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HomeMy WebLinkAbout10-2292 pli 11: 37 ?T f Pl- Andrew C. Spears, Esquire I.D.# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com Attorneys for Plaintiffs LISA A. HARRELL and, ROBERT HARRELL, Plaintiffs V. GEORGE SHARPE, and INTERSTATE TOWING AND RECOVERY, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. O 4Qa.oo Pp ATTq CO ISoa13 Rya 31991 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - a619a C IV I L Te m CIVIL ACTION - LAW 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 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos 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 demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYAA LASIGUIENTE OFICINA. ESTAOFICINA 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: Andrew . Spears Andrew C. Spears, Esquire I.D.# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com LISA A. HARRELL and, IN THE COURT OF COMMON PLEAS ROBERT HARRELL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. GEORGE SHARPE, and CIVIL ACTION - LAW INTERSTATE TOWING AND RECOVERY, Defendants COMPLAINT AND NOW come the Plaintiff's, Lisa A. Harrell amd Robert Harrell, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and make the within Complaint against the Defendants, George Sharpe, and Interstate Towing and Recovery, and aver as follows: 1. Plaintiff, Lisa Harrell, is a competent adult individual currently residing at 110 Billerbeck Street, New Oxford, Adams Co. PA 17350. 2. Defendant, George Sharpe, is an adult individual currently residing at 2527 Barkley Lane, Harrisburg, PA 17104. 3. Defendant, Interstate Towing and Recovery, is an Pennsylvania business currently located at 1120 St Johns Rd, Camp Hill, PA 17011. 4. At all times material hereto, Defendant, Interstate Towing and Recovery, was the owner and operator of a tow truck (hereinafter, "Defendant's vehicle") 5. At all times material hereto, Plaintiff, Lisa Harrell, was the owner and operator of a 2006 Ford Freestyle (hereinafter, "Plaintiff's vehicle"), bearing the Pennsylvania registration number C47332372. 6. At all times material hereto, Plaintiff was insured under an automobile insurance policy with State Farm Insurance Company and was covered by the full-tort option. 7. At all times material to this action, there were no adverse weather or road conditions. 8. On or about September 2, 2009, at about 5:10 p.m., Plaintiff, Lisa Harrell, was lawfully stopped on East Main Street at the Locust intersection. 9. At approximately the same time and place, the Plaintiff waived a first vehicle through the stop sign. 10. At approximately the same time and place, Defendant, George Sharpe, failed to yield at the stop sign and proceeded into the intersection immediately after the car the Plaintiff initially waived through and pulled directly into the path of Plaintiff's vehicle. 11. As a direct and proximate result of the negligence of Defendant, George Sharpe, the Plaintiff, Lisa Harrell, sustained serious and extensive injuries as set forth below: 2 COUNT I - NEGLIGENCE LISA HARRELL v. GEORGE SHARPE, 12. Paragraphs 1-11 are incorporated herein as if fully set forth at length. 13. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Lisa Harrell, are the direct and proximate result of the negligence of the Defendant, George Sharpe, generally and more specifically, as set forth below: (a) In failing to keep a proper lookout for vehicles lawfully traveling through the intersection at East Main Street and Locust; (b) In failing to be reasonably vigilant to observe the vehicle which Plaintiff was operating; (c) In failing to yield the right of way to a vehicle approaching in the opposite direction while intending to turn left, in violation of 75 Pa.C.S.A. §3322; (d) In failing to yield the legal right-of-way to Plaintiff's vehicle; (e) In failing to operate his vehicle under proper and adequate control in order that he could avoid striking the Plaintiffs vehicle; (f) In failing to operate his vehicle in such a manner so that he could apply the brakes to avoid striking Plaintiffs vehicle; 3 (g) In failing to operate his vehicle at an appropriate speed, when approaching or crossing an intersection, as to be able to stop within the assured clear distance, in violation of 75 Pa.C.S.A. §3361; (h) In failing to stop his vehicle before entering the intersection at East Main Street and Locust; (i) In proceeding into the intersection at East Main Street and Locust when such movement could not be made safely; and (j) In failing to exercise reasonable care in the operation and control of his vehicle. 