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HomeMy WebLinkAbout11-0332r F:\FILES\Clients\135090cker\13509.Lcomplaint Created: 12/29/03 8:24AM Revised: 1/14/11 1009AM 13509.1 George B. Faller, Jr., Esquire I.D. No. 49813 F!t FD ! MCE - h i ?r € 1 JAN 14 PM MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES r? aq t - Y , f , 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs KIMBERLY S. OCKER, individually and : IN THE COURT OF COMMON PLEAS OF as Legal Guardian for her husband, WILLIAM H. OCKER, Plaintiff V. TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants. : CUMBERLAND COUNTY, PENNSYLVANIA NO. // - 33;?,- CIVIL ACTION - LAW : JURY TRIAL DEMANDED 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 .Ls3?2S? r , 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 Plaintiffs KIMBERLY S. OCKER, individually and IN THE COURT OF COMMON PLEAS OF as Legal Guardian for her husband, CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. OCKER, Plaintiff V. TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants. NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Kimberly S. Ocker ("Plaintiff') is an adult individual residing at 730 Mountain Road, Newville, Cumberland County, Pennsylvania 17241. 2. William H. Ocker is an adult individual with a residence located at 730 Mountain Road, Newville, Pennsylvania 17241. 3. In September 2009, Plaintiff was appointed permanent and plenary Guardian of William H. Ocker. A true and correct copy of the Decree appointing Plaintiff as Guardian is attached hereto and incorporated as Exhibit "A." 4. Defendant, Timothy L. Beaston, is an adult individual residing at R.D. 5 Box 21, P.O. Box 101, Mifflin, Juniata County, Pennsylvania 17058. 5. Defendant, Asplundh Tree Expert Co., is a Pennsylvania corporation with a place of business located at 941 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. On or about June 22, 2009, William Ocker was operating a 2008 International Harvester tractor and milk trailer owned by his employer and was traveling south on State Route 11 in Shippensburg Township, Cumberland County. 7. At the same time, Defendant Timothy L. Beaston was operating a 2002 Ford F-250 on Conestoga Road. 8. The 2002 Ford F-250 operated by Timothy L. Beaston was owned by Defendant Asplundh Tree Expert Co. 9. As William Ocker approached the intersection with Conestoga Road, Defendant Timothy Beaston, pulled out onto State Route 11 directly into the path of the milk truck operated by William Ocker. 10. When Defendant Timothy Beaston pulled across the northbound lane of State Route 11, he entered directly into the path of William Ocker's southbound vehicle causing a collision that resulted in colliding with a utility pole and a residence located at 987 Ritner Highway, Shippensburg, Pennsylvania. COUNTI Kimberly S Ocker, as Guardian for William H Ocker v. Timothy Beaston 11. The averments of Paragraphs 1 through 10 of this Complaint are hereby incorporated by reference. 12. As he was proceeding south on State Route 11, William Ocker had the right-of-way. 13. As Defendant Timothy Beaston was approaching the intersection of Conestoga Road and State Route 11, the intersection which Defendant Timothy Beaston approached was controlled by a stop sign. 14. The collision was caused solely as the result of the negligence, recklessness, and carelessness of the Defendant Timothy Beaston in that he: a. failed to yield the right-of-way to William Ocker's vehicle; b. failed to properly stop at the stop sign; C. failed to properly proceed from the stop sign without assuring it was safe to do so; and, d. failed to properly brake his vehicle to avoid causing a collision with William Ocker's vehicle. 15. As the direct and proximate result of the collision, William Ocker has sustained serious and permanent injuries including, but not limited to, the following: a. diffuse axonal injury to the brain; b. C6-7 transverse process fracture; and C. left 10`' through 12`h rib fractures. 16. As the direct and proximate result of the collision, William Ocker has undergone great pain and suffering for which damages are claimed. 17. As a direct and proximate result of the aforesaid injuries, William Ocker has suffered and will continue to suffer lost wages and a loss of earning capacity. 18. As a direct and proximate result of the injuries sustained, William Ocker has incurred and/or in the future will incur medical and/or other financial expenses which losses may exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 19. As a direct and proximate result of the injuries sustained, William Ocker has sustained and/or will continue to sustain scarring, disfigurement and loss of life's pleasures. WHEREFORE, Plaintiff Kimberly S. Ocker, as Guardian for William Ocker, demands judgment against Defendant Timothy Beaston in excess of the compulsory arbitration limits, plus interest, costs and delay damages as permitted by law. COUNT II Kimberly S Ocker, as Guardian for William H Ocker v Asplundh Tree Expert Co. 20. The averments of Paragraphs 1 through 19 of this Complaint are hereby incorporated by reference. 21. At the time of the collision, Defendant Timothy Beaston was acting as the agent, servant, or employee of Asplundh Tree Expert Co. WHEREFORE, Plaintiff Kimberly S. Ocker, as Guardian for William Ocker, demands judgment against Defendant Asplundh Tree Expert Co., in excess of the compulsory arbitration limits, plus interest, costs and delay damages as permitted by law. COUNT III Kimberly 5 Ocker v Timothy Beaston and Asplundh Tree Expert Co. 22. The averments of Paragraphs 1 through 21 of this Complaint are hereby incorporated by reference. 23. At the time of the accident, Plaintiff Kimberly S. Ocker was married to William H. Ocker. 24. As a result of the collision, Plaintiff Kimberly S. Ocker has incurred the loss of the love, companionship, affection and consortium of her husband, for which damages are claimed. WHEREFORE, Plaintiff Kimberly S. Ocker demands judgment against Defendants Timothy Beaston and Asplundh Tree Expert Co., plus interest, costs and delay damages as allowed by law. MARTSON LAW OFFICES 52 ?W j I By -06 George B. aller, r., Esquir I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 11q11 l Attorneys for Plaintiff R-CLEDPAPFR RFCYCLARLF l f 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Petition for Guardianship NO. 21-09-0695 ? of William Herbert Ocker c ORPHANS' COURT DIVISION .