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HomeMy WebLinkAbout11-2156EiL EO-Or F ICE OF T1;E PR01 h0IN'0TAF y REBECCA GILLAN, 2260 Waggoners Gap Road Carlisle, Pennsylvania 17013 29,11 FEB 23 Fly 1: 50, CUMBERLAND COUNT'( RE. ININ SYLVAN1A SUSAN BURRUSS 3916 Warleigh Way Plaintiff Mechanicsburg, Pennsylvania 17050 and Defendant GREGORY HAINES 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 20 ll : Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Q 9 9 ofl ?'? a 1 ARCHER & GREINER BY.• Robert C. Beck, Jr., Esquire (No. 59582) One Liberty Place, 32"d Floor 1650 Market Street Philadelphia, PA 19103-7393 (215) 963-3300 Attorney for Plaintiff THIS IS NOT AN ARBITRA TION MATTER. ANASSESSMENT OF DAMAGES HEARING IS REQUIRED. A JURY TR]AL IS DEMANDED. REBECCA GILLAN, 2260 Waggoners Gap Road Carlisle, Pennsylvania 17013 Plaintiff A SUSAN BURRUSS 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 and GREGORY IIAINES 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW No.. 2011- COMPLAINT IN CIVIL ACTION AND NOW, Plaintiff, Rebecca Gillan, through her attorneys, Archer & Greiner, P.C., hereby files her Complaint and avers the following in support thereof- L PARTIES Plaintiff, Rebecca Gillan, is an adult individual who, at all times material hereto, has resided at the above address. 2. Defendant, Susan Burruss, is an adult individual who, at all times material hereto, has resided at the above address. 2 3. Defendant, Gregory Haines, is an adult individual who, at all times material hereto, has resided at the above address. II. JURISDICTIONAND VENUE 4. The Defendants reside in Cumberland County, Pennsylvania III. COMMON AVERMENTS 5. On or about April 20, 2009 at approximately 5:45 p.m., Plaintiff, Rebecca Gillan was lawfully operating her motor vehicle westbound on Trindle Road at or near its intersection with South Middlesex Road in Middlesex Township, Cumberland County, Pennsylvania. 6. At the above stated date and time, Defendant Karen Burruss, was the owner and operator of a 2000 Dodge Truck, which was co-owned with the Defendant Gregory Haines, southbound on South Middlesex Road at or near its intersection with Trindle Road in Middlesex Township, Cumberland County, Pennsylvania, when she came upon a stop sign which required her to stop her vehicle and yield the right of way to traffic on Trindle Road. 7. While failing to lawfully stop and control her vehicle at the aforesaid stop sign, the Defendant, Karen Burruss entered the intersection with Trindle Road, and failed to yield the right of way to the Plaintiff, Rebecca Gillan, who was lawfully traveling on westbound Trindle Road. 8. Due to the Defendant's failure to stop at the posted stop and yield to Plaintiff's vehicle traveling on westbound Trindle Road, Plaintiff was unable to avoid Defendant Burruss' truck and instead, Defendant's vehicle collided with and struck the vehicle driven by Plaintiff causing Plaintiff's vehicle to spin around and come to a stop in a field along the west lane of Trindle Road. 3 9. Plaintiff, Rebecca Gillan, was suddenly and without warning, thrown about the interior of her motor vehicle, causing her serious bodily injury as described in detail below. IV.. COUNT I - PLAINTIFF REBECCA GILLAN v. DEFENDANT, KAREN BURRUSS (NEGLIGENCE) 10. Plaintiff hereby incorporates paragraphs 1 through 9 above, by reference, as if same were set forth in their entirety hereat. 11. At all times material hereto, Defendant Burruss had a legal duty to Plaintiff to exercise reasonable care in the maintenance, use, control and/or supervision of her motor vehicle. 12. At all times material hereto, Defendant Burruss breached her duty by failing to exercise reasonable care to protect Plaintiff against the danger created by her negligent, careless, gross negligence and/or reckless driving. 13. Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts were the sole, direct and proximate cause of the aforesaid collision and any and all injuries and/or aggravation of pre-existing injuries sustained by Plaintiff as a result of the aforesaid collision. 14. Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts consisted of, inter alia: a. Failing to decrease the speed of her motor vehicle while approaching the motor vehicle operated by Plaintiff; b. failing to give full time attention to the operation of a motor vehicle; C. failing to maintain a proper lookout for motor vehicles in and around Trindle Road; d. operating a motor vehicle at a speed greater than was reasonable and prudent under the road, weather, light and/or traffic conditions that existed; 4 e. operating a motor vehicle in excess of posted and/or lawful speed limits; f. failing to stop at a posted stop intersection; g. failing to obey a traffic control device, namely a stop sign, in violation of the Pennsylvania Vehicle Code, Section 3111; h. failing to observe and/or violating the rules of the road and/or the laws and/or regulations of the Commonwealth of Pennsylvania and/or the ordinances of Bensalem Township. 