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Home My WebLink About11-54951?-ED-OFF' E IDj SCHMIDT KRAMER PC CIF HE PROTHONGT CI*4 BY: TERRY S. HYMAN, ESQUIRE 2011 .JUL -7 PM 2: 12 I.D. # 36807 209 State Street CUMBERLAND COUNTY Harrisburg, PA 17101 PENNSYLVANIA (717) 232-6300 Attorneys for Plaintiff(s) thymanAsrklaw. com TAMMY WATSON, : IN THE COURT OF COMMON PLEAS ADMINISTRATRIX, OF THE ESTATE : CUMBERLAND COUNTY, PENNSYLVANIA OF DANIEL O. SMITH, . Plaintiff C (? V. No. I I - J -l bvI TRANSPORT CORPORATION OF AMERICA, INC. and DIXON PROPERTIES, INC., Defendants CIVIL ACTION - LAW SURVIVAL/WRONGFUL DEATH ACTION : JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association PO Box 186 Harrisburg, PA 17108 800/692-7375 5 0YA gqa • U° pd ctw-k Ck* I $a(0o R&L 9 (A) sll SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. # 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman(&srklaw. com TAMMY WATSON, : IN THE COURT OF COMMON PLEAS ADMINISTRATRIX, OF THE ESTATE : CUMBERLAND COUNTY, PENNSYLVANIA OF DANIEL O. SMITH, Plaintiff V. No. TRANSPORT CORPORATION OF CIVIL ACTION - LAW AMERICA, INC., and SURVIVAL/WRONGFUL DEATH ACTION DIXON PROPERTIES, INC., Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Tammy Watson, is the Administratrix of the Estate of Daniel O. Smith by virtue of Letters of Administration issued in Memphis, Tennessee. 2. Plaintiffs Tammy Watson, Sheila Shields, Tarius Dwayne Smith, and Dantrice Smith are the surviving children and heirs of the Estate of Daniel O. Smith. 3. Defendant, Transport Corporation of America, Inc., (hereinafter Transport) is a foreign corporation headquartered in Eagan, Minnesota, with a mailing address of 1715 Yankee Doodle Road, Eagan, Minnesota 55121. 4. Transport operates a trucking facility at 6370 Basehore Road, Mechanicsburg, PA 17050. 5. On October 21, 2009, Transport had possession and exclusive control of the truck facility, including the truck parking area, located at 6370 Basehore Road, Mechanicsburg, PA 17050. 6. On October 21, 2009, Transport controlled, employed, and/or utilized a person as their ostensible employee and/or agent to provide security services at the truck facility including the truck parking area, located at 6370 Basehore Road, Mechanicsburg, PA 17050. 7. Defendant, Dixon Properties, Inc., is a domestic Pennsylvania corporation with a business address located at 328 North 14th Street, Lebanon, PA 17042. 8. Defendant, Dixon Properties, Inc., owned the property at 6370 Basehore Road, Mechanicsburg, PA 17050 on October 21, 2009. 9. On October 21, 2009, Dixon Properties Inc. controlled, employed, and/or utilized a person as their agent to provide security services to the truck facility including the truck parking area, located at 6370 Basehore Road, Mechanicsburg, PA 17050. 10. At approximately 8:36 p.m. on the evening of October 21, 2009, the Decedent called 911 indicating he had trouble breathing. 11. The Cumberland County 911 Center dispatched the Hampden Township EMS to 6370 Basehore Road, Mechanicsburg, Pennsylvania 17050. 12. Upon arrival at 6370 Basehore, the EMS crew informed the security guard that a man in a truck called for medical assistance. The security guard told the EMS crew that no one was there in a truck. 13. The security guard told the EMS crew to try down the road. 14. After looking for Mr. Smith for approximately 20 minutes, the EMS crew returned to the Defendants' truck facility. 15. This time the EMS crew drove past the security guard, located Mr. Smith's truck where the Decedent was already in cardiac arrest in his sleeper compartment. 16. After attempts to resuscitate Mr. Smith, the Decedent was pronounced dead in the ambulance on the way to the hospital. 17. Prompt and immediate treatment of a patient having a cardiac event by a trained EMS team substantially increases the likelihood of Mr. Smith surviving his heart attack. COUNT I THE ESTATE OF DANIEL O. SMITH AND HIS HEIRS v. TRANSPORT CORPORATION OF AMERICA INC. 18. Paragraphs 1 through 17 above are incorporated herein by reference. 19. The security guard described in the allegations above, was Transport Corporation's employee, servant, or agent at the time of the events of October 21, 2009, as alleged in this Complaint acting within the scope of his employment. 20. The security guard described in the allegations above, was Transport Corporation's ostensible agent at the time of the events of October 21, 2009, as alleged in this Complaint acting in the scope of his employment. 21. Defendant Transport is vicariously liable for the conduct of the security guard as described in this Complaint. 22. The death of Daniel O. Smith was directly and proximately caused by the negligence of the security guard in: (a) Failing to know the whereabouts of the truck drivers in the lot; (b) Misdirecting the EMS without a basis to do so; (c) Preventing the EMS from entering the lot where Mr. Smith was having his heart attack; (d) Failing to possess the training necessary to respond appropriately to a medical emergency; and (e) Taking actions which delayed medical treatment to a person having a heart attack without having a basis to do so. 23. Defendant Transport is also liable on its own account for failing to hire and train, or assure that its security contractor hire and train, persons in the manner in which to respond to medical emergencies and or the arrival of medical personnel to treat medical emergencies on the premises for which security was being provided. COUNT II THE ESTATE OF DANIEL O. SMITH AND HIS HEIRS v. DIXON PROPERTIES INC. 24. Paragraphs 1 through 17 above are incorporated herein by reference. 25. The security guard described in the allegations above, was Dixon Properties' employee, servant, or agent at the time of the events of October 21, 2009, as alleged in this Complaint acting within the scope of his employment. 26. The security guard described in the allegations above, was Dixon Properties' ostensible agent at the time of the events of October 21, 2009, as alleged in this Complaint acting in the scope of his employment. 27. Defendant Dixon Properties' is vicariously liable for the conduct of the security guard as described in this Complaint. 28. The death of Daniel O. Smith was directly and proximately caused by the negligence of the security guard in: (a) Failing to know the whereabouts of the truck drivers in the lot; (b) Misdirecting the EMS without a basis to do so; (c) Preventing the EMS from entering the lot where Mr. Smith was having his heart attack; (d) Failing to possess the training necessary to respond appropriately to a medical emergency; and (e) Taking actions which delayed medical treatment to a person having a heart attack without having a basis to do so. 29. Defendant Dixon Properties, Inc. is also liable on its own account for failing to hire and train, or assure that its security contractor hire and train, persons in the manner in which to respond to medical emergencies and or the arrival of medical personnel to treat medical emergencies on the premises for which security was being provided. CLAIM I- SURVIVAL ACTION TAMMY WATSON ADMINISTRATRIX OF THE ESTATE OF DANIEL 0. SMITH v. TRANSPORT CORPORATION OF AMERICA INC. and DIXON PROPERTIES. INC 30. Paragraphs 1 through 17 of the Complaint are incorporated herein by reference. 31. Plaintiff Tammy Watson, Administratrix of the Estate of Daniel O. Smith, deceased, brings this Survival Action under and by virtue of the Act of 1976, July 9, P.L. 586, No. 142, 2, 42 Pa. Cons. Stat. Ann §8302. 32. Defendants Transport Corporation of America, Inc. and Dixon Properties, Inc. are liable to the Estate of Daniel O. Smith, deceased, for injuries and damages as set forth herein. 33. Plaintiff Tammy Watson, as Administratrix of the Estate of Daniel 0. Smith, deceased, claims on behalf of said Estate, the damages suffered by the said Estate by reason of the death of the decedent, including wage loss and diminution of her earning capacity, funeral and administrative expense, the pain and suffering the decedent underwent prior to death, and for all other damages sustained by the said Estate by reason of the death of the decedent which are recognized under Pennsylvania statute, rules and case law. WHEREFORE, Plaintiff Tammy Watson, Administratrix of the Estate of Daniel O. Smith, deceased, demands judgment against Defendants Transport Corporation of America, Inc. and Dixon Properties, Inc. in an amount in excess of $35,0000 Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM II- WRONGFUL DEATH TAMMY WATSON ADMINISTRATRIX OF THE ESTATE OF DANIEL 0. SMITH v. TRANSPORT CORPORATION OF AMERICA INC. and DIXON PROPERTIES. INC 34. Paragraphs 1 through 17 of this Complaint is incorporated herein by reference as if set forth at length. 