- J P 70 r DECREE ::0 -" x ao AND NOW, this JI' day of ,S'wkc.. ba- , 2009, upon consideration of the Petition for Appointment of a Permanent Guardian of the Person and Estate in accordance with 20 Pa. Cons. Stat. Ann. § 5501 et seq. for Kimberly S. Ocker, the consents from the presumptive heirs attached thereto, and after a hearing held following due notice, this Court hereby Orders and Decrees the following: 1. The alleged incapacitated person's ability to receive and evaluate information effectively is significantly impaired because he presently suffers from a coma. 2. The alleged incapacitated person's ability to communicate decisions is significantly impaired because of the aforesaid condition. 3. The physical or mental condition of the alleged incapacitated person would have been harmed by his presence at any guardianship hearing. 4. The said William H. Ocker is hereby adjudged an incapacitated person. A 'f RUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand and the seat of said Court at Carlisle, PA Thisday of 0--_L. (Exhibit "A") Cleric of t CumhA nd Countv Sri t,-, - " rl r,•, t--a ;ri 4 . 5. Kimberly S. Ocker is hereby appointed permanent and plenary guardian of the PERSON. The said permanent and plenary guardian of the PERSON shall have the following powers and duties: (a) to provide for the general care, maintenance and custody of the alleged incapacitated person, including the ability to contract with an authorized medical provider of such services; (b) to designate the place for the alleged incapacitated person to live, including an appropriate nursing home facility or other similar long-term care facility; (c) to sign and consent on behalf of the alleged incapacitated person to the provision of medical procedures and services for the health, welfare and benefit of the alleged incapacitated person; and (d) to provide those services necessary and proper for the health, support and maintenance of the alleged incapacitated person. 6. Kimberly S. Ocker is hereby appointed permanent and plenary guardian of the ESTATE. The said permanent and plenary guardian of the ESTATE shall have the following powers and duties: (a) to obtain limited access to the alleged incapacitated person's financial accounts and related financial information in order to transact business and pay bills and other liabilities of the alleged incapacitated person; (b) to sign checks, drafts and related financial instruments and documents in order to pay bills, liabilities and related obligations of the alleged incapacitated person for the provision of medical care, daily living, and normal life activities; and (c) to provide those services necessary and proper to handle and maintain the current financial affairs and status of the alleged incapacitated person. This Court retains jurisdiction over any subsequent proceedings initiated by the parties in this matter, including but not limited to, any and all accountings and reports required and filed by the guardian. BY THE COURT, , VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we 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 we make knowingly false averments, we may be subject to criminal penalties. "(' & 1, z" X / "-)oz &. ? r, Individually, and as Legal Ki berly S. Oc e Y Guardian of ' iam H. Ocker FAFILES\Clients\13509 Ocker\13509. Lcomplaint LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Basil A. DiSipio, Esquire Attorney I.D. No.: 28212 190 N. Independence Mall West 6`n and Race Streets, Suite 500 Philadelphia, PA 19106 KIMBERLY S. OCKER, individually and as Legal Guardian for her husband, WILLIAM H. OCKER, Plaintiff, V. TIMOTHY BEASTON and ASPLUNDH TREE EXPERT CO. Defendants. Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-332 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: ?t? ? PxT1? rr? a Kindly enter my appearance on behalf of defendants, Timothy Beaston and Asplundh Tree Expert Co., in the above-referenced matter. LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: BASIL A: DISIPIO, ESQUIRE Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. DATED: January 31, 2011 CERTIFICATE OF SERVICE I, Basil A. DiSipio, Esquire, hereby certify that the foregoing Entry of Appearance was filed with the Prothonotary of the Cumberland County Court of Common Pleas and forwarded to counsel and parties identified below, via first class mail on this 31 st day of January, 2011. George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO, GILROY & FALLER 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: 9144=== ASIL A. DISIPIO, ESQUIRE Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. DATED: January 31, 2011 LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Basil A. DiSipio, Esquire Attorney I.D. No.: 28212 Attorney for Defendants, 190 N. Independence Mall West Timothy Beaston and 6th and Race Streets, Suite 500 Asplundh Tree Expert Co. Philadelphia, PA 19106 KIMBERLY S. OCKER, individually IN THE COURT OF COMMON PLEAS and as Legal Guardian for her husband, CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. OCKER, Plaintiff, V. TIMOTHY BEASTON and ASPLUNDH TREE EXPERT CO. Defendants. NO.: 11-332 CIVIL ACTION - LAW mm rn r "nrn ?.' C> c::> ?[ G - ? "L7t -n ?•C:) ?, FZ C) rn un DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: A twelve (12) member jury is hereby demanded in the above-entitled case by defendants, Timothy Beaston and Asplundh Tree Expert Co. LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: BASI A. ISIPIO, ESQUIRE Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. DATED: January 31, 2011 CERTIFICATE OF SERVICE I, Basil A. DiSipio, Esquire, hereby certify that the foregoing Demand for Jury Trial was filed with the Prothonotary of the Cumberland County Court of Common Pleas and forwarded to counsel and parties identified below, via first class mail on this 31st day of January, 2011. George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO, GILROY & FALLER 10 East High Street Carlisle, P A 17013 Attorney for Plaintiff LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: BASIL A. DISIPIO, ESQUIRE Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. DATED: January 31, 2011 rnj-FICZ i l~ i? c.+_ _ 1n i.I tl 1 21I I FED 2 rah l 121 CUMBEP'LAtip COUNTY ??NNSYLVA%Ipk To: Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty days of service thereof or a default judgment may be entered against you. BY: BASIL A. DISIPIo, EsoulxE LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Basil A. DiSipio, Esquire Attorney I.D. No.: 28212 Attorney for Defendants, Timothy Beaston and 190 N. Independence Mall West Asplundh Tree Expert Co. 6th and Race Streets, Suite 500 Philadelphia, PA 19106 KIMBERLY S. OCKER, individually and as IN THE COURT OF COMMON PLEAS Legal Guardian for her husband, WILLIAM CUMBERLAND COUNTY, PENNSYLVANIA H. OCKER, V. Plaintiffs, TIMOTHY BEASTON and ASPLUNDH TREE EXPERT CO. Defendants. NO.: 11-332 CIVIL ACTION - LAW ANSWER WITH NEW MATTER OF DEFENDANT, ASPLUNDH TREE EXPERT CO. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 1 of plaintiffs' Complaint and, therefore, the averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 2 of plaintiffs' Complaint and, therefore, the averments are denied and strict proof thereof is demanded at the time of trial. 3. Denied as stated. It is admitted that plaintiffs have attached as Exhibit "A" a copy of a Decree, dated September 11, 2009, from the Court of Common Pleas of Cumberland County, Pennsylvania. The Decree speaks for itself. 4. Denied as stated. The averments of Paragraph 4 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. In any event, answering defendant admits that at the time of the alleged accident, defendant, Timothy Beaston, resided at R.D. 5 Box 21, P.O. Box 101, Mifflin, Pennsylvania 17058. 5. Denied as stated. It is admitted that Asplundh Tree Expert Co. is a Pennsylvania corporation with a principal place of business at 708 Blair Mill Road, Willow Grove, Pennsylvania 19090. 6. Denied as stated. It is admitted that, according to the relevant Commonwealth of Pennsylvania Police Crash Report, on June 22, 2009, plaintiff, William Ocker, was operating a 2008 International Harvester, Model 600 tractor, bearing Vehicle Identification Number 2HSCHAMR4YC071394, and trailer owned by his employer, Clouse Trucking, while traveling south on State Highway Route 11 in Shippensburg Township, Cumberland County, Pennsylvania. 7. Denied as stated. The averments of Paragraph 7 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. In any event, answering defendant admits that at the time of the alleged accident defendant, Timothy Beaston, was operating a 2002 Ford F-250 pickup truck traveling east on Conestoga Drive in Shippensburg Township, Cumberland County, Pennsylvania. 8. Denied as stated. Answering defendant admits that at the time of the alleged accident defendant, Timothy Beaston, was operating a 2002 Ford F-250 pickup truck, which was owned and/or possessed by answering defendant. However, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. 9. Denied. The averments of Paragraph 9 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. Further, insofar as the averments are conclusions of law, no responsive pleading is required. In any event, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. 10. Denied. The averments of Paragraph 10 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. Further, insofar as the averments are conclusions of law, no responsive pleading is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments of Paragraph 10 of plaintiffs' Complaint and, therefore, the remaining averments are denied and strict proof thereof is demanded at the time of trial. Moreover, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. COUNTI Kimberly S. Ocker, as Guardian for William H. Ocker v. Timothy Beaston 11. Answering defendant incorporates by reference its responses to paragraphs (1) through (10) of plaintiffs' Complaint as though said answers were fully set forth herein. 12. Denied as stated. The averments of Paragraph 12 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. Further, insofar as the averments are conclusions of law, no responsive pleading is required. In any event, answering defendant admits that, according to the relevant Commonwealth of Pennsylvania Police Crash Report, on June 22, 2009, plaintiff, William Ocker, was operating a 2008 International Harvester, Model 600 tractor, bearing Vehicle Identification Number 2HSCHAMR4YC071394, and trailer traveling south on State Highway Route 11 in Shippensburg Township, Cumberland County, Pennsylvania. However, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. 13. Denied as stated. The averments of Paragraph 13 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. Further, insofar as the averments are conclusions of law, no responsive pleading is required. In any event, answering defendant admits that, on June 22, 2009, Timothy Beaston, was operating a 2002 Ford F-250 pickup truck traveling east on Conestoga Drive in Shippensburg Township, Cumberland County, Pennsylvania. It is also admitted that, at the time of the alleged accident, the intersection of Conestoga Drive and State Highway Route 11 in Shippensburg Township, Cumberland County, Pennsylvania was controlled by a stop sign. However, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. 14. Denied. The averments of Paragraph 14 (a)-(d) of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. Further, insofar as the averments are conclusions of law, no responsive pleading is required. Hence, all the averments of Paragraph 14 (a)-(d) inclusive, are denied and strict proof thereof is demanded at the time of trial. 15. Denied. The averments of Paragraph 15 (a)-(c) of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 15 (a)-(c) of plaintiffs' Complaint and, therefore, those averments are denied and strict proof thereof is demanded at the time of trial. 16. Denied. The averments of Paragraph 16 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 16 of plaintiffs' Complaint and, therefore, those averments are denied and strict proof thereof is demanded at the time of trial. 17. Denied. The averments of Paragraph 17 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 17 of plaintiffs' Complaint and, therefore, those averments are denied and strict proof thereof is demanded at the time of trial. 18. Denied. The averments of Paragraph 18 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. Further, insofar as the averments are conclusions of law, no responsive pleading is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments of Paragraph 18 of plaintiffs' Complaint and, therefore, the remaining averments are denied and strict proof thereof is demanded at the time of trial. 19. Denied. The averments of Paragraph 19 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 19 of plaintiffs' Complaint and, therefore, those averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant denies it is in any way liable to plaintiff, Kimberly S. Ocker as Guardian for William H. Ocker, or any party, person or entity and demands judgment in its favor with costs therefor. COUNT II Kimberly S. Ocker, as Guardian for William H. Ocker v. Asplundh Tree Expert Co. 20. Answering defendant incorporates by reference its responses to paragraphs (1) through (19) of plaintiffs' Complaint as though said answers were fully set forth herein. 21. Denied as stated. Answering defendant admits that at the time of the alleged accident, defendant, Timothy Beaston, was employed by answering defendant. However, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. WHEREFORE, Answering Defendant denies it is in any way liable to plaintiff, Kimberly S. Ocker as Guardian for William H. Ocker, or any party, person or entity and demands judgment in its favor with costs therefor. COUNT III Kimberly S. Ocker v. Timothy Beaston and Asplundh Tree Expert Co. 22. Answering defendant incorporates by reference its responses to paragraphs (1) through (21) of plaintiffs' Complaint as though said answers were fully set forth herein. 