14. As a direct and proximate result of the negligence of Defendant, George Sharpe, the Plaintiff, Lisa Harrell, sustained serious personal injuries including, but not limited to, injuries to her neck and back. 15. As a direct and proximate result of the negligence of Defendant, George Sharpe, the Plaintiff, Lisa Harrell, has been, and will in the future be, hindered from performing her daily duties and chores, to her loss, humiliation and embarrassment. 16. As a direct and proximate result of the negligence of Defendant, George Sharpe, the Plaintiff, Lisa Harrell, has suffered physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional and financial detriment and loss. 17. As a direct and proximate result of the negligence of Defendant, George Sharpe, the Plaintiff, Lisa Harrell, has been compelled, and will in the future be compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention to her detriment and loss. 4 18. As a direct and proximate result of the negligence of Defendant, George Sharpe, the Plaintiff, Lisa Harrell, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her detriment and loss. 19. Plaintiff, Lisa Harrell, believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Lisa Harrell, seeks damages from the Defendant, George Sharpe, in an amount in excess of the compulsory arbitration limits of Cumberland County, and demands a trial by jury. COUNT II - VICARIOUS LIABILITY LISA HARRELL v. INTERSTATE TOWING AND RECOVERY 20. Paragraphs 1-19 are incorporated herein as if fully set forth below. 21. At all times material to this action, Defendant, George Sharpe, was an agent, servant, and/or employee of Defendant, Interstate Towing and Recovery. 22. The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiff, Lisa Harrell, are the direct and proximate result of the negligence and/or carelessness, of Defendants George Sharpe, and Interstate Towing and Recovery. 23. The aforementioned negligent, and/or careless conduct of Defendant, George Sharpe, occurred while acting in and upon the business of Defendant, Interstate Towing and Recovery, and within the course and scope of his employment with said Defendant. 5 24. As a direct and proximate result of the negligence of the Defendant, Interstate Towing and Recovery, Plaintiff, Lisa Harrell, has suffered extensive personal injuries, including, but not limited to, injuries to her neck and back. 25. Defendant is vicariously liable for the physical, emotional, and financial loss Plaintiff, Lisa Harrell, has suffered and will continue to endure for an indefinite period of time in the future. 26. Defendant is vicariously liable forthe amount of wages Plaintiff, Lisa Harrell, has lost and the future loss of income and/or loss of earning capacity that will be sustained. 27. Defendant is vicariously liable to Plaintiff, Lisa Harrell, as she has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her detriment and loss. 28. Defendant is vicariously liable for hindering Plaintiff, Lisa Harrell, from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 29. Defendant is vicariously liable to Plaintiff, Lisa Harrell, for her loss of life's pleasures, to her detriment and loss. 30. Defendant is vicariously liable to Plaintiff, Lisa Harrell, for the substantial property loss she has suffered, to her detriment and loss. 31. Plaintiff, Lisa Harrell, believes and, therefore, avers that her injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Lisa Harrell, seeks damages from Defendant, Interstate Towing and Recovery, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. 