15. As a direct and proximate result of Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts, Plaintiff, Rebecca Gillan, sustained serious and permanent injuries including, but not limited to, lumbar disc herniations, cervical and lumbar radiculopathy, as well as sprains of the shoulders, head, back, neck and/or other contusions and other injuries. 16. As a direct and proximate result of Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts, Plaintiff, Rebecca Gillan, was forced to undergo medical treatment, has incurred substantial hospital, medical and/or rehabilitative expenses, and will continue to incur such expenses in the future. 17. As a direct and proximate result of Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts, Plaintiff, Rebecca Gillan, has suffered significant economic loss, including but not limited to, loss of earnings and loss of earnings capacity. 18. As a direct and proximate result of Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts, Plaintiff, Rebecca Gillan, has suffered great pain, humiliation and loss of life's pleasures, and will continue to suffer such pain, anguish, humiliation, and/or life's pleasures in the future and/or has otherwise been injured or damaged. 5 WHEREFORE, Plaintiff, Rebecca Gillan, demands that judgment be entered in her favor and against Defendant, Karen Burruss, for compensatory damages in an amount in excess of $50,000, together with delay damages and costs of suit. V. COUNT II - PLAINTIFF V. DEFENDANT, GREGORY HAINES (RESPONDEAT SUPERIOR) 19. Plaintiffs hereby incorporate by reference, paragraphs 1 through 18 above as if same were set forth in their entirety hereat. 20. At all times material hereto, Defendant, Karen Burruss was acting as an agent, servant and/or employee of Defendant, Gregory Haines and at all times material hereto, was acting within the scope of his authority and in the course of Defendant, Haines' mission, business and/or affairs. 21. Accordingly, Defendant, Haines is liable to Plaintiff under the doctrine of respondeat superior. WHEREFORE, Plaintiff, Rebecca Gillan, demands judgment in her favor and against Defendant, Gregory Haines, for compensatory damages in an amount in excess of $50,000, together with delay damages and cost of suit. OF COUNSEL: Respectfully ARCHER & GREINER, P. C. One Liberty Place ROBERT C. K, JR. Thirty-Second Floor Attorneys La?n' . . 1650 Market Street Rebecca z Philadelphia, PA 19103-7393 (215) 963-3300 (Tel.) rbeck@archerlaw.com Dated: February 18, 2011 6 VERIFICATION The undersigned verifies that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I acknowledge and understand the foregoing statements are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Rebecca Gillan 6327871v1 5 P Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Attorney for Defendants, 717-901-5002 Susan Burruss and Gregory Haines IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA GILLAN, Plaintiff NO. 11-2156 V. CIVIL ACTION - LAW -03 M - -r= ri - =rrI :to r-, rri SUSAN BURRUSS and GREGORY HAINES, JURY TRIAL DEMANDED Defendants ?--x ° -ts r c-,7 PRAECIPE TO ENTER APPEARANCE C am v TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Susan Burruss a nd Gregory Haines, in the above-captioned matter. LAW OFFICE OF JOSEPH R. D'ANNUNZIO /li rL. /) ZD Date: BY: Joseph R. D'Annunzio, Esquire Attorney for Defendants a CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Robert C. Beck, Jr., Esquire Archer & Greiner, P.C. 1650 Market Street, 32"d Floor Philadelphia, PA 19103 Date: 3"1'1- I By: .? oxanne Weller I Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 717-901-5002 REBECCA GILLAN, V. CIVIL ACTION - LAW SUSAN BURRUSS and GREGORY HAINES, JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: Rebecca Gillan, Plaintiff c/o Robert C. Beck, Jr., Esquire Archer & Greiner, P.C. 1650 Market Street, 32nd Floor Philadelphia, PA 19103 Attorneys for Plaintiffs M m -M X ? A (0 r- o --A C) - q CD T1 ao ? You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: By: ?, ?