23. Denied. To the extent that the averments of Paragraph 23 of plaintiffs' Complaint are directed to a party other than the answering defendant, no response is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 23 of plaintiffs' Complaint and, therefore, the averments are denied and strict proof thereof is demanded at the time of trial. 24. Denied. To the extent that the averments of Paragraph 24 of plaintiffs' Complaint are directed to a party other than the answering defendant, no response is required. Further, insofar as the averments are conclusions of law, no responsive pleading is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments of Paragraph 24 of plaintiffs' Complaint and, therefore, the averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant denies it is in any way liable to plaintiff, Kimberly S. Ocker as Guardian for William H. Ocker, or any party, person or entity and demands judgment in its favor with costs therefor. NEW MATTER 25. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. 26. Plaintiffs' Complaint may be barred by the applicable Statute of Limitations. 27. Venue may be improper. 28. The incident described in plaintiffs' Complaint may have been caused or contributed to by the negligence of plaintiff, William H. Ocker. 29. Plaintiff, William H. Ocker, may have assumed the risk of his activities. 30. Negligent acts or omissions of other individuals and/or entities may have constituted an intervening, superseding cause of the injuries and/or damages alleged to have been sustained by the plaintiffs and were not proximately caused by answering defendant. 31. The alleged claims, damages, and/or causes of action of plaintiffs may have been caused in whole or in part by the conduct of a person, persons and/or entities over whom answering defendant has no control or right to control and, therefore, answering defendant is not responsible. 32. The damages allegedly sustained by plaintiffs were not proximately caused by answering defendant. 33. Plaintiffs' claims may be barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. § 1701, et seq. 34. Answering defendant owed no duty to plaintiffs. 35. Plaintiffs may have failed to preserve evidence crucial to this litigation and may be responsible for negligent and/or intentional spoliation of evidence. 36. Answering defendant pleads any and all releases entered into by plaintiffs, as a reduction, in whole or in part, of any damages plaintiffs are entitled to recover from answering defendant, it being specifically denied that answering defendant is liable to the plaintiffs in any respect. 37. Answering defendant hereby reserves the right upon completion of investigation and discovery, which is ongoing and incomplete, to file additional defenses, counterclaims and/or third party complaints as may be appropriate. WHEREFORE, Answering Defendant demands judgment in its favor together with costs and attorney's fees and such other relief this Court may deem appropriate. LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: BASIL A. D SIPIO, ESQ E Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. DATED: February 23, 2011 VERIFICATION I, Basil A. DiSipio, Esquire, depose and state that I am counsel for defendant, Asplundh Tree Expert Co., in this action, that I have read the foregoing Answer with New Matter to plaintiffs' Complaint, and that I have sufficient knowledge that the facts contained therein are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: BASIL A. DISIPIO, ESQUIRE Attorney for Defendant, Asplundh Tree Expert Co. CERTIFICATE OF SERVICE I, Basil A. DiSipio, Esquire, hereby certify that the foregoing Answer with New Matter was filed with the Prothonotary of the Cumberland County Court of Common Pleas and forwarded to counsel and parties identified below, via first class mail, on this 23rd day of February, 2011. George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO, GILROY & FALLER 10 East High Street Carlisle, PA 17013 Attorney for Plaintiffs LAVIN, O'NEIL, R CI, CEDRONE & DISIPIO I d- By: BASIL A. DISIPIO, ESQUIRE Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Basil A. DiSipio, Esquire Attorney I.D. No.: 28212 Attorney for Defendants, 190 N. Independence Mall West Timothy Beaston and, Suite 500 Asplundh Tree Expert Co. 6th and Race Streets Philadelphia, PA 19106 KIMBERLY S. OCKER, individually and as IN THE COURT OF COMMON PLEAS Legal Guardian for her husband, WILLIAM H. CUMBERLAND COUNTY, PENNSYLVANIA OCKER, Plaintiffs, V. TIMOTHY BEASTON and ASPLUNDH TREE: EXPERT CO. Defendants. NO.: 11-332 CIVIL ACTION - LAW rn rn . U*)r vn ?o C? C> "l Ica C) SUBSTITUTION OF VERIFICATION yc? c? Kindly substitute the attached verification of Larry T. Gauger, Jr., authorized agent for named defendant, Asplundh Tree Expert Co., for the Attorney Verification which was attached to the Answer with New Matter of Defendant, Asplundh Tree Expert Co. LAWN, O'NEIL, RICCI, CEDRONE & DISIPIO By: BASIL A. SIPIO, ESQUIRE Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. DATED: March 1, 2011 VERIFICATION I, " I Gtr MJ/ , depose and says as follows: That I am ?? I/_ ?l /of Asplundh Tree Expert Co., defendant in the above-entitled action; that I have read the foregoing Answer with New Matter to Plaintiffs' Complaint by me subscribed and know the contents thereof; that the Answer with New Matter to Plaintiffs' Complaint was prepared with the assistance and advice of counsel upon which I relied; that the Answer with New Matter to Plaintiffs' Complaint set forth herein is subject to inadvertent and undiscovered errors and based on and therefore is necessarily limited by the records and information still in existence, presented or recollected and thus far discovered in the course of the preparation of the Answer with New Matter to Plaintiffs' Complaint; that consequently defendant reserves the right to make any changes in this Answer with New Matter to Plaintiffs' Complaint if it appears at any time that omissions or errors have been made therein or that more accurate information is available; that subject to the limitations set forth herein, this Answer with New Matter to Plaintiffs' Complaint is true to the best of my knowledge, information and belief and my statement is subject to the provisions of Pa. C.S.A. 18 §4904, relating to unsworn falsification to authorities. DATED: Z Z? CERTIFICATE OF SERVICE I, Basil A. DiSipio, Esquire, hereby certify that the foregoing Substitution of Verification was filed with the Prothonotary of the Cumberland County Court of Common Pleas and forwarded to counsel and parties identified below, via first class mail, on this 1 st day of March, 2011. George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO, GILROY & FALLER 10 East High Street Carlisle, PA 17013 Attorney for Plaintiffs LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: BASIL A. DISIPIO, ESQUIRE Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. F'??