. 10. Admitted based on information and belief. 11. Admitted based on information and belief. 12. It is admitted that Defendant Robert Hockley failed to stop his vehicle behind the 2006 Ford Escape being operated by Plaintiff Wayne Usher prior to contacting the rear of such vehicle. To the extent that paragraph 12 of Plaintiffs' Complaint purports to aver additional facts the same are denied pursuant to Pa. R.C.P. 1029(e). 13. (a-g) It is admitted that Hockley negligently caused the accident. The remaining averments are denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Robert Hockley and H. David Pitzer Trucking, Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. CLAIM I Calvin Hunter v. Robert Hockley and H David Pitzer Trucking, Inc 14. No response is required as this is a paragraph of incorporation. 15. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 16. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 2 17. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 18. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Robert Hockley and H. David Pitzer Trucking, Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. CLAIM II Judy Hunter v. Robert Hockley and H David Pitzer Trucking, Inc 19. No response is required as this is a paragraph of incorporation. 20. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Robert Hockley and H. David Pitzer Trucking, Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. CLAIM III Wayne Usher v. Robert Hockley and H David Pitzer Trucking, Inc 21. No response is required as this is a paragraph of incorporation. 22. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 23. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 24. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 25. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 26. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 27. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 28. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 3 WHEREFORE, Defendants, Robert Hockley and H. David Pitzer Trucking, Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. CLAIM IV Cindy Usher v. Robert Hockley and H David Pitzer Trucking, Inc 29. No response is required as this is a paragraph of incorporation. 30. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Robert Hockley and H. David Pitzer Trucking, Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. CLAIM V Michael Downing v. Robert Hockley and H David Pitzer Trucking, Inc 31. No response is required as this is a paragraph of incorporation. 32. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 33. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 34. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 35. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 36. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 37. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 38. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 4 WHEREFORE, Defendants, Robert Hockley and H. David Pitzer Trucking, Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. NEW MATTER 39. Defendants, Robert Hockley and H. David Pitzer Trucking, Inc., incorporate herein by reference, as if fully set forth at length, Paragraphs 1 through 38 of their Answer to Plaintiffs' Complaint. 40. Some or all of Plaintiffs' claims may be barred or limited by application of the Pennsylvania Financial Responsibility Act. 41. Plaintiffs may have selected "limited tort" or its equivalent, which may affect their recovery in this case. 42. It is specifically denied that any act or omission on the part of Defendants caused or contributed to all of Plaintiffs' alleged injuries or damages. 43. Some or all of Plaintiffs' claims may be barred or reduced by previous payments for which Defendants are entitled to a credit. 44. Some or all of Plaintiffs' claims may be barred or limited by the statute of limitations, accord and satisfaction, release, and failure to join causes of action. 45. Some or all of Plaintiffs' claims may be barred or limited by their failure to mitigate their damages. 5 WHEREFORE, Defendants, Robert Hockley and H. David Pitzer Trucking, Inc., respectfully request that judgment be entered in their favor and against the Plaintiffs. THOMAS, THOMAS & HAFER L Stephen E. Geduldig, Esquire I.D. No. 43530 Jeffrey M. McCormick, Esquire I.D. No. 95049 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7057 635298.1 Attorneys for Defendants 6 VERIFICATION 1. Robert Hockley, hereby verify that the averments made in the foregoing ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. s' o Y 1j Date Robert ockley 633652.2 VERIFICATION I, Shirley Thomas, hereby verify that the averments made in the foregoing ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date Shirl y Thomas for H. David Pitzer Trucking, Inc. 633633.2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of dV , 2008, on all counsel of record as follows: David L. Lutz, Esquire ANGMO & ROVNER 4503 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs THOMAS, THOMAS & HAFER, LLP Je ey M. McCormick, Esquire 7 -e1?7 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com CALVIN HUNTER, JUDY HUNTER, WAYNE USHER, CINDY USHER, and MICHAEL DOWNING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.08 4280 Civil Term V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO THE DEFENDANTS' NEW MATTER 39. though 45. Paragraphs 39 through 45 of the Defendants' New Matter fails to set forth factual allegations that require the Plaintiffs to admit and/or deny said allegations. The Plaintiffs' factual allegations contained in the Complaint are incorporated herein by reference. The allegations contained in all of the Defendants' New Matter are all conclusions of law to which no response is necessary. 