•? -y Joseph R. D'Annunzio, Esquire Attorney for Defendants Attorney for Defendants, Susan Burruss and Gregory Haines IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 11-2156 f , Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 717-901-5002 REBECCA GILLAN, V. Attorney for Defendants, Susan Burruss and Gregory Haines IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff SUSAN BURRUSS and GREGORY HAINES, Defendants NO. 11-2156 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT 1. Admitted only upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that on April 20, 2009, at about 5:45 p.m. the Plaintiff, Susan Burruss was the co-owner and the operator of a certain 2000 Dodge truck that was co-owned with Gregory Haines. It is denied that the owner of the vehicle was Karen Burruss. It is admitted that Susan Burruss was traveling southbound on South Middlesex Road at or near its intersection with Trindle Road in Middlesex Township, Cumberland County, Pennsylvania and that there is a stop sign at that intersection for vehicles that were traveling southbound on South Middlesex Road. The remaining averments are denied as conclusions of law to which no responsive pleading is required. 7. Denied that Karen Burruss was the person who operated the 2000 Dodge truck that was involved in the accident. To the contrary, the person who was operating the motor vehicle was Susan Burruss. The remaining averments are denied as conclusions of law to which no responsive pleading is required. 8. Denied as conclusions of law to which no responsive pleading is required. It is only admitted that there was a collision of the vehicle operated by the Plaintiff, Rebecca Gillan, and the vehicle operated by Susan Burruss. 9. Denied. After reasonable investigation the answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph. Accordingly, the averments are deemed denied and strict proof is demanded. COUNTI REBECCA GILLAN v. KAREN BURRUSS 10. The answers to paragraphs 1 through 9 are incorporated by reference as if fully set forth herein. By way of further answer, it is denied that Karen Burruss was operating the motor vehicle that was involved in an accident with the Plaintiff. To the contrary, the operator of the 2000 Dodge Ram truck was Susan Burruss. 11. Denied that the Defendant is Karen Burruss. To the contrary, the operator of the 2000 Dodge truck was Susan Burruss. The averments set forth in this paragraph are denied as conclusions of law to which no responsive pleading is required. 12. Denied that the Defendant is Karen Burruss. To the contrary, the operator of the 2000 Dodge truck was Susan Burruss. The averments set forth in this paragraph are denied as conclusions of law to which no responsive pleading is required. 13. Denied that the Defendant is Karen Burruss. To the contrary, the operator of the 2000 Dodge truck was Susan Burruss. The averments set forth in this paragraph are denied as conclusions of law to which no responsive pleading is required. 14. Denied that the Defendant is Karen Burruss. Further, it is denied that any Defendant was reckless, grossly negligent, negligent or careless in the operation of the motor vehicle. In particular, the following is stated: (a) It is denied that the Defendant failed to decrease the speed of the motor vehicle while approaching the motor vehicle operated by the Plaintiff. To the contrary, the Defendant took all reasonable steps to reduce her speed. (b) It is denied that the Defendant failed to give full time attention to the operation of a motor vehicle. To the contrary, the Defendant gave her full and undivided attention to the operation of the motor vehicle. (c) It is denied that the Defendant failed to maintain a proper lookout for motor vehicles in and around Trindle Road. To the contrary, at all times the Defendant kept a proper and reasonable lookout. (d) It is denied that the Defendant operated a motor vehicle at a greater speed than was reasonable and prudent under the road, weather, lighting and traffic conditions that existed. To the contrary, the rate of speed in which the Defendant operated the motor vehicle was reasonable and proper under the circumstances. (e) It is denied that the Defendant operated a motor vehicle in excess of the posted and/or lawful speed limits. To the contrary, the Defendant operated her motor vehicle within the posted speed. (f) It is denied that the Defendant failed to stop at a posted stop intersection, as the Defendant made every reasonable effort to do so only to have the vehicle fail in its braking mechanism. (g) It is denied that the Defendant failed to obey a traffic control device namely a stop sign. To the contrary, the Defendant made every reasonable effort to bring her vehicle to a stop but the mechanism of the vehicle failed to stop at or before the stop sign. (h) It is denied that the Defendant failed to observe and/or violated the rules of the road and the laws and regulations of the Commonwealth of Pennsylvania and the ordinances of Bensalem Township. To the contrary, the ordinances of Bensalem Township do not apply in that this accident occurred in Middlesex Township, Cumberland County, Pennsylvania. 