-OFFiC ILL OF THE PROTHONOTAh'` 20i 114AR -3 0 10: 41 CUMBERLAND COUNTY PENNSYLVANIA LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Basil A. DiSipio, Esquire Attorney I.D. No.: 28212 190 N. Independence Mall West 6'h and Race Streets, Suite 500 Philadelphia, PA 19106 To: Plaintiffs: You are hereby notified to plead to the enclosed New Matter within twenty days of service thereof or a default judgment may be entered against you. BY: BASIL A. DISIPIo, ESQUIRE Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. KIMBERLY S. OCKER, individually and as IN THE COURT OF COMMON PLEAS Legal Guardian for her husband, CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. OCKER, Plaintiffs, NO.: 11-332 V. CIVIL ACTION - LAW TIMOTHY BEASTON and ASPLUNDH TREE EXPERT CO. Defendants. ANSWER WITH NEW MATTER OF DEFENDANT, TIMOTHY BEASTON 1. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 1 of plaintiffs' Complaint and, therefore, the averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 2 of plaintiffs' Complaint and, therefore, the averments are denied and strict proof thereof is demanded at the time of trial. 3. Denied as stated. It is admitted that plaintiffs have attached as Exhibit "A" a copy of a Decree, dated September 11, 2009, from the Court of Common Pleas of Cumberland County, Pennsylvania. The Decree speaks for itself. 4. Denied as stated. Answering defendant admits that he is a citizen and resident of the Commonwealth of Pennsylvania, and that he resides at P.O. Box 101, Mifflin, Pennsylvania 17058. 5. Denied. The averments of Paragraph 5 of plaintiffs' Complaint are directed to a party other than the answering defendant, and thus no response is required. Further, insofar as the averments are conclusions of law, answering defendant states that no responsive pleading is required. Hence, all the averments of Paragraph 5 are denied and strict proof thereof is demanded at the time of trial. 6. Denied as stated. It is admitted that, according to the relevant Commonwealth of Pennsylvania Police Crash Report, on June 22, 2009, plaintiff, William Ocker, was operating a 2008 International Harvester, Model 600 tractor, bearing Vehicle Identification Number 2HSCHAMR4YC071394, and trailer owned by his employer, Clouse Trucking, while traveling south on State Highway Route 11 in Shippensburg Township, Cumberland County, Pennsylvania. 7. Denied as stated. Answering defendant admits that at the time of the alleged accident he was operating a 2002 Ford F-250 pickup truck traveling east on Conestoga Drive in Shippensburg Township, Cumberland County, Pennsylvania. However, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. 2 8. Denied as stated. Answering defendant admits that at the time of the alleged accident he was operating a 2002 Ford F-250 pickup truck, which was owned and/or possessed by defendant, Asplundh Tree Expert Co. However, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. 9. Denied. The averments of Paragraph 9 of plaintiffs' Complaint are conclusions of law, thus no responsive pleading is required. In any event, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. 10. Denied. The averments of Paragraph 10 of plaintiffs' Complaint are conclusions of law, thus no responsive pleading is required. In any event, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. Furthermore, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments of Paragraph 10 of plaintiffs' Complaint and, therefore, the remaining averments are denied and strict proof thereof is demanded at the time of trial. COUNTI Kimberly S. Ocker, as Guardian for William H. Ocker v. Timothy Beaston 11. Answering defendant incorporates by reference his responses to paragraphs (1) through (10) of plaintiffs' Complaint as though said answers were fully set forth herein. 12. Denied as stated. The averments of Paragraph 12 of plaintiffs' Complaint are conclusions of law, thus no responsive pleading is required. In any event, answering defendant admits that, according to the relevant Commonwealth of Pennsylvania Police Crash Report, on 3 June 22, 2009, plaintiff, William Ocker, was operating a 2008 International Harvester, Model 600 tractor, bearing Vehicle Identification Number 2HSCHAMR4YC071394, and trailer traveling south on State Highway Route 11 in Shippensburg Township, Cumberland County, Pennsylvania. However, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. 13. Denied as stated. Insofar as the averments of Paragraph 13 of plaintiffs' Complaint are conclusions of law, no responsive pleading is required. In any event, answering defendant admits that, on June 22, 2009, he was operating a 2002 Ford F-250 pickup truck traveling east on Conestoga Drive in Shippensburg Township, Cumberland County, Pennsylvania. It is also admitted that, at the time of the alleged accident, the intersection of Conestoga Drive and State Highway Route 11 in Shippensburg Township, Cumberland County, Pennsylvania was controlled by a stop sign. However, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. 14. Denied. The averments of Paragraph 14 (a)-(d) of plaintiffs' Complaint are conclusions of law, thus no responsive pleading is required. In any event, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. Hence, all the averments of Paragraph 14 (a)-(d) inclusive, are denied and strict proof thereof is demanded at the time of trial. 15. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 15 (a)-(c) of plaintiffs' Complaint and, therefore, those averments are denied and strict proof thereof is demanded at the time of trial. 4 16. Denied. Insofar as the averments of Paragraph 16 of plaintiffs' Complaint are conclusions of law, no responsive pleading is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments of Paragraph 16 of plaintiffs' Complaint and, therefore, the remaining averments are denied and strict proof thereof is demanded at the time of trial. 17. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 17 of plaintiffs' Complaint and, therefore, those averments are denied and strict proof thereof is demanded at the time of trial. 