6 COUNT III - LOSS OF CONSORTIUM ROBERT HARRELL v. GEORGE SHARPE 36. Paragraphs 1-35 are incorporated herein as fully set forth below. 37. As a result of the negligence of the Defendant, George Sharpe, Plaintiff Robert Harrell, has suffered a loss of consortium, society, and comfort from his wife, Lisa Harrell, and he will continue to suffer a similar loss in the future. 38. As a result of the negligence of the Defendant, George Sharpe, the Plaintiff, Robert Harrell, has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. WHEREFORE, Plaintiff, Robert Harrell, seeks damages from Defendant, George Sharpe, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT VI - LOSS OF CONSORTIUM ROBERT HARRELL v. INTERSTATE TOWING AND RECOVERY 39. Paragraphs 1-38 are incorporated herein as fully set forth below. 40. As a result of the negligence of the Defendant, Interstate Towing and Recovery, the Plaintiff, Robert Harrell, has suffered a loss of consortium, society, and comfort from his wife, Lisa Harrell, and he will continue to suffer a similar loss in the future. 41. As a result of the negligence of the Defendant, Interstate Towing and Recovery, the Plaintiff, Robert Harrell, has been compelled, in order to effect a cure for his wife's injuries, to spend money for medicine and/or medical attention and will be required to spend money for the same purposes in the future, to his detriment and loss. 7 WHEREFORE, Plaintiff, Robert Harrell, seeks damages from Defendant, Interstate Towing and Recovery, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: ( By: Andrew C. Spears, Esq. I.D. No. 87737 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs 8 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is 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 counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: C3 fib/ l Robert Harrell POST &SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA, ESQUIRE E-MAIL: msocha@postschell.com I.D. # 200988 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 LISA A. HARRELL and ROBERT HARRELL, Plaintiff, vs. GEORGE SHARPE and INTERSTATE TOWING AND RECOVERY, ~i Z4 20{0 iii°~ i $ S ~~ ZO CUN~ ,.'~ti4iY Attorneys for Defendant Interstate Towing and Recovery IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 10-2292 Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Interstate Towing and Recovery on whose behalf a jury trial is hereby demanded. POST &SCHELL, P.C. By: Dated: May 14, 2010 MICHAEL F. SOC A, ESQUIRE Attorney for Defendant Interstate Towing and Recovery CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Andrew C. Spears, Esquire Handler Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiffs - ~... C LILLY A. TORRE DATE: May 14, 2010 POST &SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: BRADLEY N. SPROUT, ESQUIRE E-MAIL: bsprout@postschell.com I.D. # 203182 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 .,,.. f=! LEC~ -'~~ ~~r ~ ~~ r,c ,~ c~;~ ; i_ ~'n~rt~RY 20101'1~3Y 18 F~~ 4~ ~ ~__ ~,_; Attorneys for Defendant Interstate Towing and Recovery LISA A. HARRELL and ROBERT HARRELL, Plaintiff, vs. GEORGE SHARPE and INTERSTATE TOWING AND RECOVERY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CNIL ACTION -LAW NO. 10-2292 Defendants. WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant Interstate Towing and Recovery in the above matter. POST &SCHELL, P.C. By: Dated: May 14, 2010 BRADL . SPROUT, EJSQ~ Attorne or Defendant (~ Interstate Towing and Recovery i CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Andrew C. Spears, Esquire Handler Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiffs .--- LILLY A. T S DATE: May 14, 2010 AIL}=1~ ,,,: `.:fy ,F Tyr f'~' ~ ~ .. °ir,~~;RY ZQ~~ ,~E~iC~ { ~ Pr'i ~ ~ ~~ roc",dP `"`~ ; ti, ~y~~ `d'yy f i-~ hi IN '.. Andrew C. Spears, Esquire I.D.