15 - 18. It is denied that Defendant Karen Burruss was negligent, reckless, grossly negligent or careless. To the contrary, Karen Burruss was not operating the motor vehicle. After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in these paragraphs regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. WHEREFORE, Defendant, Susan Burruss, demands that judgment be entered in her favor. It is averred that Karen Burruss has neither been served with a Complaint or is a proper party to this action. COUNT II REBECCA GILLAN v. GREGORY HAINES 19. The answers to paragraphs 1 through 18 are incorporated by reference as if fully set forth herein. 20. Denied. It is denied that Karen Burruss was acting as an agent, servant or employee of Defendant Gregory Haines and at all times material hereto was acting within the scope of his authority and in the course of Defendant Haines' mission, business and/or affairs. To the contrary, Karen Burruss had no relationship to Gregory Haines or to the operation of the motor vehicle. 21. Denied as conclusions of law to which no responsive pleading is required. By way of further answer, it is denied that Gregory Haines is liable to the Plaintiff for any conduct on the part of Karen Burruss. WHEREFORE, Defendant, Gregory Haines, demands that judgment be entered in his favor. NEW MATTER 22. The answers contained in paragraphs 1 through 21 hereof are incorporated herein by reference as if set forth in their entirety. 23. Plaintiff's claims, if any, are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law and are governed by her tort selection. All defenses are asserted, including the defense that the Plaintiff failed to sustain a serious injury and is bound by the limited tort election. 24. Plaintiffs claims, if any, may be barred by the applicable statute of limitations. 25. If it should be found that there was any negligence on the part of Defendants, which is denied, then in that event any such negligence was not a substantial factor nor factual cause of Plaintiff's alleged injuries. 26. Discovery may reveal that some or all of the Plaintiff's injuries and damages were caused or aggravated by events that occurred subsequent and/or prior to the date of the subject accident. 27. Discovery may reveal that some or all of the Plaintiff's injuries and conditions preexisted the date of the subject accident and were not caused or aggravated by the subject accident. 28. The Plaintiff has failed to plead a cause of action against Defendants Susan Burruss and Gregory Haines for which relief can be granted. WHEREFORE, Defendants, Susan Burruss and Gregory Haines, demand that judgment be entered in their favor. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: By: ?/t'? Joseph R. D'Annunzio, Esquire Attorney for Defendants VERIFICATION I, Gregory Haines, hereby states that he is the Defendant in this action, and verifies that the statements made in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to au orities. Date: J Gr ry Aa-0 VERIFICATION I, Susan Burruss, hereby states that she is the Defendant in this action, and verifies that the statements made in the foregoing document are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date:-, o; N S-uga-n Burruss CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Robert C. Beck, Jr., Esquire Archer & Greiner, P.C. 1650 Market Street, 32nd Floor Philadelphia, PA 19103 Date: 3- 11- I I By: oxanne Weller REBECCA GILLAN 2260 Waggoners Gap Road Carlisle, Pennsylvania 17013 Plaintiff V. SUSAN BURRUSS 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 and GREGORYHAINES 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANL4 CIVIL ACTION -LAW No. 11-2156 ? C-') JURY TR]AL DEMANDED = - r STIPULATION TO AMEND COMPLAINT TO THE PROTHONOTARY: -&k AND NOW, this day of A p a-L , 2011, the undersigned counsel do hereby stipulate and agree that Plaintiff, Rebecca Gillan is permitted to Amend her Complaint, to correct the name of Defendant, Susan Burruss. ARCHER & GREINER, P.C. LA W OFFICE OF JOSEPH R. D'ANNUNZIO ?a By: By: ?- Robert C. B ,., squire Joseph R. D'Annunzio, Esquire Attorney for Plaintiff Attorney for Defendants Date: S O l l Date: &" / /L) Zn // 6552684vl IV ARCHER & GREINER BY.