35. Plaintiff Tammy Watson, Administratrix of the Estate of Daniel O. Smith, deceased, brings this action for the wrongful death of Daniel O. Smith, on behalf of all persons entitled to recover, therefore, under and by virtue of the Act of 1976, July 9, P.L. 589, No. 142, 2, 42 Pa. Cons. Stat. Ann §8301 and all persons who may be entitled under such statute. 36. The following are the names of all the persons entitled by law to recover damages for such wrongful death and their relationship to the decedent: (a) Tammy Watson, 4610 Boeingshire Drive, Memphis, TN 38166, Daughter of Daniel O. Smith, deceased; (b) Sheila L. Shields, 4402 Center Hill Road, Olive Branch, MS 38654, Daughter of Daniel O. Smith, deceased; (c) Tarius Dwayne Smith, 9897 Comrad drive, Olive Branch, MS 38654, Son of Daniel O. Smith, deceased; and (d) Dantrice Smith, 2552 Cashel Court, Lexington, KY 40509, Daughter of Daniel O. Smith, deceased. 37. As a result of the death of the decedent, the individuals identified in paragraph 36 above, have suffered a pecuniary loss, and claims all damages for Wrongful Death permitted by Pennsylvania statute, rule or case law, including past and future loss of the decedent's companionship, contributions, services, support, and comfort. WHEREFORE, Plaintiff Tammy Watson, Administratrix of the Estate of Daniel O. Smith, deceased, demands judgment against Defendants Transport Corporation of America, Inc. and Dixon Properties, Inc. in an amount in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, Date: SCHMIDT KRAMER PC By: T rry man, Esquire I.D. .33688007 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs ATTORNEY VERIFICATION I, Terry S. Hyman, Esquire, verify that I am attorney of record for the Plaintiffs. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. ? Date:-02a .IE Pr OTHONOTAR"A RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 Payne Shoemaker Building 240 N. Third Street, 9 h Floor Harrisburg, PA 17101 (717) 234-7700 2011 JUL 19 AM 11: 24 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants, Transport Corporation of America, Inc. TAMMY WATSON, COURT OF COMMON PLEAS OF ADMINISTRATRIX, OF THE ESTATE CUMBERLAND COUNTY OF DANIEL O. SMITH VS. Plaintiff, TRANSPORT CORPORATION OF AMERICA, INC. and DIXON PROPERTIES, INC. Defendants. CIVIL ACTION NO. 11-5495 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Transport Corporation of America, Inc. in the above-referenced matter. RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendants, Transport Corporation of America, Inc. 4686163-1 r- CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing entry of appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Terry S. Hyman, Esquire Schmidt Kramer 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff RAWLE & HENDERSON LLP Dated: By: l?•c.,?.-- Gary N. Stewart, Esquire Michael T. Traxler, Esquire 4686163-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson n Sheriff ' t IL a°-Uh I .4' THE ?tOT`HM Jody S Smith Chief Deputy 2011 JUL 26 AM 6' 6 Richard W Stewart SOiICItOr U1$rRLA{J L 1 `i+ e ENNSYLW419 Tammy Watson Case Number vs. Dixon Properties, Inc. 2011-5495 SHERIFF'S RETURN OF SERVICE 07/08/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Dixon Properties, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lebanon County, Pennsylvania to serve the within Complaint and Plaintiffs Interrogatories and Request for Production of Documents according to law. 07/13/2011 08:55 AM - Lebanon County Return: And now July 13, 2011 at 0855 hours I, Michael J. DeLeo, Sheriff of Lebanon County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Plaintiffs Interrogatories and Request for Production of Documents, upon the within named defendant, to wit: Dixon Properties, Inc. by making known unto Frank Fixon, Chairman for Dixon Properties, Inc. at 328 N. 14th Street, Lebanon, Pennsylvania 17042 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 July 25, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF or SCHMIDT KRAM ER PC 101BY: TERRY S. HYMAN, ESQUIRE '?J I.D. # 36807 W4 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman0srklaw.com TAMMY WATSON, : IN THE COURT OF COMMON PLEAS ADMINISTRATRIX, OF THE ESTATE : CUMBERLAND COUNTY, PENNSYLVANIA OF DANIEL O. SMITH, , Plaintiff V. TRANSPORT CORPORATION OF AMERICA, INC., DIXON PROPERTIES, INC., U.S. SECURITY ASSOCIATES, INC., AND JOSEPH WEBER Defendants : No. 11-5495 CIVIL CIVIL ACTION - LAW SURVIVAL/ WRONGFUL DEATH ACTION : JURY TRIAL DEMANDED c°> mss= rnco 2rn N 0 T I C E TO DEFEND T+..1 C t'- a ca %.n r-rt -- r., YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ( r-IA, Pennsylvania Lawyer Referral Service Pennsylvania Bar Association PO Box 186 Harrisburg, PA 17108 r- SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. # 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thyman0)srk1aw. com TAMMY WATSON, : IN THE COURT OF COMMON PLEAS ADMINISTRATRIX, OF THE ESTATE : CUMBERLAND COUNTY, PENNSYLVANIA OF DANIEL O. SMITH, Plaintiff V. : No. 11-5495 CIVIL TRANSPORT CORPORATION OF CIVIL ACTION - LAW AMERICA, INC., DIXON SURVIVAL/WRONGFUL DEATH ACTION PROPERTIES, INC., U.S. SECURITY ASSOCIATES, INC., AND JOSEPH WEBER Defendants : JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association PO Box 186 Harrisburg, PA 17108 800/692-7375 .I SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE I.D. # 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thymanAii)srklaw. com TAMMY WATSON, : IN THE COURT OF COMMON PLEAS ADMINISTRATRIX, OF THE ESTATE : CUMBERLAND COUNTY, PENNSYLVANIA OF DANIEL O. SMITH, Plaintiff V. : No. 11-5495 CIVIL TRANSPORT CORPORATION OF : CIVIL ACTION - LAW AMERICA, INC., DIXON SURVIVAL/WRONGFUL DEATH ACTION PROPERTIES, INC., U.S. SECURITY ASSOCIATES, INC., AND JOSEPH WEBER, Defendants : JURY TRIAL DEMANDED AMENDED COMPLAINT 1. Plaintiff, Tammy Watson, is the Administratrix of the Estate of Daniel O. Smith by virtue of Letters of Administration issued in Memphis, Tennessee. 2. Plaintiffs Tammy Watson, Sheila Shields, Tarius Dwayne Smith, and Dantrice Smith are the surviving children and heirs of the Estate of Daniel O. Smith. 3. Defendant, Transport Corporation of America, Inc., (hereinafter Transport) is a foreign corporation headquartered in Eagan, Minnesota, with a mailing address of 1715 Yankee Doodle Road, Eagan, Minnesota 55121. 4. Transport operates a trucking facility at 6370 Basehore Road, Mechanicsburg, PA 17050. 5. On October 21, 2009, Transport had possession and exclusive control of the truck facility, including the truck parking area, located at 6370 Basehore Road, Mechanicsburg, PA 17050. 6. On October 21, 2009, Transport controlled, employed, and/or utilized a person as their ostensible employee and/or agent to provide security services at the truck facility including the truck parking area, located at 6370 Basehore Road, Mechanicsburg, PA 17050. 7. Defendant, Dixon Properties, Inc., is a domestic Pennsylvania corporation with a business address located at 328 North 14th Street, Lebanon, PA 17042. 8. Defendant, Dixon Properties, Inc., owned the property at 6370 Basehore Road, Mechanicsburg, PA 17050 on October 21, 2009. 9. On October 21, 2009, Dixon Properties, Inc. controlled, employed, and/or utilized a person as their agent to provide security services to the truck facility including the truck parking area, located at 6370 Basehore Road, Mechanicsburg, PA 17050. 10. Defendant, U.S. Security Associates, Inc., is a corporation registered to do business in Pennsylvania with a business address located at 5002 Lenker Street, Suite 201, Mechanicsburg, PA 17050. 11. On October 21, 2009, U.S. Security Associates, Inc., controlled, employed, and/or utilized a person as their agent to provide security services to the truck facility including the truck parking area, located at 6370 Basehore Road, Mechanicsburg, PA 17050. 12. Defendant Joseph Weber is an adult residing in Pennsylvania who was the security guard on duty and whose conduct is described in the succeeding paragraphs. 13. At approximately 8:36 p.m. on the evening of October 21, 2009, the Decedent called 911 indicating he had trouble breathing. 