18. Denied. Insofar as the averments of Paragraph 18 of plaintiffs' Complaint are conclusions of law, no responsive pleading is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments of Paragraph 18 of plaintiffs' Complaint and, therefore, the remaining averments are denied and strict proof thereof is demanded at the time of trial. 19. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 19 of plaintiffs' Complaint and, therefore, those averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant denies he is in any way liable to plaintiff, Kimberly S. Ocker as Guardian for William H. Ocker, or any party, person or entity and demands judgment in his favor with costs therefor. 5 COUNT II Kimberly S. Ocker, as Guardian for William H. Ocker v. Asplundh Tree Expert Co. 20. Answering defendant incorporates by reference his responses to paragraphs (1) through (19) of plaintiffs' Complaint as though said answers were fully set forth herein. 21. Denied as stated. The averments of Paragraph 21 of plaintiffs' Complaint are directed to a party other than the answering defendant, thus no response is required. In any event, answering defendant admits that at the time of the alleged accident he was employed by defendant, Asplundh Tree Expert Co. However, it is specifically denied that answering defendant is in any way responsible for the injuries and damages referred to in plaintiffs' Complaint. WHEREFORE, Answering Defendant denies he is in any way liable to plaintiff, Kimberly S. Ocker as Guardian for William H. Ocker, or any party, person or entity and demands judgment in his favor with costs therefor. COUNT III Kimberly S. Ocker v. Timothy Beaston and Asplundh Tree Expert Co. 22. Answering defendant incorporates by reference his responses to paragraphs (1) through (21) of plaintiffs' Complaint as though said answers were fully set forth herein. 23. Denied. To the extent that the averments of Paragraph 23 of plaintiffs' Complaint are directed to a party other than the answering defendant, no response is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 23 of plaintiffs' Complaint and, therefore, the averments are denied and strict proof thereof is demanded at the time of trial. 6 24. Denied. To the extent that the averments of Paragraph 24 of plaintiffs' Complaint are directed to a party other than the answering defendant, no response is required. Further, insofar as the averments are conclusions of law, no responsive pleading is required. In any event, after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments of Paragraph 24 of plaintiffs' Complaint and, therefore, the averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant denies he is in any way liable to plaintiff, Kimberly S. Ocker as Guardian for William H. Ocker, or any party, person or entity and demands judgment in his favor with costs therefor. NEW MATTER 25. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. 26. Plaintiffs' Complaint may be barred by the applicable Statute of Limitations. 27. Venue may be improper. 28. The incident described in plaintiffs' Complaint may have been caused or contributed to by the negligence of plaintiff, William H. Ocker. 29. William H. Ocker may have assumed the risk of his activities. 30. Negligent acts or omissions of other individuals and/or entities may have constituted an intervening, superseding cause of the injuries and/or damages alleged to have been sustained by the plaintiffs and were not proximately caused by answering defendant. 31. The alleged claims, damages, and/or causes of action of plaintiffs may have been caused in whole or in part by the conduct of a person, persons and/or entities over whom 7 answering defendant has no control or right to control and, therefore, answering defendant is not responsible. 32. The damages allegedly sustained by plaintiffs were not proximately caused by answering defendant. 33. Plaintiffs' claims may be barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. § 1701, et seq. 34. Answering defendant owed no duty to plaintiffs. 35. Plaintiffs may have failed to preserve evidence crucial to this litigation and may be responsible for negligent and/or intentional spoliation of evidence. 36. Answering defendant pleads any and all releases entered into by plaintiffs, as a reduction, in whole or in part, of any damages plaintiffs are entitled to recover from answering defendant, it being specifically denied that answering defendant is liable to the plaintiffs in any respect. 37. Answering defendant hereby reserves the right upon completion of investigation and discovery, which is ongoing and incomplete, to file additional defenses, counterclaims and/or third party complaints as may be appropriate. WHEREFORE, Answering Defendant demands judgment in his favor together with costs and attorney's fees and such other relief this Court may deem appropriate. LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO f By. ``'?---- BASIL A. DISH O, ESQUIRE Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. DATED: March 1, 2011 8 VERIFICATION I, Ti w? v1-? y L . ?3 QAs 4,s depose and says as follows: That I am a defendant in the above-entitled action; that I have read the foregoing Answer with New Matter to Plaintiffs' Complaint by me subscribed and know the contents thereof, that the Answer with New Matter to Plaintiffs' Complaint was prepared with the assistance and advice of counsel upon which I relied; that the Answer with New Matter to Plaintiffs' Complaint set forth herein is subject to inadvertent and undiscovered errors and based on and therefore is necessarily limited by the records and information still in existence, presented or recollected and thus far discovered in the course of the preparation of the Answer with New Matter to Plaintiffs' Complaint; that consequently defendant reserves the right to make any changes in this Answer with New Matter to Plaintiffs' Complaint if it appears at any time that omissions or errors have been made therein or that more accurate information is available; that subject to the limitations set forth herein, this Answer with New Matter to Plaintiffs' Complaint is true to the best of my knowledge, information and belief and my statement is subject to the provisions of Pa. C.S.A. 18 §4904, relating to unsworn falsification to authorities. J DATED: .2 - 2 V - /. CERTIFICATE OF SERVICE I, Basil A. DiSipio, Esquire, hereby certify that the foregoing Answer with New Matter was filed with the Prothonotary of the Cumberland County Court of Common Pleas and forwarded to counsel and parties identified below, via first class mail, on this I st day of March, 2011. George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS, OTTO, GILROY & FALLER 10 East High Street Carlisle, PA 17013 Attorney for Plaintiffs LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO By: BASIL A. D IO, ESQUIRE Attorney for Defendants, Timothy