# 87737 HANDLER, HENNING 8 ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@HHRLaw.com Attorneys for Plaintiffs LISA A. HARRELL and, ROBERT HARRELL, Plaintiffs v. GEORGE SHARPE, and INTERSTATE TOWING AND RECOVERY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2292 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please re-issue the Complaint in the above referenced matter. Please instruct the Sheriff of Cumberland County to deputize York County serve the Complaint upon Defendant, George Sharp, by personal service at: S' 109 Twin Hills Road ~~0.Od (~ ,T~'~ Dillsburg, PA 17019 e K~ ~o~.qi r2'~- ayagoy HANDLER, HENNING & ROSENBERG, LLP By Date: Andrew C. Spea I.D. #87737 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY t_ Ronny R Anderson ,~ ,., c~~ -1^ Sheriff ~ ~ ~ ~ ~ ~~~ritp of ~nin~~,~,~~ Jody S Smith ~ '`~ ~ ~ ~ ~ _ I ~•: ~~ Chief Deputy ~. ..~ ` :' " `: ° `° ` ` ` `` ~~" ~-, +r ,~., • Richard W Stewart ~"= - `~ +r SOilCltor S~FFiCE ,~ `'-~ ="ERIfF _ ~ ~ r~ I ~ ~~,. Lisa Harrell (et al.) Case Number vs. George Sharpe (et al.) 2010-2292 SHERIFF'S RETURN OF SERVICE 06/18/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: George Sharp, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 06/22/2010 York County Return: And now June 22, 2010 at 1240 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: George Sharpe by making known unto himself personally, at 109 Twin Hills Road, Apartment #13, Dillsburg, PA 17019 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 June 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c Coun'Suite Shenff. Teleosoft. Irc. SHERIFF'S OFFICE OF YORK COUNTY b Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor ,,,~ Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration LISA A. HARRELL vs. GEORGE SHARPE (et al.) Case Number 10-2292 CIVIL SHERIFF'S RETURN OF SERVICE 06/22/2010 12:40 PM -DEPUTY STEVEN DIEHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: GEORGE SHARP AT 109 TWIN HILLS ROAD, APT.#13, DILLSBURG, PA 17019. S~ VEN DIEHL, DEPUTY SHERIFF COST: $44.50 June 24, 2010 SO AN S, RI HARD P K ER EBE ,SHERIFF NOTARY Affirmed and subscribed to before me this 24th day of JiJI~E ~ (L~ t COMMONWEALTH OF PEVVSYLVAN'A 2~1tJ NOTARIAL S_.;L ~~ LISA L. THORP~. NCT~.=w'U9L C CITY OF YO~t~'. YOR~C C ~~`Y ~ ~~/ };'ourFt,~ ~.Sr~Yr f,l eus:y't, ir,~ MY CO~IIMISSIC~ti ESC-"'IF?~~` A ~2 2U~s~ POST &SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA E-MAIL: msocha@postschell.com I.D. # 200988 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 LISA A. HARRELL and ROBERT HARRELL, Plaintiff, i-ILc~.; -. , .- .~~- -~ it i:t ~t,Y'~,'t' 2~PQ ~;~ 22 s`-1 E-~ ,i~, V~.'~a'r ~ - ., .'~'i~ I Attorneys for Defendants George Sharp, incorrectly identified as George Sharpe, and Interstate Towing and Recovery IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. GEORGE SHARPE and INTERSTATE TOWING AND RECOVERY, Defendants. CIVIL ACTION -LAW NO. 10-2292 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant George Sharp (incorrectly identified as George Sharpe) on whose behalf a jury trial is hereby demanded. POST &SCHELL, P.C. By: Dated: July 20, 2010 GREGORY S. HIRTZEL, ESQUIRE MICHAEL F. SOCHA, ESQUIRE Attorneys for Defendants George Sharp, incorrectly identified as George Sharpe, and Interstate Towing and Recovery CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Andrew C. Spears, Esquire Handler Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiffs c ~ ~~ LIL Y A. TO DATE: July 20, 2010 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA, ESQUIRE E-MAIL: msocha@postschell.com I.D. # 200988 ;LIAM PENN WAY 11 P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 LISA A. HARRELL and ROBERT HARRELL, Plaintiff, vs. GEORGE SHARPE and INTERSTATE TOWING AND RECOVERY, Defendants. -i `,: ~1~_.. + E_,, 20"~ ~~ ; ~1'~~ ~.~~ c ~~U~ "~ ~,~ 1 D? y G'..' { P ' Attorneys for Defendants George Sharp, incorrectly identified as George Sharpe, and Interstate Towing and Recovery IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 10-2292 NOTICE TO PLEAD TO: Lisa A. Harrell and Robert Harrell c/o Andrew C. Spears, Esquire Handler Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED to plead to the within New Matter within twenty (20) days of service thereof or a default maybe entered against you. POS SCHE .C. By: ~ GREGORY S. HIRTZEL, ESQUIltE MICHAEL F. SOCHA, ESQUIRE Attorneys for Defendants George Sharp, incorrectly identified as