397929 WHEREFORE, the Plaintiffs respectfully request that the Defendants' New Matter be dismissed. Date: ANGINO & ROVNER, P.C. ALI Da L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 397929 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REPLY TO THE DEFENDANTS' NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jeffrey M. McCormick, Esquire Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Dated: 11 ? ?- 1D,6 397929 N C u ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com CALVIN HUNTER, JUDY HUNTER, WAYNE USHER, CINDY USHER, and MICHAEL DOWNING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-4280 Civil Term V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT ROBERT HOCKLEY - SET NO.2 To: Defendant Robert Hockley, by and through counsel Stephen Geduldig, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: Do you admit that after the subject motor vehicle collision of August 27, 2006, you spoke with a Pennsylvania State Police Officer? Admit Deny 398743 2. Do you admit that you spoke with the Pennsylvania State Police Officer on August 27, 2006, at approximately 9:00 p.m.? Admit Deny 3. Do you admit that when you spoke with the Pennsylvania State Police Officer on August 27, 2006, at approximately 9:00 p.m., you related that you were traveling north in the left lane of Interstate 81 at approximately 60 miles per hour; you also related that you were coming around the turn and did not notice that traffic was stopped; you also related that you applied your brakes but was unable to stop before striking the rear of the Ford Escape? Admit Deny Date: ANGINO & ROVNER, P.C. (IVW Davi . Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 398743 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT ROBERT HOCKLEY - SET NO. 2 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jeffrey McCormick, Esquire Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Dated: i ? Mary T. eraets 398743 --i r-? ..a _.._{ _::? ?-? C.. „__ ? ?Y?t".. •J ,. ^-, t.' '• " ; ;`°. ::r;. w?1 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com CALVIN HUNTER, JUDY HUNTER, WAYNE USHER, CINDY USHER, and MICHAEL DOWNING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-4280 Civil Term V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' PETITION FOR THE ADMISSION OF ATTORNEY MICHAEL T. BIGOS PRO HAC VICE AND NOW COMES the Plaintiffs and their counsel, Angino & Rovner, P.C., and respectfully moves this Court to admit Attorney Michael T. Bigos Pro Hac Vice for the reasons set forth as follows: 1. On July 17, 2008, the Plaintiffs initiated an action in the Court of Common Pleas of Cumberland County averring that Plaintiffs Calvin Hunter, Wayne Usher, and Michael Downing sustained injury in a motor vehicle accident that occurred on August 27, 2006, on Interstate 81 in Cumberland County, Pennsylvania. 409780 2. Defendant Robert Hockley is from Gardners, Cumberland County, Pennsylvania, and Defendant H. David Pitzer Trucking, Inc., is a trucking company located in Adams County, Pennsylvania. 3. Most of the Plaintiffs' treating doctors are located in Maine. 4. Therefore, for purposes of litigation, Attorney Michael T. Bigos plans to take the depositions for use at trial of the Plaintiffs' treating doctors. 5. The Plaintiffs request that Attorney Michael T. Bigos be specially admitted to the Bar of this Commonwealth for purposes limited to this particular litigation. Bar Admissions Rules, Rule 301(a). This pro hac vice admissions Petition is being made by David L. Lutz, Esquire, a member of the Bar of this Commonwealth. 6. Counsel for the Defendants, Stephen Geduldig, Esquire, and Jeffrey McCormick, Esquire, do not object to this Petition. 7. Attorney Michael T. Bigos is a trial lawyer who practices throughout the State of Maine. His offices are headquartered in Lewiston, Maine. Attorney Bigos is a graduate of the University of Southern Maine and the University of Maine School of Law (Cum Laude). Attorney Bigos is also a Governor of the Maine Trial Lawyers Association. Attorney Bigos is admitted to all Courts in Maine. 