Beaston and Asplundh Tree Expert Co. George B. Faller, Jr., Esquire lLEj} I.D. No. 49813 FHE o MARTSON DEARDORFF WILLIAMS OTTO GILROY & F ER MARTSON LAW OFFICES "JUN 16 AN' : tz 10 East High Street '., Carlisle, PA 17013 CUPENN ,GLu L, ? (717) 243-3341 SY `ANIA Attorneys for Plaintiffs KIMBERLY S. OCKER, individually and IN THE COURT OF COMMON PLEAS OF as Legal Guardian for her husband, CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. OCKER, : Plaintiff V. TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants. As a prerequisite to service of a subpoena for documents and things pursuant to Rule CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to NO. 11-332 CIVIL ACTION - LAW JURY TRIAL DEMANDED the notice of intent to serve the subpoena. Date MARTSON LAW OFFICES By: George B. Faller, Jr., Es . e I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 / Attorneys for Plaintiff F', FILESIClientmI3509 Ocker\13509 1 subpoena notice 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 Plaintiffs KIMBERLY S. OCKER, individually and IN THE COURT OF COMMON PLEAS OF as Legal Guardian for her husband, CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. OCKER, : Plaintiff V. TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants. NO. 11-332 CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. MARTSON LAW OFFICES By: Ge ge B. Faller, Jr., ire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: S&111 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly S. Ocker, individually and as Guardian of William H. Ocker Plaintiff File No. 11-332 VS. Timothy L. Beaston and Asplundh Tree Expert Co. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commissioner of the Pennsylvania State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110-9758 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: The complete file, including measurements, photographs and diagrams, relating to the raw data collected with regard to an automobile accident on June 22, 2009, involving Timothy L. Beaston and William H. Ocker, which occurred at the intersection of Route 11 and Conestoga Drive, in Shippensburg, Cumberland County, Pennsylvania, investigated by PSP, Troop H, 1538 Commerce Avenue, Carlisle, PA 17013. Incident No. H02-1859950. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George B. Faller, Jr., Esquire/Seth T. Mosebey, Esquire ADDRESS: MansonL offices 10 East High Street Carlisle, PA 17013 TELEPHONE: 717-243-3341 SUPREME COURT ID # 49813/203046 ATTORNEY FOR: Plaintiff BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Notice of Intent to Serve Subpoena was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Basil DiSipio, Esquire LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO 190 North Independence Mall West, Suite 500 6th & Race Streets Philadelphia, PA 19106 MARTSON LAW OFFICES By: A") A, GL M . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: George B. Faller, Jr., Esquire FILED-0 No. 49813 TF#E Pt;? I(?'L I MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALL, MARTSON LAW OFFICES tt, JL18 16 AH 10 East High Street C.1lyBEFi[ ; 0 , Carlisle, PA 17013 0 "! PENNS (717) 243-3341 :; . Attorneys for Plaintiffs KIMBERLY S. OCKER, individually and IN THE COURT OF COMMON PLEAS OF as Legal Guardian for her husband, CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. OCKER, Plaintiff V. TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants. NO. 11-332 CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARTSON LAW OFFICES 1 By: ?• George B. Faller, Jr., E ire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 / Date: Attorneys for Plaintiff IV F FILES.('Iients,115090cker•13509.I subpoena,notice2 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 Plaintiffs KIMBERLY S. OCKER, individually and IN THE COURT OF COMMON PLEAS OF as Legal Guardian for her husband, CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. OCKER, ; Plaintiff v. TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants. NO. 11-332 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. MARTSON LAW OFFICES Date: J/- 0a#/`/ By: t5,eA4,-0 Georg6 B. Faller, Jr., EsquY I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kimberly S. Ocker, individually and as Guardian of William H. Ocker Plaintiff VS. Timothy L. Beaston and Asplundh Tree Expert Co. Defendant File No, 11-3 32 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance Company (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Your complete investigative file for the property damage claim made by John D. Diehl, who resides at, 987 Ritner Highway, Shippensburg, PA 17257, relating to an automobile accident which occurred on June 22, 2009. at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George B. Faller, Jr., Esquire/Seth T. Mosebey, Esquire ADDRESS: Manson Law Offices 10 East High Street Carlisle, P.q 17013 TELEPHONE: 717-243-3341 SUPREME COU RT ID # 49x13rz03046 ATTORNEY FOR: Pw,ioff BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy CERTIFICATE OF SERVICE 1, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Notice of Intent to Serve Subpoena was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Basil DiSipio, Esquire LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO 190 North Independence Mall West, Suite 500 6th & Race Streets Philadelphia, PA 19106 MARTSON LAW OFFICES By: V3444 ) V1, C?L M .Price Ten E st High Street Carlisle, PA 17013 (717) 243-3341 Dated: /?? // FAFILESTlients\13509 Ocker\13509.I.motion.status conference l.wpd George B. Faller, Jr., Esquire I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F.'LEC-O F IC€:: "HE PROTHION?1T?iR?? 4.?? i 2012 FEB 22 PM 3: 37 CUMBERLAND COUNTY PENNSYLVANIA KIMBERLY S. OCKER, individually and as Legal Guardian for her husband, WILLIAM H. OCKER, Plaintiff V. TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-332 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR STATUS CONFERENCE AND NOW, comes the Plaintiff, Kimberly S. Ocker, individually and as Legal Guardian for her husband, William H. Ocker, and hereby files the following Motion for Status Conference: 1. This case arises out of an automobile accident involving a tractor and trailer operated by William Ocker, and a pick up truck operated by Timothy Beaston, which occurred on June 22, 2009. 2. At the time of the accident, Mr. Ocker was transporting milk and was traveling south on State Route 11, heading towards Shippensburg, Pennsylvania. 3. Plaintiff alleges that Defendant Beaston, who was allegedly operating his truck while in the capacity of his employment with Defendant Asplundh, pulled out from Conestoga Road into the path of Mr. Ocker's truck, causing a severe collision. 