George Sharpe, and Interstate Towing and Recovery Date: August 2, 2010 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA, ESQUIRE E-MAIL: msocha@postschell.com I.D. # 200988 .1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 LISA A. HARRELL and ROBERT HARRELL, Plaintiff, Attorneys for Defendants George Sharp, incorrectly identified as George Sharpe, and Interstate Towing and Recovery IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. GEORGE SHARPE and INTERSTATE TOWING AND RECOVERY, Defendants. CIVIL ACTION -LAW NO. 10-2292 DEFENDANTS' ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT Defendants George Sharp (incorrectly identified as George Sharpe) and Interstate Towing and Recovery, by and through their attorneys, Post & Schell, P.C., hereby file the following Answer and New Matter to Plaintiffs' Complaint and in support thereof aver as follows: 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief to the truth of the averments in this paragraph and, if relevant, strict proof thereof is demanded. 2. Denied. Defendant, George Sharp, is an adult individual currently residing at 109 Twin Hills Road, Apartment 13, Dillsburg, Pennsylvania 17019. 3. Admitted. 4. Denied. Without a description of the "tow truck" Answering Defendants are unable to respond to the averments of paragraph 4 of Plaintiffs' Complaint. By way of further response, it is specifically denied that the vehicle referred to as "Defendant's vehicle" in Plaintiffs' Complaint was a tow truck. To the contrary, Defendant, George Sharp, was not operating a tow truck at the time of the alleged accident. 5. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief to the truth of the averments in this paragraph and, if relevant, strict proof thereof is demanded. 6. Denied pursuant to Pa.R.C.P. 1029(e). By way of further response, Answering Defendants are without knowledge or information sufficient to form a belief to the truth of the averments in this paragraph and, if relevant, strict proof thereof is demanded. 7. Denied pursuant to Pa.R.C.P. 1029(e). 8. Denied pursuant to Pa.R.C.P. 1029(e). 9. Denied pursuant to Pa.R.C.P. 1029(e). 10. Denied pursuant to Pa.R.C.P. 1029(e). 11. Denied pursuant to Pa.R.C.P. 1029(e). By way of further response, all allegations of negligence are specifically denied. COUNT I-NEGLIGENCE LISA HARRELL V. GEORGE SHARPE 12. Paragraphs 1 through 11, above, are incorporated herein as if fully set forth. 13. Paragraph 13 of Plaintiffs' Complaint and its related subparagraphs are denied pursuant to Pa.R.C.P. 1029(e). By way of further response, all allegations of negligence are specifically denied. 2 14. Denied pursuant to Pa.R.C.P. 1029(e). Byway of further response, all allegations of negligence are specifically denied. 15. Denied pursuant to Pa.R.C.P. 1029(e). By way of further response, all allegations of negligence are specifically denied. 16. Denied pursuant to Pa.R.C.P. 1029(e). Byway of further response, all allegations of negligence are specifically denied. 17. Denied pursuant to Pa.R.C.P. 1029(e). Byway of further response, all allegations of negligence are specifically denied. 18. Denied pursuant to Pa.R.C.P. 1029(e). By way of further response, all allegations of negligence are specifically denied. 19. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, George Sharp respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiffs, together with such other relief that this Honorable Court may deem just and appropriate. COUNT II-VICARIOUS LIABILITY LISA HARRELL V. INTERSTATE TOWING AND RECOVERY 20. Paragraphs 1 through 19, above, are incorporated herein as if fully set forth. 21. Admitted in part, denied in part. After reasonable investigation, Answering Defendant is without knowledge as to the truth of the averments of this paragraph as the phrase "at all material times to this action" is overbroad and capable of several meanings and, if relevant, strict proof of these allegations is demanded at trial. Byway of further response, it is admitted that Defendant, George Sharp, was an employee of Interstate Towing and Recovery on September 2, 2009. However, to the extent that Paragraph 21 of Plaintiffs' Complaint alleges 3 that Defendant George Sharp was in the course and scope of his employment at the time of the alleged motor vehicle accident, said averment is specifically denied. 