• Robert C. Beck, Jr., Esquire (No. 59582) One Liberty Place, 32"d Floor 1650 Market Street Philadelphia, PA 19103-7393 (215) 963-3300 THIS IS NOT AN ARBITRATION MATTER. ANASSESSMENT OF DAMAGES HEARING IS REQUIRED. A JURY TRIAL IS DEMANDED. REBECCA GILLAN, 2260 Waggoners Gap Road Carlisle, Pennsylvania 17013 Plaintiff V. SUSAN BURRUSS 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 and GREGORYHAINES 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANL4 CIVIL ACTION- LAW No. 2011 _-- '73 `= Mw; -+=`Ci _n AMENDED COMPLAINT IN CIVIL ACTION NOTICE TO DEFEND-CIVIL 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 LA WYER AT ONCE. IF YOU DO NOT HAVEA LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA TIONABOUT HIRINGA LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITHINFORMATIONABOUTAGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE ARCHER & GREINER BY.• Robert C. Beck, Jr., Esquire (No. 59582) One Liberty Place, 32"d Floor 1650 Market Street Philadelphia, PA 19103-7393 (215) 963-3300 Attorney for Plaintiff REBECCA GILLAN, 2260 Waggoners Gap Road Carlisle, Pennsylvania 17013 Plaintiff V. SUSAN BURRUSS 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 and GREGORYHAINES 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 Defendants THIS IS NOT AN ARBITRA TION MATTER. ANASSESSMENT OF DAMAGES HEARING IS REQUIRED. A JURY TRIAL IS DEMANDED. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2011 AMENDED COMPLAINT IN CIVIL ACTION AND NOW, Plaintiff, Rebecca Gillan, through her attorneys, Archer & Greiner, P.C., hereby files her Amended Complaint and avers the following in support thereof- L PARTIES 1. Plaintiff, Rebecca Gillan, is an adult individual who, at all times material hereto, has resided at the above address. 2. Defendant, Susan Burruss, is an adult individual who, at all times material hereto, has resided at the above address. 3. Defendant, Gregory Haines, is an adult individual who, at all times material hereto, has resided at the above address. IL JURISDICTIONAND VENUE 4. The Defendants reside in Cumberland County, Pennsylvania III. COMMON A VERMENTS 5. On or about April 20, 2009 at approximately 5:45 p.m., Plaintiff, Rebecca Gillan was lawfully operating her motor vehicle westbound on Trindle Road at or near its intersection with South Middlesex Road in Middlesex Township, Cumberland County, Pennsylvania. 6. At the above stated date and time, Defendant Susan Burruss, was the owner and operator of a 2000 Dodge Truck, which was co-owned with the Defendant Gregory Haines, southbound on South Middlesex Road at or near its intersection with Trindle Road in Middlesex Township, Cumberland County, Pennsylvania, when she came upon a stop sign which required her to stop her vehicle and yield the right of way to traffic on Trindle Road. 7. While failing to lawfully stop and control her vehicle at the aforesaid stop sign, the Defendant, Susan Burruss entered the intersection with Trindle Road, and failed to yield the right of way to the Plaintiff, Rebecca Gillan, who was lawfully traveling on westbound Trindle Road. Due to the Defendant's failure to stop at the posted stop and yield to Plaintiff's vehicle traveling on westbound Trindle Road, Plaintiff was unable to avoid Defendant Burruss' truck and instead, Defendant's vehicle collided with and struck the vehicle driven by Plaintiff causing Plaintiff's vehicle to spin around and come to a stop in a field along the west lane of Trindle Road. 9. Plaintiff, Rebecca Gillan, was suddenly and without warning, thrown about the interior of her motor vehicle, causing her serious bodily injury as described in detail below. 3 IV. COUNT I - PLAINTIFF REBECCA GILLAN v. DEFENDANT, SUSAN BURRUSS (NEGLIGENCE) 10. Plaintiff hereby incorporates paragraphs 1 through 9 above, by reference, as if same were set forth in their entirety hereat. 11. At all times material hereto, Defendant Burruss had a legal duty to Plaintiff to exercise reasonable care in the maintenance, use, control and/or supervision of her motor vehicle. 12. At all times material hereto, Defendant Burruss breached her duty by failing to exercise reasonable care to protect Plaintiff against the danger created by her negligent, careless, gross negligence and/or reckless driving. 13. Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts were the sole, direct and proximate cause of the aforesaid collision and any and all injuries and/or aggravation of pre-existing injuries sustained by Plaintiff as a result of the aforesaid collision. 14. Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts consisted of, inter alia: a. Failing to decrease the speed of her motor vehicle while approaching the motor vehicle operated by Plaintiff, b. failing to give full time attention to the operation of a motor vehicle; C. failing to maintain a proper lookout for motor vehicles in and around Trindle Road; d. operating a motor vehicle at a speed greater than was reasonable and prudent under the road, weather, light and/or traffic conditions that existed; e. operating a motor vehicle in excess of posted and/or lawful speed limits; f. failing to stop at a posted stop intersection; 4 g. failing to obey a traffic control device, namely a stop sign, in violation of the Pennsylvania Vehicle Code, Section 3111; h. failing to observe and/or violating the rules of the road and/or the laws and/or regulations of the Commonwealth of Pennsylvania and/or the ordinances of Middlesex Township. 