14. The Cumberland County 911 Center dispatched the Hampden Township EMS to 6370 Basehore Road, Mechanicsburg, PA 17050. 15. Upon arrival at 6370 Basehore, the EMS crew informed the security guard that a man in a truck called for medical assistance. The security guard told the EMS crew that no one was there in a truck. 16. The security guard told the EMS crew to try down the road. 17. After looking for Mr. Smith for approximately 20 minutes, the EMS crew returned to the Defendants' truck facility. 18. This time the EMS crew drove past the security guard, located Mr. Smith's truck where the Decedent was already in cardiac arrest in his sleeper compartment. 19. After attempts to resuscitate Mr. Smith, the Decedent was pronounced dead in the ambulance on the way to the hospital. 20. Prompt and immediate treatment of a patient having a cardiac event by a trained EMS team substantially increases the likelihood of Mr. Smith surviving his heart attack. COUNT I THE ESTATE OF DANIEL O. SMITH AND HIS HEIRS v. TRANSPORT CORPORATION OF AMERICA, INC 21. Paragraphs 1 through 17 above are incorporated herein by reference. 22. The security guard described in the allegations above, was Transport Corporation's employee, servant, or agent at the time of the events of October 21, 2009, as alleged in this Complaint acting within the scope of his employment. 23. The security guard described in the allegations above, was Transport Corporation's ostensible agent at the time of the events of October 21, 2009, as alleged in this Complaint acting in the scope of his employment. 24. Defendant Joseph Weber was Transport Corporation of America's employee, servant, or agent at the time of the events of October 21, 2009, as alleged in this Complaint acting within the scope of his employment. 25. Defendant Transport is vicariously liable for the conduct of the security guard as described in this Complaint. 26. The death of Daniel O. Smith was directly and proximately caused by the negligence of the security guard in: (a) Failing to know the whereabouts of the truck drivers in the lot; (b) Misdirecting the EMS without a basis to do so; (c) Preventing the EMS from entering the lot where Mr. Smith was having his heart attack; (d) Failing to possess the training necessary to respond appropriately to a medical emergency; and (e) Taking actions which delayed medical treatment to a person having a heart attack without having a basis to do so. 27. Defendant Transport is also liable on its own account for failing to hire and train, or assure that its security contractor hire and train, persons in the manner in which to respond to medical emergencies and or the arrival of medical personnel to treat medical emergencies on the premises for which security was being provided. COUNT II THE ESTATE OF DANIEL O. SMITH AND HIS HEIRS v. DIXON PROPERTIES, INC. 28. Paragraphs 1 through 17 above are incorporated herein by reference. 29. The security guard described in the allegations above, was Dixon Properties' employee, servant, or agent at the time of the events of October 21, 2009, as alleged in this Complaint acting within the scope of his employment. 30. The security guard described in the allegations above, was Dixon Properties' ostensible agent at the time of the events of October 21, 2009, as alleged in this Complaint acting in the scope of his employment. 31. Defendant Joseph Weber was Dixon Properties' employee, servant, or agent at the time of the events of October 21, 2009, as alleged in this Complaint acting within the scope of his employment. 32. Defendant Dixon Properties' is vicariously liable for the conduct of the security guard as described in this Complaint. 33. The death of Daniel O. Smith was directly and proximately caused by the negligence of the security guard in: (a) Failing to know the whereabouts of the truck drivers in the lot; (b) Misdirecting the EMS without a basis to do so; (c) Preventing the EMS from entering the lot where Mr. Smith was having his heart attack; (d) Failing to possess the training necessary to respond appropriately to a medical emergency; and (e) Taking actions which delayed medical treatment to a person having a heart attack without having a basis to do so. 34. Defendant Dixon Properties, Inc. is also liable on its own account for failing to hire and train, or assure that its security contractor hire and train, persons in the manner in which to respond to medical emergencies and or the arrival of medical personnel to treat medical emergencies on the premises for which security was being provided. COUNT III THE ESTATE OF DANIEL O. SMITH AND HIS HEIRS v. U.S. SECURITY ASSOCIATES. INC 35. Paragraphs 1 through 17 above are incorporated herein by reference. 36. The security guard described in the allegations above, was U.S. Security Associates' employee, servant, or agent at the time of the events of October 21, 2009, as alleged in this Complaint acting within the scope of his employment. 37. The security guard described in the allegations above, was U.S. Security Associates' ostensible agent at the time of the events of October 21, 2009, as alleged in this Complaint acting in the scope of his employment. 38. Defendant Joseph Weber was U.S. Security Associates' employee, servant, or agent at the time of the events of October 21, 2009, as alleged in this Complaint acting within the scope of his employment. 39. Defendant U.S. Security Associates, Inc. is vicariously liable for the conduct of the security guard as described in this Complaint. 40. The death of Mr. Smith was directly and proximately caused by the negligence of the security guard in: (a) Failing to know the whereabouts of the truck drivers in the lot; (b) Misdirecting the EMS without a basis to do so; (c) Preventing the EMS from entering the lot where Mr. Smith was having his heart attack; (d) Failing to possess the training necessary to respond appropriately to a medical emergency; and (e) Taking actions which delayed medical treatment to a person having a heart attack without having a basis to do so. 41. Defendant U. S. Security Associates, Inc. is also liable on its own account for failing to hire and train, or assure that its security contractor hire and train, persons in the manner in which to respond to medical emergencies and or the arrival of medical personnel to treat medical emergencies on the premises for which security was being provided. COUNT III THE ESTATE OF DANIEL O. SMITH AND HIS HEIRS v. JOSEPH WEBER 42. Paragraphs 1 through 17 above are incorporated herein by reference. 43. Defendant Joseph Weber was the security guard at the time of the events of October 21, 2009, as alleged in this Complaint acting within the scope of his employment. 44. The death of Mr. Smith was directly and proximately caused by the negligence of Joseph Weber in: (a) Failing to know the whereabouts of the truck drivers in the lot; (b) Misdirecting the EMS without a basis to do so; (c) Preventing the EMS from entering the lot where Mr. Smith was having his heart attack; (d) Failing to possess the training necessary to respond appropriately to a medical emergency; and (e) Taking actions which delayed medical treatment to a person having a heart attack without having a basis to do so. CLAIM I- SURVIVAL ACTION TAMMY WATSON, ADMINISTRATRIX, OF THE ESTATE OF DANIEL 0. SMITH v. TRANSPORT CORPORATION OF AMERICA INC. and DIXON PROPERTIES INC. U.S. SECURITY ASSOCIATES INC. and JOSEPH WEBER 45. Paragraphs 1 through 17 of the Complaint are incorporated herein by reference. 46. Plaintiff Tammy Watson, Administratrix of the Estate of Daniel O. Smith, deceased, brings this Survival Action under and by virtue of the Act of 1976, July 9, P.L. 586, No. 142, 2, 42 Pa. Cons. Stat. Ann § 8302. 47. Defendants Transport Corporation of America, Inc., Dixon Properties, Inc., U.S. Security Associates, Inc. and Joseph Weber are liable to the Estate of Daniel O. Smith, deceased, for injuries and damages as set forth herein. 