22. Denied pursuant to Pa.R.C.P. 1029(e). By way of further response, all allegations of negligence are specifically denied. 23. Denied. It is specifically denied that Defendant, George Sharp, was acting in and upon Answering Defendant's business and/or within the course and scope of his employment with Answering Defendant. By way of further response, all allegations of carelessness and negligence are specifically denied. 24. Denied pursuant to Pa.R.C.P. 1029(e). Byway of further response, all allegations of negligence are specifically denied. 25. Denied as a conclusion of law to which no responsive pleading is required and pursuant to Pa. R.C.P. 1029(e). 26. Denied as a conclusion of law to which no responsive pleading is required and pursuant to Pa. R.C.P. 1029(e). 27. Denied as a conclusion of law to which no responsive pleading is required and pursuant to Pa. R.C.P. 1029(e). 28. Denied as a conclusion of law to which no responsive pleading is required and pursuant to Pa. R.C.P. 1029(e). 29. Denied as a conclusion of law to which no responsive pleading is required and pursuant to Pa. R.C.P. 1029(e). 30. Denied as a conclusion of law to which no responsive pleading is required and pursuant to Pa. R.C.P. 1029(e). 4 31. Denied pursuant to Pa.R.C.P. 1029(e). Byway of further response, Answering Defendant is without knowledge or information sufficient to form a belief to the truth of the averments in this paragraph and, if relevant, strict proof thereof is demanded. WHEREFORE, Defendant, Interstate Towing and Recovery, respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiffs, together with such other relief that this Honorable Court may deem just and appropriate. COUNT III-LOSS OF CONSORTIUM ROBERT HARRELL V. GEORGE SHARPS 36. (sic) Paragraphs 1 through 31,above, are incorporated herein as if fully set forth. 37. Denied pursuant to Pa.R.C.P. 1029(e). By way of further response, all allegations of negligence are specifically denied. 38. Denied pursuant to Pa.R.C.P. 1029(e). By way of further response, all allegations of negligence are specifically denied. WHEREFORE, Defendant, George Sharp, respectfully requests that this Honorable Court enter judgment in his favor and against Plaintiffs, together with such other relief that this Honorable Court may deem just and appropriate. COUNT IV-LOSS OF CONSORTIUM ROBERT HARRELL V. INTERSTATE TOWING AND RECOVERY 39. Paragraphs 1 through 38, above, are incorporated herein as if fully set forth. 40. Denied pursuant to Pa.R.C.P. 1029(e). By way of further response, all allegations of negligence are specifically denied. 41. Denied pursuant to Pa.R.C.P. 1029(e). By way of further response, all allegations of negligence are specifically denied. WHEREFORE, Defendant, Interstate Towing and Recovery, respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiffs, together with such other relief that this Honorable Court may deem just and appropriate. NEW MATTER 42. Paragraphs 1 through 41 are incorporated herein as if fully set forth. 43. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Defendant avers that the Plaintiffs have failed to state a claim for which relief maybe granted. 44. To the extent, justified by the evidence developed in discovery or the testimony at the time of trial, any injuries and/or damages alleged by the Plaintiffs were the result of superseding, intervening, and/or independent causes over which Defendants had no control and in no way participated. 45. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Defendants raise all affirmative defenses set forth in Pa.R.C.P. 1030 to the Plaintiffs' claims, including the legal doctrines of payment, accord and satisfaction, release, waiver, estoppel, and the statute of limitations. 46. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Defendant avers that the injuries and damages alleged by the Plaintiffs were the result of apre-existing condition unrelated to this accident and/or occurrence. 47. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Defendant avers that Plaintiffs failed to mitigate their damages. 6 48. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Plaintiffs' recovery in this case, if any, is limited by the provisions of 75 Pa. C.S.A. Sections 1720 and 1722. 49. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 50. To the extent justified by the evidence developed in discovery or the testimony at the time of trial, Defendant pleads the contributory, causal negligence of the Plaintiffs and the provisions of the Pennsylvania Comparative Negligence Act as a complete or partial bar to any recovery by the Plaintiff in this action. 51. The past and future medical special damages alleged by Plaintiffs are limited to fair and reasonable value of the medical bills for treatment rendered in connection with injuries and damages that were proximately caused by the incident complained of by Plaintiffs, or, the amount received by Plaintiff's medical care providers in satisfaction of any and all bills for services rendered, whichever is less. Moorhead v. Crozer Medical Center. WHEREFORE, Defendants, George Sharp and Interstate Towing and Recovery, respectfully request that this Honorable Court enter judgment in their favor and against Plaintiffs, together with such other relief that this Honorable Court may deem just and appropriate. POST & SCHELL, P.C. By: Dated: August 2, 2010 MICHAEL F. SOC ,ESQUIRE Attorney for Defendants George Sharp, incorrectly identified as George Sharpe, and Interstate Towing and Recovery 7 Re: Lisa A. Harrell and Robert Harrell v. George Sharp and Interstate Towing and Recovery VERIFICATION I, George Sharp, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4909, relating to unsworn falsification to authorities. DATE: ~ ~~ ~j BY: GEOR SHARP Re: Lisa A. Harrell and Robert Harrell v Gearge Sharp and Interstate Towing ana Recovery VERIFICATION I HEREBY VERIFY that the statements made in the foregoing document are true anc correct to the best of my knowledge, information and belief. I .understand that any false ~ statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating tc I unswprn falsification to authorities. I certify that I am a duly authorized representative of INTERSTATE TOWING AND ~ RECOVERY, and, as such, am authorized to make this Verification on its behalf. INTERSTATE TOWII~'G AND REC .,.. RY BY: ' FARRELL I DATE: ~ ~ ~"~(~ ~ CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Andrew C. Spears, Esquire Handler Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 r---- LILLY A. TO S ~ DATE: August 2, 2010 ~.~ ~,,Q~ ~, _ 1 -- a~P r-; ~ :~~. - ~~-- N rp Andrew C. Spears, Esquire I. D.#87737 ~. ~ r' HANDLER, HENNING 8~ ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: spears(d1HHRLaw.com LISA A. HARRELL and, IN THE COURT OF COMMON PLEAS ROBERT HARRELL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. GEORGE SHARPE, and INTERSTATE TOWING AND RECOVERY, Defendants NO. 10-2292 CIVIL TERM CIVIL ACTION -LAW REPLY TO NEW MATTER AND NOW, come the Plaintiffs, Lisa and Robert Harrell, by and through their attorneys, HANDLER, HENNING 8~ ROSENBERG, LLP, by Andrew C. Spears, Esquire, to file the following Reply to New Matter and aver as follows: 42. 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 Plaintiffs are hereby denied. 43. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 44. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 45. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 46. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 47. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 48. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, 75 Pa.C.S.A. Sections 1720 and 1722 speak for themselves. By way of further response, any and all allegations or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 49. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle Financial Responsibility Law speaks for itself. By way of further response, any and all allegations or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 2 50. The averments of this. paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Comparative Negligence Act speaks for itself. By way of further response, any and all allegations or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. 51. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the case, Moorhead v. Crozer Medical Center, speaks for itself. By way of further response, any and all allegations or insinuations of wrongdoing on the part of Plaintiffs are hereby denied. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment in their favor and against Defendants in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, plus enter such other orders as are equitable and just. Respectfully submitted, HANDLER, HENNING Sz ROSENBERG, LLP Andrew C. Spears, Esquire I.D. #87737 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs Date: 3 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: ANDREW C. SPEARS, ESQUIRE LISA A. HARRELL and, ROBERT HARRELL, Plaintiffs v. GEORGE SHARPE, and INTERSTATE TOWING AND RECOVERY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2292 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE On the 10th day of August, 2010, I hereby certify that a true and correct copy of Plaintiffs' Reply To New Matter was served upon the following by depositing in U.S. Mail; Date Michael Socha, Esq. Post & Schell 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Very truly yours, HANDLER, HENNING8~ ROSENBERG, LLP Andrew C. Spears CJ., 1 _ Andrew C. Spears, Esquire I.D.fr87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Li<t?wn Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: spear9QHHRLaw.com LISA A. HA ELL and, IN THE COURT OF COMMON PLEAS ROBERT HARRELL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintift V. NO. 10-2292 CIVIL TERM GEORGE SHARPE, and CIVIL ACTIN - LAW INTERSTATE TO ING?N AND RECOVERY, TO THE PROTHONOTARY: Please substitute the enclosed Verification for the previous Verification filed with the Reply To New Matter in this matter. HANDLER, HENNING & ROSE RG, LLP By: C' -C Andrew pears ACS/tgd VERIFICATION The undersigned hereby verges that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is 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 counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Oel- A:L isa A. arrell D' Robert Harrell Date: aa/*Z /O LISA A. HARRELL and, IN THE COURT OF COMMON PLEAS ROBERT HARRELL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 10-2292 CIVIL TERM GEORGE SHARPE, and CIVIL ACTION - LAW INTERSTATE TOYA14G AND RECOVERY, Deftnolants CERTIFICATE OF SERVICE On the 17th day of August, 2010, 1 hereby certify that a true and correct copy of Plaintiffs' Praecipe to Substitute Verification was served upon the following by depositing in U.S. Mail; Michael Socha, Esq. Post & Schell 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 HANDLER, HENNING S ROSENBERG, LLP By: Andrew C. 787p'ears ACS/tgd 2 'FILED-OFFiCL ?'` TI1E 'R0TIHI0IV0T,A (`r' 2011 MAY -4 AM II I oo CIJMBERLA dB Coj,"jI t` PENNSYLVANIA Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com LISA HARRELL and ROBERT HARRELL IN THE COURT OF COMMON PLEAS Cumberland County Court of Common Pleas COUNTY, PENNSYLVANIA Plaintiff(s) V. GEORGE SHARP and INTERSTATE TOWING AND RECOVERY Defendant(s) : NO. 2010-02292 : CIVIL ACTION - LAW PRAECIPE Please mark the above captioned matter settled and discontinued. HANDLER, HENNING & ROSENBERG, LLP Dated: 5/3/11 Andrew C. Spears Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com LISA HARRELL and ROBERT HARRELL IN THE COURT OF COMMON PLEAS Cumberland County Court of Common Pleas COUNTY, PENNSYLVANIA Plaintiff(s) V. GEORGE SHARP and INTERSTATE TOWING AND RECOVERY Defendant(s) NO. 2010-02292 CIVIL ACTION - LAW CERTIFICATE OF SERVICE On May 3, 2011, 1 hereby certify that a true and correct copy Praecipe to Discontinue and End was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Michael Socha, Esq. Post & Schell 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 HANDLER, HENNING & ROSENBERG, LLP Dated: 5/3/11 ? JZ_? Andrew C. Spears