15. As a direct and proximate result of Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts, Plaintiff, Rebecca Gillan, sustained serious and permanent injuries including, but not limited to, lumbar disc herniations, cervical and lumbar radiculopathy, as well as sprains of the shoulders, head, back, neck and/or other contusions and other injuries. 16. As a direct and proximate result of Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts, Plaintiff, Rebecca Gillan, was forced to undergo medical treatment, has incurred substantial hospital, medical and/or rehabilitative expenses, and will continue to incur such expenses in the future. 17. As a direct and proximate result of Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts, Plaintiff, Rebecca Gillan, has suffered significant economic loss, including but not limited to, loss of earnings and loss of earnings capacity. 18. As a direct and proximate result of Defendant Burruss' reckless, grossly negligent, negligent and/or careless acts, Plaintiff, Rebecca Gillan, has suffered great pain, humiliation and loss of life's pleasures, and will continue to suffer such pain, anguish, humiliation, and/or life's pleasures in the future and/or has otherwise been injured or damaged. WHEREFORE, Plaintiff, Rebecca Gillan, demands that judgment be entered in her favor and against Defendant, Susan Burruss, for compensatory damages in an amount in excess of 5 $50,000, together with delay damages and costs of suit. V. COUNT H - PLAINTIFF V. DEFENDANT, GREGORY ]MINES (RESPONDEAT SUPERIOR) 19. Plaintiffs hereby incorporate by reference, paragraphs 1 through 18 above as if same were set forth in their entirety hereat. 20. At all times material hereto, Defendant, Susan Burruss was acting as an agent, servant and/or employee of Defendant, Gregory Haines and at all times material hereto, was acting within the scope of his authority and in the course of Defendant, Haines' mission, business and/or affairs. 21. Accordingly, Defendant, Haines is liable to Plaintiff under the doctrine of respondeat superior. WHEREFORE, Plaintiff, Rebecca Gillan, demands judgment in her favor and against Defendant, Gregory Haines, for compensatory damages in an amount in excess of $50,000, together with delay damages and cost of suit. OF COUNSEL: ARCHER & GREINER, P. C. One Liberty Place Thirty-Second Floor 1650 Market Street Philadelphia, PA 1 91 03-73 93 (215) 963-3300 (Tel.) rbeck@,archerlaw.com Dated. April 18, 2011 6554958v1 Respectfully submitted, ROBERT C. C Attorneys aintiff, Rebecca Gillan 6 VERIFICATION The undersigned verifies that the statements made in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. I acknowledge and understand the foregoing statements are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Rebecca Gillan 7 ARCHER & GREINER BY.• Robert C. Beck, Jr., Esquire (No. 59582) One Liberty Place, 32nd Floor 1650 Market Street Philadelphia, PA 1 91 03-73 93 (215) 963-3300 Attorney for Plaintiff REBECCA GILLAN, Plaintiff V. SUSAN BURRUSS and GREGORYHAINES Defendants THIS IS NOT ANARBITRATION MATTER. ANASSESSMENT OF DAMAGES HEARING IS REQUIRED. A JURY TRIAL IS DEMANDED. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2011 CERTIFICATE OF SERVICE ROBERT C. BECK, JR., hereby certifies that a true and correct copy of Plaintiff's Amended Complaint was served upon the following via United States First Class mail, postage prepaid on April 18, 2011: Joseph R. D'Annunzio 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 OF COUNSEL: ARCHER & GREINER, P. C. One Liberty Place, 32nd Floor 1650 Market Street Philadelphia, Pennsylvania 19103 (215) 963-3300 rbeck(a,arch erlaw. com ROBERT C. B , JR. Attorney f 6582780v1 R .