48. Plaintiff Tammy Watson, as Administratrix of the Estate of Daniel 0. Smith, deceased, claims on behalf of said Estate, the damages suffered by the said Estate by reason of the death of the decedent, including wage loss and diminution of his earning capacity, funeral and administrative expense, the pain and suffering the decedent underwent prior to death, and for all other damages sustained by the said Estate by reason of the death of the decedent which are recognized under Pennsylvania statute, rules and case law. WHEREFORE, Plaintiff Tammy Watson, Administratrix of the Estate of Daniel O. Smith, deceased, demands judgment against Defendants Transport Corporation of America, Inc., Dixon Properties, Inc., U.S. Security Associates, Inc. and Joseph Weber in an amount in excess of $35,0000 Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM II- WRONGFUL DEATH TAMMY WATSON, ADMINISTRATRIX, OF THE ESTATE OF DANIEL 0. SMITH v. TRANSPORT CORPORATION OF AMERICA INC. and DIXON PROPERTIES, INC., U.S. SECURITY ASSOCIATES, INC and JOSEPH WEBER 49. Paragraphs 1 through 17 of this Complaint is incorporated herein by reference as if set forth at length. 50. Plaintiff Tammy Watson, Administratrix of the Estate of Daniel O. Smith, deceased, brings this action for the wrongful death of Daniel O. Smith, on behalf of all persons entitled to recover, therefore, under and by virtue of the Act of 1976, July 9, P.L. 589, No. 142, 2, 42 Pa. Cons. Stat. Ann § 8301 and all persons who may be entitled under such statute. 51. The following are the names of all the persons entitled by law to recover damages for such wrongful death and their relationship to the decedent: (a) Tammy Watson, 4610 Boeingshire Drive, Memphis, TN 38166, Daughter of Daniel O. Smith, deceased; (b) Sheila L. Shields, 4402 Center Hill Road, Olive Branch, MS 38654, Daughter of Daniel O. Smith, deceased; (c) Tarius Dwayne Smith, 9897 Comrad Drive, Olive Branch, MS 38654, Son of Daniel O. Smith, deceased; and (d) Dantrice Smith, 2552 Cashel Court, Lexington, KY 40509, Daughter of Daniel O. Smith, deceased. 52. As a result of the death of the decedent, the individuals identified in paragraph 51 above, have suffered a pecuniary loss, and claims all damages for Wrongful Death permitted by Pennsylvania statute, rule or case law, including past and future loss of the decedent's companionship, contributions, services, support, and comfort. WHEREFORE, Plaintiff Tammy Watson, Administratrix of the Estate of Daniel O. Smith, deceased, demands judgment against Defendants Transport Corporation of America, Inc., Dixon Properties, Inc., U.S. Security Associates, Inc., and Joseph Weber in an amount in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, By: Date: C '?/?1?611 SCHMIDT KRAMER PC Terfy S. Hy , Esquire I.bb No. 80 209 Sta eet Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs ATTORNEY VERIFICATION 1, Terry S. Hyman, Esquire, verify that I am attorney of record for the Plaintiffs. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities. '? Date: ?- C' , ?' -?6' CERTIFICATE OF SERVICE AND NOW, this 26th day of July 2011, I, Janice S. Harmon an employee of SCHMIDT KRAMER PC, do hereby certify that I have served an AMENDED COMPLAINT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Timothy J. Huber, Esquire Buzgon Davis 525 South Eighth Street PO Box 49 Lebanon, PA 17042-6715 Attorney for Defendant Dixon Properties, Inc. Gary N. Stewart, Esquire Rawle 8s Henderson LLP 240 N. Third St., 9th Fl. Harrisburg, PA 17101 Attorney for Defendant Transport Corporation of America, Inc. Ja 'ce . Harmon SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson (}feQTEI E Sheriff of ?m,r,be? Jody S Smith 24 4 6 1 AUG 12 A 8:02 Chief Deputy CUMBERLAND C L-;Ui'4T` Richard W Stewart Solicitor PENNSSYLV NI A Tammy Watson Case Number vs. Dixon Properties, Inc. (et al.) 2011-5495 SHERIFF'S RETURN OF SERVICE 08/05/2011 02:38 PM - William Cline, Corporal, who being duly sworn according to law, states that on August 5, 2011 at 1438 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: US Security Associates, Inc., by making known unto Corey Richardson, Branch Manager for US Security Associates, Inc. at 5200 Lenker Street, Suite 201, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. --- 41AM IN E, DEPUTY 08/05/2011 02:38 PM - William Cline, Corporal, who being duly sworn according to law, states that on August 5, 2011 at 1438 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joseph Weber, by making known unto Corey Richardson, Branch Manager for US Security Associates, Inc. at 5200 Lenker Street, Suite 201, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. ILLIAM CLINE, D PUTY SHERIFF COST: $54.44 August 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF {c Cbun?yS iito Sher ft. Te?eo-oft. [,--c. I-AdIMLitigationlDixon Prt)perties\Watson`•.Answer, New Matter and Crossclaim.docx - 8/8/11 8:41 ALl ?:-OFFICE >>? F?rOTHONOTAR t 31 I ?i 0 12 FM I : 09 - c AIFERLANO COUNTY t ENNSYLVANIA TIMOTHY J. HUBER, ESQUIRE Attorneys for Dixon Properties, Inc. Attorney I.D. #47231 BUZGON DAVIS LAW OFFICES 525 South Eighth Street-Post Office Box 49 Lebanon, PA ' 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: huber(cr,buzaondavis.com TAMMY WATSON, IN THE COURT OF COMMON PLEAS OF Administratrix of the Estate of Daniel O. Smith, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 11-5495 Civil VS. CIVIL ACTION - LAW TRANSPORT CORPORATION OF : AMERICA, INC., DIXON SURVIVAL/WRONGFUL DEATH ACTION PROPERTIES, INC., U.S. SECURITY : ASSOCIATES, INC. and JOSEPH JURY TRIAL DEMANDED WEBER, : Defendants NOTICE TO PLEAD To Plaintiff and co-Defendants: You are hereby notified to file a written response to the enclosed New Matter and Crossclaims within twenty (20) days from service hereof or a judgment may be entered against you. ANSWER, NEW MATTER AND CROSSCLAIMS PURSUANT TO Pa.R.C.P. 1031.1 OF DEFENDANT, DIXON PROPERTIES, INC AND NOW, comes the Defendant, Dixon Properties, Inc., by its attorneys, Buzgon Davis Law Offices, and files this Answer, New Matter and Crossclaims to Plaintiff's Complaint averring as follows: I. ANSWER L-2. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraphs I and 2. 3. Admitted upon information and belief. 4.-5. Admitted that the portion of the Basehore Road property was leased to Transport Corporation of America, Inc., by Dixon Properties as of October of 2009. It is further admitted that Transport is believed to have operated a trucking terminal at that location. By way of further reply, portions of the Basehore Road property were leased to other tenants. Accordingly, Dixon Properties is unable to state whether or not Transport had possession and control of the truck parking area in which Decedent was parked as averred in Plaintiff's Complaint. It is possible that Decedent may have been parked in areas leased to other tenants. In any event, answering Defendant denies that it was in possession of any portion of the property on which Decedent was parked since Defendant leases all parking areas on the Basehore Road property to various tenants. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 6. 7. Admitted, except that the present address of Dixon Properties, Inc. is P.O. Box 333, Lebanon, PA 17042. 8. Admitted. 9. Denied. It is specifically denied that Dixon Properties, Inc. retained any entity or individual to provide security services at the facility. On the contrary, it did not. Further, Dixon Properties had no active operations that utilized the property in October of 2009. -2- 10.-20. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraphs 10 through 20. COUNTI THE ESTATE OF DANIEL O. SMITH AND HIS HEIRS v. TRANSPORT CORPORATION OF AMERICA, INC. 21.-27. Not directed to answering Defendant. COUNT II THE ESTATE OF DANIEL O. SMITH AND HIS HEIRS v. DIXON PROPERTIES, INC. 28. The answers to paragraphs 1 through 28 are incorporated herein by reference as if textually set forth at length. 29.-31. Denied. It is specifically denied that any security guard present at the present in October of 2009 was the employee, servant or agent of Dixon Properties. On the contrary, no such relationship existed. By way of further reply, Dixon Properties had no involvement in any way with retaining or providing security services at the site. 32. Denied as stating a legal conclusion, requiring no response. 33. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 33. 34. Denied. It is specifically denied that Dixon Properties, Inc., was negligent or responsible for the security guard in any way. The remainder of the averment is denied as stating a legal conclusions requiring no response. -3- COUNT III THE ESTATE OF DANIEL O. SMITH AND HIS HEIRS v. U.S. SECURITY ASSOCIATES, INC. 35.4 1. Not directed to answering Defendant. COUNT IV (mislabeled Count III) THE ESTATE OF DANIEL O. SMITH AND HIS HEIRS v. JOSEPH WEBER 42.44. Not directed to answering Defendant. CLAIM I - SURVIVAL ACTION TAMMY WATSON, ADMINISTRATRIX OF THE ESTATE OF DANIEL, O. SMITH v. TRANSPORT CORPORATION OF AMERICA, INC. and DIXON PROPERTIES, INC., U.S. SECURITY ASSOCIATES. INC. and JOSEPH WEBER 45. The answers to paragraphs 1 through 17 are incorporated herein by reference as if textually set forth at length. 