4. As a result of the accident, Mr. Ocker sustained significant injuries, including diffuse axonal injury to the brain, C6-7 transverse process fracture, and left I Ot' through 12t' rib fractures. 5. On January 14, 2011, Plaintiff commenced this action by filing a Complaint against both Defendant Timothy Beaston and Defendant Asplundh Tree Expert Co. 6. The Defendants filed their Answer with New Matter on or about February 23, 2011. 7. Plaintiff filed her Reply to New Matter on May 9, 2011. 8. Since the pleadings have closed, the parties have exchanged and answered written discovery. 9. The parties have taken the depositions of several witnesses, including the investigating police officers and first responders. 10. Additional depositions will be required if this case proceeds to trial. 11. The parties engaged in mediation on December 16, 2011, and are discussing scheduling a second mediation session. 12. In order to keep this case moving forward, Plaintiff is seeking to schedule a status conference to establish deadlines for the completion of discovery, exchange of expert reports, and a tentative trial date. 13. The Honorable Judge Kevin Hess previously presided over the proceeding to appoint a guardian for Mr. Ocker. 14. Plaintiff's counsel has sought the concurrence of Defendants' counsel with regard to the relief requested herein, and the Defendants' counsel has not opposed this Motion. WHEREFORE, Plaintiff, Kimberly S. Ocker, moves this Court for the entry of an Order scheduling a status conference to establish deadlines for the completion of discovery and to schedule a tentative trial date. MARTSON LAW OFFICES By: J George B. Faller, Jr., Esqu' I.D. No. 49813 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: %-? ?? 2 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion for Status Conference was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Basil DiSipio, Esquire Damien M. Taranto, Esquire LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO 190 North Independence Mall West, Suite 500 6th & Race Streets Philadelphia, PA 19106 MARTSON LAW OFFICES ' A -, ?1' By: Price M Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: c2# 2-/)O/ S KIMBERLY S. OCKER, individually and as Legal Guardian for her husband, WILLIAM H. OCKER, Plaintiff V. TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-332 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this ,' L day of February, 2012, upon consideration of the within Motion, it is hereby ORDERED that a status conference is scheduled for <'-F , 2012, at ' :L o'clock, ,..- .m., in Courtroom No. -1 By the Court, V J. Distribution: George B. Faller, Jr., Esquire Seth T. Mosebey, Esquire (7-' Attorneys for Plaintiff Basil DiSipio, Esquire y co -'a ; Damien M. Taranto, Esquire r Attorneys for Defendants r- -n r Ar-. C r. KIMBERLY S. OCKER, individually IN THE COURT OF COMMON PLEAS OF and as Legal Guardian for her CUMBERLAND COUNTY, PENNSYLVANIA Husband, WILLIAM H. OCKER, Plaintiff V. NO. 11-332 CIVIL ACTION - LAW TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE CONTINUATION ORDER OF COURT AND NOW, this 4th day of April, 2012, after a conference in chambers, with all sides being represented by counsel, this matter is hereby deferred for another status conference on Thursday, June 7, 2012, at 11:00 a.m. The Court is advised that there is a second mediation on April 30, 2012, and that the case may possibly be settled at that mediation. If it is not, the subsequent status conference scheduled for June 7th will be held so that we can establish discovery deadlines and move the case to trial. By the Court, Christyle L. Peck, J. <? ---1_ s ? George B. Faller, Jr., Esquire s ±. Seth T. Mosebey, Esquire sn 10 E High Street Carlisle PA 17013 For the Plaintiff. John Bateman, Esquire Damien M. Taranto, Esquire 190 N. Independence Mall West 6th and Race Streets Ste 500 Philadelphia PA 19106 For the Defendants ? Ct Admin pcb Cc'F', ?s ??a; Ind ?f f to ?? a George B. Faller, Jr., Esquire { rFl0{'? F > I.D. No. 49813 C I2 MAY 24 MARTSONDEARDORFF WILLIAMS OTTO GILROY& FALLER PM 3: ^ c , MARTSON LAW OFFICES 10 East High Street r4S Y j ;!A f t} Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs KIMBERLY S. OCKER, individually and IN THE COURT OF COMMON PLEAS OF as Legal Guardian for her husband, CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. OCKER, Plaintiff V. TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants. NO. 11-332 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND, Now this -2 Viay of May, 2012, a hearing is hereby scheduled on the Petition for Court Approval in the above-referenced matter. The hearing will be held on June 7, 2012 at 11:00 a.m. It is further ordered that the original Petition filed with the Prothonotary shall be deemed to be filed under seal and not subject to public inspection. BY THE COURT: ern.'IcL, 1 s?a,s/ice, KIMBERLY S. OCKER, IN THE COURT OF COMMON PLEAS OF individually and as Legal CUMBERLAND COUNTY, PENNSYLVANIA Guardian for her husband, WILLIAM H. OCKER, Plaintiff V. CIVIL ACTION - LAW TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendant 11-332 CIVIL TERM IN RE: PROPOSED SETTLEMENT ORDER OF COURT AND NOW, this 7th day of June, 2012, after having a hearing in this matter on the proposed settlement in this case, and William H. Ocker having been present and the Court having heard testimony from the Plaintiff, this matter is hereby taken under advisement. By the Court, x., fig Christ ee L. Peck, J. ? George B. Faller, Jr., Esquire 10 East High Street Carlisle, PA 17013 For the Plaintiff V Basil A. Disipio, Esquire 190 N. Independence Mall West Philadelphia, PA 19106 For the Defendants pcb ?Vp; f 5 ma. he'd L??l r ?ia Avi- 'J = Fri T ~ e Z-1: 1 - .° ? co 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 KIMBERLY S. OCKER, individually and as Legal Guardian for her husband, WILLIAM H. OCKER, Plaintiff, and QBE INSURANCE CORPORATION, o-F iHt PROTHONOTARY 2012 JuN 29 PM 3: 24 E Y? COWTY ANIA Attorneys for Intervenor QBE Insurance Corporation IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Intervenor, V. TIMOTHY L. BEASTON and ASPLUNDH TREE EXPERT CO., Defendants. CIVIL ACTION - LAW NO. 11-33?'?- QBE INSURANCE CORPORATION'S PETITION TO INTERVENE QBE Insurance Corporation ("QBE"), by and through its attorneys, Post & Schell, P.C., hereby files the following Petition to Intervene and avers as follows: L This matter arises from a June 22, 2009 motor vehicle accident involving vehicles driven by Plaintiff, William H. Ocker and Defendant Timothy L. Beaston, an employee of Defendant Asplundh Tree Expert Company (collectively referred to as "Defendants"). 2. Upon information and belief, William H. Ocker suffered serious and permanent back and head injuries as a result of the aforesaid accident.