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GILLAN Vs. • NO. 11-2156 BURRUSS & HAINES M= ZX - -cm te r-o `n :106 ° CERTIFICATE r - z -? o PREREQUISITE TO SERVICE OF A SUBPOENA zo T? C:) -n ®n 5;= 2 M PURSUANT TO RULE 4009.22 . , Q As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH R D'ANNUNZIO, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 05/06/11 JOSEPH R D'ANNUNZIO, ESQUIRE 4309 LINGLESTOWN RD SUITE 211 HARRISBURG, PA 17112 717-901-5002 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Victoria Seyler MLR File #: M386308 Or I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GILLAN Vs. BURRUSS & HAINES I No. 11-2156 TO: ROBERT BECK JR, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 04/15/11 JOSEPH R D'ANNUNZIO, ESQUIRE 4309 LINGLESTOWN RD SUITE 211 HARRISBURG, PA 17112 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Victoria Seyler Enc (s) : Copy of subpoena(s) Counsel return card File #: M386308 CQMMONWFAIM OF PENNSYLVANIA OD(INry OF C[)1NID " GILLAN Vs. BURRUSS & HAINES F i Is No. Tag SUBPOENA To PRODUCE DOCtmENTs OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: UP 0-TAT-199. QN VIRGINIA BEACH VA 23 o Person or En 7ty Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDENDUM at (Address) You mftKEI0PdAYArL11MXIAt 3;R9i diQ(Lhe4Sd&x&M$T,9NP duce> W*&_s•rgc?iestec! t'> this subpoena, together with the certificate of canpliance, to the party malting thi_ request at the address listed above. You have the right to seek in advance the rea,onab]E cost of preparing the copies or producing the things sought. If you fail to produce the documents or (20) days after its service, the party cm pe l l i ng you to crnp l y with it. things required by this subpoena within twenty serving thin subpoena may seek a court orde.• THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME : ADDRESS: TELEPHONE: ZIO, ESQ -SUPREME COURT ID # 4309 LINGLESTOWN RD ATTORNEY FOR: NARRTS RG PA 17112 215-335-3212 BY THE OOURT: DATE: DEFENDANT Prothonotary/Clerk, Civil Divis.ion Sea of he Court M386308-01 Deputy (Eff. 7/97) i GILLAN Vs. ADDENDUM TO SUBPOENA BURRUSS & HAINES CUSTODIAN OF RECORDS FOR: GEICO FIRST PARTY BENEFITS OF SUSAN GILLAN. CLAIM #0275592280101019 PERTAINING TO: NAME: SUSAN GILLAN ADDRESS: SSAN: XXXXX No. 11-2156 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or GEICO CUMBERLAND M386308-01 * * * SIGN AND RETURN THIS PAGE * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY c 'ag a -T' rnuD GILLAN ? =9 rn-- - am Vs. ?D cn NO. 11-2156 {? o BURRUSS & HAINES Zo CERTIFICATE = o r' y .ems o W , PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JOSEPH R D'ANNUNZIO, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 05/05/11 JOSEPH R D'ANNUNZIO, ESQUIRE 4309 LINGLESTOWN RD SUITE 211 HARRISBURG, PA 17112 717-901-5002 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Victoria Seyler MLR File #: M386221 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GILLAN Vs. BURRUSS & HAINES { No. 11-2156 TO: ROBERT BECK JR, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 04/14/11 JOSEPH R D'ANNUNZIO, ESQUIRE 4309 LINGLESTOWN RD SUITE 211 HARRISBURG, PA 17112 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Victoria Seyler Enc (s) : Copy of subpoena(s) Counsel return card File #: M386221 CU44IMEALTH OF PENNSYLVANIA COUNTY OF CUMBERIAM GILLAN r - Vs. BURRUSS & HAINES ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST 2ND FL, CAMP HILL PA 17011 TO: ATTN: RADIOLOGY DEPT (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 orStttn at LEGAL REPRODUCTIONS, I EA ------ (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of copliance, to the party making thiT 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 thin, subpoena may seek a court orde.- oorrpelling you to cm ly with it. THIS SUBPOENA WAS ISSUED AT THE REGLEST OF THE F%k8WING PERSON: NAME: JOSEPH R D'ANNUNZI , S22 ADDRESS: 4309 LINGLESTOWN RD HARRISBURG, PA 17112 TELEPHONE : 215 5 3 212_ SUPREME COURT ID # ATTORNEY FOR: M386221-01 DATE: i/I, 111 Seal of the Court BY THE COURT i Civil Division Deputy DEFENDANT File No. 11-2156 (Eff. 7/97) ADDENDUM TO SUBPOENA GILLAN Vs BURRUSS & HAINES No. 11-2156 CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP ANY AND ALL FILMS OF ALL DIAGNOSTIC TEST FROM 5/5/09. PERTAINING TO: NAME: REBECCA GILLAN ADDRESS: 2260 WAGGONERS GAP RD CARLISLE PA DATE OF BIRTH: 10/11/54 SSAN: XXXXX ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or HOLY SPIRIT HOSP CUMBERLAND M386221-01 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA TO: COUNTY OF CUMBERIAND GILLAN s , Vs. File No. BURRUSS & HAINES 11-2156 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINW FOR DISCOVERY PURSUANT TO RULE 4009.22 ZABINSKI CHIRO, 3028 MARKET ST #1, CAMP HILL PA 17011 (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 orS rt9ALT Dw§wLW at ----- MEDICAL LEGAL REPRODUCTIONS, INC,-494e -DISSTON ST., PRIT?T-A .