46. No response required. 47. Denied. It is denied that Dixon Properties has any liability to Plaintiffs. The remainder of the averment since, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 47. 48. No response required. To the extent a response is required, it is denied that Dixon Properties has any liability to Plaintiffs. The remainder of the averment is denied since, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 48. -4- WHEREFORE, Defendant, Dixon Properties, Inc., respectfully requests your Honorable Court to dismiss the Complaint filed against it. CLAIM II - WRONGFUL DEATH TAMMY WATSON, ADMINISTRATRIX OF THE ESTATE OF DANIEL O. SMITH v. TRANSPORT CORPORATION OF AMERICA, INC. and DIXON PROPERTIES INC. U.S. SECURITY ASSOCIATES INC. and JOSEPH WEBER 49. The answers to paragraphs 1 through 17 are incorporated herein by reference as if textually set forth at length. 50. No response required. 51.-52. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraphs 51 and 52. WHEREFORE, Defendant, Dixon Properties, Inc., respectfully requests your Honorable Court to dismiss the Complaint filed against it. II. NEW MATTER 53. Answering Defendant was a landlord out of possession. III. CROSSCLAIM PURSUANT TO Pa.R.C.P. 1031.1 DIXON PROPERTIES v. TRANSPORT CORPORATION OF AMERICA, INC., U.S. SECURITY ASSOCIATES, INC. AND JOSEPH WEBER 54. The averments of paragraphs 1 through 53 above are incorporated herein by reference as if textually set forth at length. 55, Defendant Dixon Properties avers that if Plaintiff sustained any damages as is alleged in her Complaint, which is hereby specifically denied, then co-Defendants, Transport Corporation of America, Inc., U.S. Security Associates, Inc. and Joseph Weber, are alone liable or -5- liable over to it or jointly or severally liable for said damages, any liability of the answering Defendant being hereby expressly denied. 56. Defendant Dixon Properties hereby crossclaims against co-Defendants, Transport Corporation of America, Inc., U.S. Security Associates, Inc. and Joseph Weber, to protect its right of indemnity and contribution, and in the event that it is judicially determined that answering Defendant is jointly or severally liable to Plaintiff, then co-Defendants, Transport Corporation of America, Inc., U.S. Security Associates, Inc. and Joseph Weber, are liable over to Defendant Dixon Properties, the existence of any liability on the part of the answering Defendant being hereby expressly denied. WHEREFORE, Defendant Dixon Properties avers that it is not liable to Plaintiff in the within cause of action and requests your Honorable Court to dismiss the Complaint filed against it; AND IN THE ALTERNATIVE, avers that if Plaintiff is entitled to recover upon her Complaint, then co-Defendants, Transport Corporation of America, Inc., U.S. Security Associates, Inc. and Joseph Weber, are solely liable to Plaintiff; and further avers that if it should be found that Defendant Dixon Properties is in any way liable to Plaintiff, then co-Defendants, Transport Corporation of America, Inc., U.S. Security Associates, Inc. and Joseph Weber, are jointly and/or severally liable with answering Defendant or liable over to answering Defendant. BUZGON DAVIS LAW OFFICES BY: Tim by J. Huber, Esquire Attorney I.D. #47231 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: huber@buzgondavis.com Attorneys for Dixon Properties, Inc. -6- VERIFICATION I, FRANCIS J. DIXON, do hereby verify that I am an authorized representative of Dixon Properties, Inc., Defendant in the within action, and that the facts set forth in the foregoing ANSWER, NEW MATTER AND CROSSCLAIM are true and correct to the best of my personal knowledge or information and belief, and that I am authorized to and make this Verification for and on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. DIXON PROPERTIES, INC. By: Dated: 6?I 1 Q I 1 1 F.1JhVf itigatior,i)isbn Proper(ies SG <ttsn?r`aA1'tidmit <.f service Answer NM.docv l 111 1 8:43 A \M TAMMY WATSON, Administratrix of the Estate of Daniel O. Smith, Plaintiff vs. TRANSPORT CORPORATION OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5495 Civil CIVIL ACTION - LAW AMERICA, INC., DIXON SURVIVAL/WRONGFUL DEATH ACTION PROPERTIES, INC., U.S. SECURITY : ASSOCIATES, INC. and JOSEPH JURY TRIAL DEMANDED WEBER, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEBANON ) I, AMY K. HARTRANFT, an employee of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Dixon Properties, Inc., being duly sworn according to law, depose and say that I mailed on August 11, 2011, by regular mail, in a postpaid envelope, a true and correct copy of ANSWER, NEW MATTER AND CROSSCLAIMS PURSUANT TO Pa.R.C.P. 1031.1 OF DEFENDANT, DIXON PROPERTIES, INC., the original of which was mailed on August 11, 2011, for filing in the Office of the Prothonotary of Cumberland County, Pennsylvania, to: Terry S. Hyman, Esquire Transport Corporation of America, Inc. SCHMIDT KRAMER, P.C. 1715 Yankee Doodle Road 209 State Street Eagan, MN 55121 Harrisburg, PA 17101 attorney for Plaintiff U.S. Security Associates, Inc. Joseph Weber 5002 Lenker Street c/o U.S. Security Associates, Inc. Suite 201 5002 Lenker Street Mechanicsburg, PA 17050 Suite 201 Mechanicsburg, PA 17050 Alu4 - 1'1111-j-??A - AMY G. HARTRANFT Sworn to and subscribed before me this tI day of August, A.D., 2011. W commoNweai.?ri of PENNSYLVANIA NOW N Seat L Linda I. aNGN, Notary PL6 k Notary Public Cwnm , on 3 2015 .21 OF WMIEs -2- F. dlh1 itigatiowl)ixon Propertics?4? alson`.Af(rdavit. of'scrN we Ans«cr to disccovcrv.docx - 8111/11 5:44 AM TAMMY WATSON, Administratrix of the Estate of Daniel O. Smith, Plaintiff vs. TRANSPORT CORPORATION OF S t?._? `{ I1C A F-0THONOTAK ,. 2011 AUG 12 PM 1: 09 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5495 Civil CIVIL ACTION - LAW AMERICA, INC., DIXON SURVIVAL/WRONGFUL DEATH ACTION PROPERTIES, INC., U.S. SECURITY : ASSOCIATES, INC. and JOSEPH JURY TRIAL DEMANDED WEBER, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEBANON ) I, AMY K. HARTRANFT, an employee of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Dixon Properties, Inc., being duly sworn according to law, depose and say that I mailed on August 11, 2011, by regular mail, in a postpaid envelope, a true and correct copy of ANSWER OF DIXON PROPERTIES, INC. TO PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS SERVED WITH THE COMPLAINT to: Terry S. Hyman, Esquire Transport Corporation of America, Inc. SCHMIDT KRAMER, P.C. 1715 Yankee Doodle Road 209 State Street Eagan, MN 55121 Harrisburg, PA 17101. attorney for Plaintiff U.S. Security Associates, Inc. Joseph Weber 5002 Lenker Street c/o U.S. Security Associates, Inc. Suite 201 5002 Lenker Street Mechanicsburg, PA 17050 Suite 201 Mechanicsburg, PA 17050 AM HARTRANFT Sworn to and subscribed before me this < < day of August, A.D., 2011. r 9apsaffirAm OF MMANIA Noto W Saw Ura i. OWN, Notary Public N Lammi L"M CW 342015 YNotary Public mw' . mw? P11111KYAW ANNOCAMN Or NOTARMS -2- RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 Payne Shoemaker Building 240 N. Third Street, 9 h Floor Harrisburg, PA 17101 (717) 234-7700 "-f"M ERLAND COUNTY Pt* 'J4SYLVANIA Attorneys for Defendants, Transport Corporation of America, Inc. TAMMY WATSON, COURT OF COMMON PLEAS OF ADMINISTRATRIX, OF THE ESTATE CUMBERLAND COUNTY OF DANIEL O. SMITH Plaintiff, CIVIL ACTION vs. NO.: 11-5495 TRANSPORT CORPORATION OF AMERICA, INC., DIXON PROPERTIES, INC., U.S. SECURITY ASSOCIATES, INC., AND JOSEPH WEBER Defendants. JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, TRANSPORT CORPORATION OF AMERICA, INC. TO PLAINTIFF'S AMENDED COMPLAINT AND NOW COMES Defendant, Transport Corporation of America, Inc., by and through its attorneys, Rawle & Henderson LLP, and files Preliminary Objections to Plaintiff's Amended Complaint as follows: 1. This lawsuit arises out of an October 21, 2009 incident when Daniel Smith, Plaintiff's Decedent, had a heart attack in the cab of his truck-tractor while it was parked in a parking lot at 6370 Basehore Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. On or about July 28, 2011, Plaintiff filed an Amended Complaint in the above- 4797471-1 caption matter. A true and correct copy of Plaintiff's Amended Complaint is attached hereto as Exhibit "A." 3. Plaintiff's Amended Complaint was served upon Transport Corporation of America, Inc. ("Transport America") on August 1, 2011. 