409780 2 WHEREFORE, it is respectfully requested that Plaintiffs' Petition for the Admissions of Attorney Michael T. Bigos Pro Hac Vice be granted and Attorney Michael T. Bigos is admitted Pro Hac Vice. Date: 6 / U ? ANGINO & ROVNER, P.C. I-ILL M David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 409'780 3 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' PETITION FOR THE ADMISSION OF ATTORNEY MICHAEL T. BIGOS PRO HAC VICE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jeffrey M. McCormick, Esquire Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Dated: ? /?b NA T. 409780 FILE D--C) 110, E" 2009 SAY 21 All 11 : 2 4 G` !'T 'Y I I ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz?,i)angino-rovnerxom CALVIN HUNTER, JUDY HUNTER, WAYNE USHER, CINDY USHER, and MICHAEL DOWNING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-4280 Civil Term V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' AMENDED PETITION FOR THE ADMISSION OF ATTORNEY MICHAEL T. BIGOS PRO HAC VICE AND NOW COMES the Plaintiffs and their counsel, Angino & Rovner, P.C., and respectfully moves this Court to admit Attorney Michael T. Bigos Pro Hac Vice for the reasons set forth as follows: 1. On July 17, 2008, the Plaintiffs initiated an action in the Court of Common Pleas of Cumberland County averring that Plaintiffs Calvin Hunter, Wayne Usher, and Michael Downing sustained injury in a motor vehicle accident that occurred on August 27, 2006, on Interstate 81 in Cumberland County, Pennsylvania. ORIGINAL 409780 2. Defendant Robert Hockley is from Gardners, Cumberland County, Pennsylvania, and Defendant H. David Pitzer Trucking, Inc., is a trucking company located in Adams County, Pennsylvania. 3. Most of the Plaintiffs' treating doctors are located in Maine. 4. Therefore, for purposes of litigation, Attorney Michael T. Bigos plans to take the depositions for use at trial of the Plaintiffs' treating doctors. 5. The Plaintiffs request that Attorney Michael T. Bigos be specially admitted to the Bar of this Commonwealth for purposes limited to this particular litigation. Bar Admissions Rules, Rule 301(a). This pro hac vice admissions Petition is being made by David L. Lutz, Esquire, a member of the Bar of this Commonwealth. 6. Counsel for the Defendants, Stephen Geduldig, Esquire, and Jeffrey McCormick, Esquire, do not object to this Petition, i.e., they concur in this Petition. 7. Attorney Michael T. Bigos is a trial lawyer who practices throughout the State of Maine. His offices are headquartered in Lewiston, Maine. Attorney Bigos is a graduate of the University of Southern Maine and the University of Maine School of Law (Cum Laude). Attorney Bigos is also a Governor of the Maine Trial Lawyers Association. Attorney Bigos is admitted to all Courts in Maine. 8. No Judge has ruled upon any other issue in this matter. 414026 2 WHEREFORE, it is respectfully requested that Plaintiffs' Petition for the Admissions of Attorney Michael T. Bigos Pro Hac Vice be granted and Attorney Michael T. Bigos is admitted Pro Hac Vice. Date: V,A_v , ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiffs 414026 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFFS' AMENDED PETITION FOR THE ADMISSION OF ATTORNEY MICHAEL T. BIGOS PRO HAC VICE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jeffrey M. McCormick, Esquire Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants 4'1?a- MaY? T. kj'eraets Dated: A - 0 j 409780 Al PD-0:?RCE OF THE }'P,7irl-, 3TARY 20H JUN 30 F41 1: 36 NTY CU?,Eu rte.{?i{ti?..)t N4JNIIA MAY 2 L' 2009 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@angino-rovner.com CALVIN HUNTER, JUDY HUNTER, WAYNE USHER, CINDY USHER, and MICHAEL DOWNING, Plaintiffs V. ROBERT HOCKLEY and H. DAVID PITZER TRUCKING, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-4280 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of v , 2009, upon consideration of the uncontested Plaintiffs' Petition for the Admission o Attorney Michael T. Bigos Pro Hac Vice, IT IS HEREBY ORDERED AND DECREED that Attorney Michael T. Bigos is admitted Pro Hac Vice to the Bar of this Commonwealth for this case only. BY THE COURT: J. }rstribution: /Stephen Geduldig, Esquire and Jeffrey McCormick, Esq re, 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108-0999; phone- 717-237-7100; fax- 717-237-7105; e-mail - sgeduldig@tthlaw.com and jmccormick@tthlaw.com; Counsel for Defendants Vivid L. Lutz, Esquire, 4503 N. Front St., Harrisburg, PA 17110 phone - 717-238-6791; fax - 717-238-5610; e-mail - dlutz@angino-rovner.com Counsel for Plaintiffs ea ? ?s 409780 rn,a C LC, FUD--G'= C)F THI- l.. I?, ( le.>I ?s? 3 F_ 2009 JOS. -2 PM 12:0 5 CALVIN HUNTER, JUDY HUNTER, IN THE COURT OF COMMON PLEAS WAYNE USHER, CINDY USHER, CUMBERLAND COUNTY, PENNSYLVANIA and MICHAEL DOWNING, Plaintiffs CIVIL ACTION -LAW NO. 08-4280 CIVIL TERM V. ROBERT HOCKLEY and H. DAVID JURY TRIAL DEMANDED PITZER TRUCKING, INC., Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied, and discontinued with prejudice as to all parties. Respectfully submitted, ANGINO & ROVNER, P.C. DATE: i K' V avi Lutz, Esquire 4503 No h Front Street Harrisburg, PA 17110 Counsel for Plaintiffs ORIGINAL ?,,; ????? CERTIFICATE OF SERVICE I, David L. Lutz, Esquire, hereby certify that I have served a true and correct copy of the foregoing Praecipe to Discontinue on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Jeffrey M. McCormick, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 ANGINO & ROVNER, P.C. B; DATE: / U R' D y.F 7 Il.?. ? j T I ? i,' F-t SS i _?, ?" ? W ..", G ? ??U f VYrV ?,w? ?? {??? }4? ? ? ? ? ;; :j ; .?