-PA (Address) You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccn pliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onablc- 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 orde;- am pe l l i ng you to ca, l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Nom, JOSEPH R D'ANNUNZIO, ES4 ADDRESS: 4309 LINGLESTOWN RD -- HARRISBURG, PA 17112 TELEPHONE : 2 -is 4-3-6-31 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT M386221-02 BY THE COURT: DATE: I/ / Sea l of the Court lerk,/ Civil Division Deputy (Eff. T/97) ADDENDUM TO SUBPOENA GILLAN ' I Vs BURRUSS & HAINES CUSTODIAN OF RECORDS FOR: ZABINSKI CHIRO No. 11-2156 ANY AND ALL RECORDS AND FILMS OF DIAGNOSTIC TESTS. PERTAINING TO: NAME: REBECCA GILLAN ADDRESS: 2260 WAGGONERS GAP RD CARLISLE PA DATE OF BIRTH: 10/11/54 SSAN: XXXXX ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or ZABINSKI CHIRO CUMBERLAND M386221-02 * * * SIGN AND RETURN THIS PAGE FILED-OFFICE THE PROTHONOTARY ARCHER & GREINER BY. Robert C. Beck, Jr., Esquire (No. 59582) One Liberty Place, 32"d Floor 1650 Market Street Philadelphia, PA 19103-7393 (215) 963-3300 '2011 JUN 16 AM 10: 06 CUMBERLAND COUNTY REBECCA GILLAN, 2260 Waggoners Gap Road Carlisle, Pennsylvania 17013 Plaintiff V. SUSAN BURRUSS 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 and GREGORYHAINES 3916 Warleigh Way Mechanicsburg, Pennsylvania 17050 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VA NIA CIVIL ACTION - LAW No. 11-2156 PLAINTIFF'S REPLY TO DEFENDANTS, SUSAN B URR USS AND GREGOR Y HAINES' NEW MATTER AND NOW, Plaintiff, Rebecca Gillan, by her attorneys, Archer & Greiner, hereby files Plaintiff's Reply to Defendants, New Matter. 22. Denied. This averment states a conclusion of law to which no response need be made in accordance with applicable Pennsylvania Rules of Civil Procedure. 23. Denied. This averment states a conclusion of law to which no response need be made in accordance with applicable Pennsylvania Rules of Civil Procedure. 24. Denied. This averment states a conclusion of law to which no response need be made in accordance with applicable Pennsylvania Rules of Civil Procedure. 25. Denied. This averment states a conclusion of law to which no response need be made in accordance with applicable Pennsylvania Rules of Civil Procedure. 26. Denied. This averment states a conclusion of law to which no response need be made in accordance with applicable Pennsylvania Rules of Civil Procedure. By way of further reply, without waiver of above, it is denied that Plaintiff's injuries and damages were caused or aggravated by events that occurred subsequent and/or prior to the date of the accident. To the contrary, Plaintiffs injuries and damages, were caused by the Defendants reckless, grossly negligent, negligent and careless acts. 27. Denied. This averment states a conclusion of law to which no response need be made in accordance with applicable Pennsylvania Rules of Civil Procedure. By way of further reply, without waiver of above, it is denied that Plaintiff's injuries and conditions were caused or aggravated by events that occurred subsequent and/or prior to the date of the accident. To the contrary, Plaintiffs injuries and conditions, were caused by the Defendants reckless, grossly negligent, negligent and careless acts. 28. Denied. This averment states a conclusion of law to which no response need be made in accordance with applicable Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff, Rebecca Gillan, demands judgment in her favor and against the Defendant in an amount in excess of $50,000, together with delay damages and cost of suit. OF COUNSEL: ARCHER & GREINER, P. C. One Liberty Place, 32nd Floor 1650 Market Street Philadelphia, Pennsylvania 19103 (215) 963-3300 rbecWarcherlaw. com a ROBERT C. BE , JR. Attorney for Pkdntffl- June 15, 2011 2 VERIFICATION Robert C. Beck, Jr., Esquire, Attorney for Plaintiff, states that he is authorized to make this Verification on behalf of the Plaintiff, and that the facts forth in the foregoing Plaintiff's Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this Verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. -'o"? Robert C. Beck, ARCHER & GREINER BY. Robert C. Beck, Jr., Esquire (No. 59582) One Liberty Place, 32"d Floor 1650 Market Street Philadelphia, PA 19103-7393 (215) 963-3300 Attorney for Plaintiff THIS IS NOT ANARBITR,4TION MATTER. ANASSESSMENT OF DAMAGES HEARING IS REQUIRED. A JURY TRL4L IS DEMANDED. REBECCA GILLAN, Plaintiff V. SUSAN BURR USS and GREGORYHAINES Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW No. 11-2156 CERTIFICATE OF SERVICE ROBERT C. BECK, JR., hereby certifies that a true and correct copy of Plaintiff's Reply to New Matter was served upon the following via United States First Class mail, postage prepaid on June 15, 2011: OF COUNSEL: ARCHER & GREINER, P. C. One Liberty Place, 32nd Floor 1650 Market Street Philadelphia, Pennsylvania 19103 (215) 963-3300 rbeck(&,,arch erla w. com Joseph R. D'Annunzio 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 ROBERT C. K, JR. Attorney for P aintiff 4