4. Plaintiff alleges that Daniel Smith died of a heart attack after having trouble breathing as he was in the cab of his parked truck-tractor. Plaintiff's Amended Complaint, ¶ 13, 18 and 20. 5. Plaintiff generally alleges that the negligence of Transport America caused Daniel Smith's death by heart attack. Plaintiff's Amended Complaint, Count I. 6. Rule 1028 of the Pennsylvania Rules of Civil Procedure provides, in relevant part: (a) Preliminary, objections may be filed by any party to any pleading and are limited to the following grounds: (4) legal insufficiency of a pleading (demurrer) [Pa.R.C.P. 1028]. MOTION TO STRIKE (DEMURRER) PLAINTIFF'S AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM OF NEGLIGENCE AGAINST DEFENDANT, TRANSPORT CORPORATION OF AMERICA, INC. 7. In this case, demurrer is appropriate as Plaintiff fails to state a cause of action for negligence in that Plaintiff's Amended Complaint fails to allege facts sufficient to prove that Transport America was the cause of the heart attack suffered by Daniel Smith. 8. Plaintiff's Amended Complaint is silent as to what caused Daniel Smith to suffer a heart attack. 9. There are no allegations in Plaintiff's Amended Complaint that Transport America owed a duty to Plaintiff's Decedent. 4797471-1 2 10. There are no allegations in Plaintiff's Amended Complaint that Transport America breached a duty owed to Plaintiff s Decedent. 11. There are no allegations in Plaintiffs Amended Complaint that Transport America was the cause of the heart attack suffered by Plaintiff s Decedent. 12. There are no allegations in Plaintiffs Amended Complaint establishing a causal connection between the alleged acts of negligence and the heart attack suffered by Plaintiff's Decedent. 13. In Pennsylvania, a complaint must summarize the essential facts necessary to support the claim. Krajsa v. Keypunch, Inc., 424 Pa. Super. 230, 236, 622 A.2d 355, 357 (1993). If a plaintiff fails to plead a specific cause of action, the cause of action he did not plead is waived. Garcia v. Community Legal Services, 362 Pa. Super. 484, 489, 524 A.2d 980, 982 91987). 14. To establish a viable cause of action in negligence, the pleader must aver in his complaint the following elements: 1) a duty, or obligation, recognized by the law, requiring the actor to confirm to a certain standard of conduct, for the protection of others against unreasonable risks; 2) A failure on that person's part to conform to the standard required: a breach of the duty; 3) A reasonably close causal connection between the conduct and the resulting injury; and 4) Actual loss or damage resulting to the interest of another. Ferry v. Fisher, 709 A.2d 399, 402 (Pa. Super. 1998; J.E.J. v. Tri-County Big Brothers/ Big Sisters, Inc., 692 A.2d 582 (Pa. Super. 1997) (holding that the elements of negligence are duty owed, a breach of that duty, a causal connection between the breach and the resulting injury, and actual damages or loss.) 4797471-1 3 15. It is fundamental that in a negligence action the plaintiff must allege facts establishing a duty owed to the plaintiff, the breach of which duty gave rise to the damages allegedly suffered by the plaintiff. Otto v. American Mutual Insurance Co., 241 Pa. Super. 423, 429, 361 A.2d 815, 818-19.. See also DeJesus v. Liberty Mutual Insurance Co., 423 Pa. 198, 223 A.2d 849 (1966) (per curiam); Gavula v. ARA Services, 200 Pa. Super. 177, 756 A.2d 17 (2000); Ferry v. Fisher, 709 A.2d 399 (Pa. Super. 1998); Stempler v. Frankford Trust Co., 365 Pa. Super. 305, 529 A.2d 521 (1987); Pike City Hotels Corp v. Kiefer v. Marvins Refrig, 262 Pa. Super. 126, 396 A.2d 677 (1978); Boyce v. U.S. Steel Corp., 446 Pa. 226, 285 A.2d 459 (1971). 16. Duty and the breach thereof, are questions of whether a Defendant is under any obligation for the benefit of the particular plaintiff. Prosser, Law of Torts, § 53 at 970 (40' Ed. 1971). 17. The breach of a duty, in any given situation, is predicated on the relationship existing between the parties at the relevant time and necessarily requires some kind of knowledge. Morena v. South Hills Health System, 501 Pa. 634, 642, 462 A.2d 680 (1983); Dumanski v. City of Erie, 348 Pa. 505, 34 A.2d 508 (1943); Porreca v. Atlantic Refining, Co., 403 Pa. 171, 168 A.2d 564 (1961); Pittsburgh National Bank v. Perr, 431 Pa. Super. 580, 584, 637 A.2d 334, 336 (1994). 18. It is necessary that a complaint aver both the duty owed to the plaintiff and the breach of that duty by the Defendants to support an action in negligence. Guy v. Liederbach, 501 Pa. 47, 459 A.2d 744 (1983); Gavula v. ARA Services, 200 Pa. Super. 177, 756 A.2d 17 (2000); Ferry v. Fisher, 709 A.2d 399 (Pa. Super. 1998); Davies v. McDowell National Bank, 407 Pa. 209, 180 A.2d 21 (1962); Restatement (Second) of Torts §§ 328-343B (1965). 4797471-1 4 19. Thus, to successfully plead a prima facie case of negligence, a plaintiffs complaint must allege duty, breach of the duty by the defendants, and establish a causal connection between the alleged breach and alleged injuries. 20. Plaintiffs Amended Complaint does not even contain a bald allegation that Transport America owed a duty to Plaintiff s Decedent. 21. Furthermore, Plaintiffs Amended Complaint fails to aver any facts suggesting that Transport America breached a duty owed to Plaintiffs Decedent. 22. Most importantly, Plaintiffs allege that a heart attack was the cause Daniel Smith's death; however, there are no allegations as to what or who caused Daniel Smith's heart attack. 23. Considering Plaintiff has failed to plead a claim of negligence, Transport America is entitled to demurrer and Plaintiffs Amended Complaint should be stricken. WHEREFORE, defendant, Transport Corporation of America, Inc., respectfully requests that this Honorable Court grant its demurrer and strike Plaintiffs Amended Complaint with prejudice. RAWLE & HENDERSON LLP By yLG ?' ' Gary N. Stewart, Esquire PA Identification No.: 67353 gstewart@rawle.com Michael T. Traxler, Esquire PA Identification No.: 90961 mtraxler@rawle.com Dated: Attorneys for Defendant, Transport Corporation of America, Inc. 4797471-1 5 File No. 370.065 EDELSTEIN LAW, LLP BY: JAY L. EDELSTEIN, ESQUIRE Identification No.: 30227 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215)893-9311/Fax: 215-893-9310 TAMMY WATSON, ADMINISTRATRIX,OF THE ESTATE OF DANIEL O. SMITH Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-5495 CIVIL TRANSPORT CORPORATION OF AMERICA, INC., DIXON PROPERTIES, INC., CIVIL ACTION-LAW U.S. SECURITY ASSOCIATES, INC., AND JOSEPH WEBER Defendants. ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter our, appearance on behalf of defendant, U.S. SECURITY ASSOCIATES, INC. in the within action. Defendant hereby demands a jury trial in this matter. Jury of twelve with alternates, demanded. Date: AA1 ?i y for Defendant, ?curit Associates, Inc. EDELS BY: JAY L D EIN, ESQUIRE Atto for Defendant(s), U.S. Security Associates, Inc. F u ED-OFFICE DONALD M. DESSEYN, gsquT*E PROTNONOTAMTORNEYS FOR DEFENDANT Attorney ID # 69179 IXON PROPERTIES, INC. 4999 Louise Drive, Suite 103^a11 AUG 24 AMA 11: Mechanicsburg, PA 17055 CUMBERLAND COUNTY (717) 791-0400 _NNSYLVANIA TAMMY WATSON, Administratrix of the IN THE COURT OF COMMON PLEAS Estate of Daniel O. Smith, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA No 11-5495 V. CIVIL ACTION - LAW TRANSPORT CORPORATION OF SURVIVAL/WRONGFUL DEATH ACTION AMERICA, INC., DIXON PROPERTIES, INC., U.S. SECURITY ASSOCIATES, JURY TRIAL DEMANDED INC., and JOSEPH WEBER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Donald M. Desseyn, Esquire as Co-Counsel on behalf of the Defendants Dixon Properties, Inc. in the above-captioned matter. Date: By: Donal sseyn, Esquire Co-Counsel for Defendant Dixon Properties, Inc. A -s CERTIFICATE OF SERVICE AND NOW, this 22nd day of August 2011, I, Donald M. Desseyn, Esquire, as Co-Counsel for Defendant, Dixon Properties, Inc. certify that I served a copy of the within Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Terry S. Hyman, Esquire Schmidt Kramer, PC 209 State Street Harrisburg, PA 17101 (Attorney for Plaintiff) Timothy J. Huber, Esquire Buzgon David 525 South Eighth Street Lebanon, PA 17042-6715 (Personal Attorney for Dixon Properties, Inc.) Gary N. Stewart, Esquire Rawle & Henderson, LLP 240 North Third Street, 9`1' Floor Harrisburg, PA 17101 (Attorney for Transport Corporation of American, Inc.) Jay L. Edelstein, Esquire Edelstein Law, LLP 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (Attorney for U.S. Security Associates, Inc.) 11-10 ? L, # ? ??' ?0 By: Dona seyn, squire Co-Counsel for Defendant Dixon Properties, Inc. { 1 RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 Payne Shoemaker Building 240 N. Third Street, 9th Floor Harrisburg, PA 17101 (717) 234-7700 A„, C 1 UC 2 5 PH 2: 2 r '1 IBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants, Transport Corporation of America, Inc. TAMMY WATSON, ADMINISTRATRIX, OF THE ESTATE OF DANIEL O. SMITH Plaintiff, vs. : TRANSPORT CORPORATION OF AMERICA, INC. and DIXON PROPERTIES, INC. Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO. 11-5495 ANSWER OF DEFENDANT, TRANSPORT CORPORATION OF AMERICA, INC. TO CO-DEFENDANT, DIXON PROPERTIES, INC.'S CROSSCLAIM Defendant, Transport Corporation of America, Inc., by and through its attorneys, Rawle & Henderson LLP, answers co-defendant, Dixon Properties, Inc.'s Crossclaim as follows: 54. This is an incorporation clause; accordingly, no response is required. 55. Denied as stating a legal conclusion, requiring no response. 56. Denied as stating a legal conclusion, requiring no response. 4822704-1 WHEREFORE, defendant, Transport Corporation of America, Inc., avers that it is not liable to plaintiff and co-defendants and respectfully requests that the Complaint and Crossclaims filed against it be dismissed. RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendants, Transport Corporation of America, Inc. 4822704-1 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Terry S. Hyman, Esquire Schmidt Kramer 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff Timothy J. Huber, Esquire Buzgon Davis Law Offices 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042-0049 Counsel for Dixon Properties, Inc. Jay Edelstein, Esquire 230 South Broad Street Suite 900 Philadelphia, PA 19102 Counsel for U.S. Security Associates, Inc. and Joseph Weber RAWLE & HENDERSON LLP Dated: g 1 ?; R V/-: P - o j By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire 4822704-1 f y BY: TERRY S. HYMAN, ESQUIRE I.D. # 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 .. i ii PRO HONOTA" LJII A)UG 26 AMU: CUMBERLAN > s?for Plaintiff(s) mr-o&in V? %iA LJI A 1P.. A ZIA TAMMY WATSON, ' "':"'IN'THE COURT OF COMMON PLEAS ADMINISTRATRIX, OF THE ESTATE CUMBERLAND COUNTY, PENNSYLVANIA OF DANIEL O. SMITH, Plaintiff V. No. 11-5495-Civil TRANSPORT CORPORATION OF CIVIL ACTION - LAW AMERICA, INC., DIXON SURVIVAL/WRONGFUL DEATH ACTION PROPERTIES, INC., U.S. SECURITY ASSOCIATES, INC. and JOSEPH WEBER Defendants : JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANT DIXON PROPERTIES, INC. 53. The allegations herein are conclusions of law lacking any material facts upon which an affirmative defense may be based. These allegations, therefore, are insufficient as a matter of law to raise any of the defenses asserted herein. Plaintiff is not required to respond to conclusions of law, To the extent any response is required, the allegations are denied pursuant to PA. R.C.P. 1029 Respectfully submitted, SCHM KRAMER PC Ter S. man, Esquire I. . 36807 209 State Street Harrisburg, PA 17101 717/232-6300 Date: ,???/11 Counsel for Plaintiff ATTORNEY AFFIDAVIT I, Terry S. Hyman, Esquire, being duly sworn according to law, deposes, and states that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. Te man, Esquire Date: A f CERTIFICATE OF SERVICE AND NOW, this -day of August 2011, I, Janice S. Harmon an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANT DIXON PROPERTIES, INC. in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Timothy J. Huber, Esquire Buzgon Davis 525 South Eighth Street PO Box 49 Lebanon, PA 17042-6715 Gary N. Stewart, Esquire Rawle 8s Henderson LLP 240 N. Third St. 9th Fl. Harrisburg, PA 17101 Jay L. Edelstein, Esquire Edelstein. Law, LLP 230 S. Broad Street, Ste. 900 Philadelphia, PA 19102 Donald M. Desseyn, Esquire 4999 Louise Drive, Ste. 103 Mechanicsburg, PA 17055 J?dnice Six Harmon BY: TERRY S. HYMAN, ESQUIRE VI.D. # 36807 jAQ626 ?' 209 State Street COUNTY Harrisburg, PA 17101 ' iss LV AHI N (717) 232-6300 Attorneys for Plaintiff(s) thyman(a)srklaw. com TAMMY WATSON, IN THE COURT OF COMMON PLEAS ADMINISTRATRIX, OF THE CUMBERLAND COUNTY, ESTATE OF DANIEL O. SMITH, PENNSYLVANIA Plaintiff V. No. 11-5495-Civil TRANSPORT CORPORATION OF CIVIL ACTION - LAW AMERICA, INC., DIXON SURVIVAL/WRONGFUL PROPERTIES, INC., U.S. ACTION SECURITY ASSOCIATES, INC. and JOSEPH WEBER Defendants : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE DEATH This is to certify that on February 11, 2011, a true and correct copy of the Complaint, Civil Action No. 11-5495 - Civil was mailed to Transport Corporation of American, 1715 Yankee Doodle Road, Eagan, MN 55121 via certified mail, return receipt requested. A copy of the certified mail receipt 7007 0220 0001 4375 6189 is attached hereto. J nic . Harmon ACCEPTANCE OF SERVICE This is to certify that on the 14th day of July 2011, a true and correct copy of the above-noted Complaint was served upon the Defendant via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt 7007 0220 0001 4375 6189 is attached hereto. Janice S. Harmon i ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 64'Ap b 1)00d& Rd- ?71s ?Vr? . eAga,-v 1 M1V la 1 A. Signature X ? Agent Wi?GG? ? Addressee B. Received by (Prin M r e of Delivery D. Is delivery d9tiont from item 1?VN If YES, ente deliv address below: }Tn No JUL 14 2011 3. Service Type ? Certified Mail ? Mail ? Registered Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 0220 0001 4375 6189 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 U.S. Postal Service CERTIFIED MAIL,?? RECEIPT (Domestic Mail Only; No insurance Covera Provided) rr1 Postage $ Certified Fees O r-? C3 Return Receipt Fee Postmark Q (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) O r1J Total Postage & Fees $ ?P O l o ren, A ?? o 0 ----- treet, PL No. - - --- --- ------ - ------- -- or PO Box No. 1711- City, State, ZJP+4 - - ----------------- -- --------------------------------- CERTIFICATE OF SERVICE AND NOW, this ,; day o 2011, I, Janice Harmon, an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a true and correct copy of the AFFIDAVIT OF SERVICE in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Jay L. Edelstein, Esquire Edelstein Law, LLP 230 S. Broad Street, Ste. 900 Philadelphia, PA 19102 Counsel for U.S. Security Associates Timothy J. Huber, Esquire Buzgon Davis 525 South Eighth Street PO Box 49 Lebanon, PA 17042-6715 Counsel for Dixon Properties, Inc. Gary N. Stewart, Esquire Rawle 8s Henderson LLP 240 N. Third St. 9th Fl. Harrisburg, PA 17101 Counsel for Transport Corporation of American, Inc. Janice Harmon c? File No. 370.065 EDELSTEIN LAW, LLP BY: JAY L. EDELSTEIN, ESQUIRE Identification No.: 30227 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215)893-9311/Fax: 215-893-9310 F ILEU-OFFICC OF THE PROTHO`NoT.A,'-..; 2011 SEP 26 AM 11: If I OUMBERLANO 0044crne for Defendant, P E N 1e S l' LV t S. Security Associates, Inc. and Joseph Weber TAMMY WATSON, ADMMSTRATRIX,OF THE ESTATE OF DANIEL O. SMITH Plaintiff, V. TRANSPORT CORPORATION OF AMERICA, INC., DIXON PROPERTIES, INC., U.S. SECURITY ASSOCIATES, INC., AND JOSEPH WEBER Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-5495 CIVIL CIVIL ACTION-LAW REPLY OF DEFENDANTS, U.S. SECURITY ASSOCIATES, INC. AND JOSEPH WEBER TO NEW MATTER CROSSCLAIM OF DEFENDANT, DIXON PROPERTIES, INC. AND NOW COMES, Defendants, U.S. Security Associates, Inc. and Joseph Weber, by and through their attorneys, Edelstein Law, LLP answering New Matter Crossclaim of co- defendant, Dixon Properties as follows: 54-56. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in the aforesaid paragraph. Strict proof thereof is demanded if deemed relevant at the time of trial. It is specifically denied that U.S. Security Associates had an responsibility as well as Joseph Weber for the area in which this incident allegedly occurred. Strict proof thereof is demanded if deemed relevant at the time of trial. WHEREFORE, Defendants, U.S. Security Associates, Inc., and Joseph Weber demand judgment in their favor. LLP By; JAY L. EDELSTEIN, E Attorney for Defendants Security Ass es, Inc. and Joseph Weber VERIFICATION The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsificati< DATE: . It CERTIFICATION OF SERVICE I do hereby c ify that was made on the day of Mail, postage pre-paid. Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 Timothy J. Huber, Esquire BUZGON DAVIS 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 Gary N. Stewart, Esquire RAWLE & HENDERSON, LLP 240 N. Third Street 9th Floor Harrisburg, PA 17101 and correct copy of the within 2011, to counsel above named by United States BY: JAY . EDELS Atto ev for De U.S. N Joseph Inc. and RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 Payne Shoemaker Building 240 N. Third Street, 9' Floor Harrisburg, PA 17101 (717) 234-7700 . 19 110 N" 0 T ,U11BERLAND COUN I"t' PENNSYLVANIA Attorneys for Defendants, Transport Corporation of America, Inc. TAMMY WATSON, COURT OF COMMON PLEAS OF ADMINISTRATRIX, OF THE ESTATE CUMBERLAND COUNTY OF DANIEL O. SMITH Plaintiff, VS. CIVIL ACTION NO. 11-5495 TRANSPORT CORPORATION OF AMERICA, INC. and DIXON PROPERTIES, INC. Defendants. ANSWER OF DEFENDANT, TRANSPORT CORPORATION OF AMERICA, INC. TO CROSSCLAIM ASSERTED BY CO-DEFENDANT, U.S. SECURITY ASSOCIATES, INC Defendant, Transport Corporation of America, Inc., by and through its attorneys, Rawle & Henderson LLP, answers the crossclaim asserted by co-defendant, U.S. Security Associates, Inc. as follows: 1. Denied. The assertions contained in this paragraph constitute conclusions of law; accordingly, no responsive pleading is necessary. 4971944-1 WHEREFORE, defendant, Transport Corporation of America, Inc., demands judgment in its favor and against plaintiffs and co-defendants. RAWLE & HENDERSON LLP By. . Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendants, Transport Corporation of America, Inc. 4971944-1 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Terry S. Hyman, Esquire Schmidt Kramer 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff Timothy J. Huber, Esquire Buzgon Davis Law Offices 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042-0049 Counsel for Dixon Properties, Inc. Jay Edelstein, Esquire 230 South Broad Street Suite 900 Philadelphia, PA 19102 Counsel for U.S. Security Associates, Inc. and Joseph Weber RAWLE & HENDERSON LLP i By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire Dated: l o%Z S`/a j 4971944-1 F 1G- , • ~ A SCHMIDT KRAMER PC BY: TERRY S. HYMAN, EBQUIRE ~ „T ^ ~ .14 I.D. # 3680'T ~ 10 ~ ~ I `209 State Street Harrisburg, PA 17101 t EENNj' jLVANf V (717) 232-6300 Attorneys for Plaiatiffys) thvmaa(a-*rklaw.com TAMMY WATSON, : IN THE COURT OF COMMON PLEAS ADMINISTR.ATRIX, OF THE . CUMBERLAND COUNTY, ESTATE OF DANIEL O. SMITH, : PENNSYLVANIA Plaintiff . v. . No. 11-5495 CIVIL TRANSPORT CORPORATION OF : CNIL ACTION - LAW AMERICA, INC., DIXON SURVIVAL/WRONGFUL DEATH PROPERTIES, INC., U.S. ACTION SECURITY ASSOCIATES, INC., AND JOSEPH WEBER : Defendants : JURY TRIAL DEMANDED PETITION AND RULE OF TERRY S. HYMAN, ESQUIRE TO SHOW CAUSE WHY HE SHOULD NOT BE PERMITTED TO WITHDR.AW AS COUNSEL PURSUANT TO PA.R.C.P 1012 AND NOW, Terry S. Hyman, Esquire and Schmidt Kramer PC hereby Petition this Honorable Court to permit them to withdraw as Counsel for Plaintiff Estate of Daniel O. Smith for the following reasons: 1. Daniel O. Smith, an over-the-road truck driver, died of a heart attack in his tractor while parked on a lot located at 6370 Basehore Road, Mechanicsburg, Pennsylvania on October 21, 2009. 2. Suit was brought based upon the alleged actions of a security guard in misdirecting an ambulance from the area where Mr. Smith was parked in his tractor trailer after Mr. Smith had called 911 and given the Basehore address as his location. I 3. The Estate of Daniel O. Smith retained Terry S. Hyman, Esquire of Schmidt Kramer PC as attorneys to pursue the case against the Defendants without first hand knowledge of the events, who owned the property or the identity of the security guard. 4. After suit was started against the possible defendants, Counsel was able to ascertain from public tax records facts came to light which made it clear to Attorney Terry S. Hyman that he could no longer zealously represent Plaintiff and that he would have to withdraw as counsel. He, therefore, wrote to the Plaintiff, her sister and referring Counsel, explaining the basis of his decision. 5. Specifically the area where Mr. Smith was parked was not an area where the security company was hired to secure. Other facts made current Counsel revaluate the liability of the case, and determine it was best to withdraw, while allowing the Plaintiff's ample time to get new representation, and protect them from adverse action by the Defendants until they had an opportunity to do so. 6. No civil attorney should be forced, nor should he ethically pursue a case in which he cannot fully and zealously advocate his client's position. 7. The Smith sisters who represented the family were given notice by letter dated August 24, 2011, of Terry S. Hyman's intention to withdraw as counsel and have been advised to obtain other counsel by September 25, 2011. 8. Both Tammy Watson and Sheila Shields, Mr. Smith's daughters were called to see if they had obtained another lawyer, or wished to withdraw the case voluntarily. 9. Defense counsel has also been advised of Schmidt Kramer's intention to withdraw and has agreed not to take any action adverse to the Plaintiff until he has had a reasonable time to obtain other counsel. 10. Both Tammy Watson and Sheila Shields, Mr. Smith's daughters were sent copies of this Petition when it was filed with the Court on October 7, 2011. 11. The Plaintiffs, therefore, have had two letters and two telephone calls over the last two months asking them to contact Plaintiff's counsel about getting another attorney. 12. Neither Tammy Watson nor Sheila Shields has as of October 25, 2011 contacted Plaintiff's counsel in any fashion at all. 13. Granting this Petition will not impair Plaintiff's ability to pursue their case with other counsel or on their own. They have also been advised that without a new lawyer the Defendants may take actions to have the case dismissed. 14. As of this date, no one has contacted Schmidt Kramer to advise them that new counsel had been retained or that they wish to proceed with or drop the case. 15. In fairness to all parties, as well as Schmidt Kramer, this Petition i to Withdraw should be granted allowing the case to follow its natural course. . WHEREFORE, Terry S. Hyman prays Your Honor will grant his Petition to Withdraw as Counsel. Respectfully submitted, SCHMIDT KRAMER PC , Terry S. Hyman, ire I.D. # 36807 209 State Street Harrisburg, PA 17101 717/232-6300 CERTIFICATE OF SERVICE AND NOW, this, -c~ay of , 2011, I, Janice S. Harmon, an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a true and correct copy of the PETITION AND RULE OF TERRY S. HYMAN, ESQUIRE TO SHOW CAUSE WHY HE SHOULD NOT BE PERMITTED TO WITHDRAW AS COUNSEL in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Janice S. Harmon j (All, l PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) C") I.,, c C. -*? -------------------------------------------------------------------------------------------------------------- CAPTION OF CASE aPM C_7 =-r} (entire caption must be stated in full) rill m - Co 6 Tammy Watson, Administratrix of the Estate of Daniel O. Smith r:a =Q ' o vs. y+ ?O =t: Z cal art Transport Corporation of America, Inc., et al F3 No. 5495 11 Te m 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Terry S. Hyman, 209 State St., Harrisburg, PA 17101 (Name and Address) Sheila L. Shields, 4402 Center Hill Rd., Olive Branch, MS 38654;Tammy Watson, Adm. Estate of Smith 4610 Boeingshire Dr., Memphis, TN 38166 (b) for defendants: Jay Edelstein, 230 S. Broad St., Ste. 900, Phila., PA 19102 (Name and Address) Timothy J. Huber, 525 S. 8th St., Lebanon, PA 17042; Donald M. Desseyn, 4999 Louise Dr., Ste. 103, Mechanicsburg, PA 17055 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 24, 2012 Signature --T? Print your name Defendant, Transport Corp. of America 12/20/11 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is relisted. 1*44 BY: TERRY S. HYMAN, ESQUIRE I.D. # 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) ?. thymari(u-srklaw com .., TAMMY WATSON, : IN THE COURT OF COMMONv?- ADMINISTRATRIX, OF THE : PLEAS= -, ESTATE OF DANIEL O. : CUMBERLAND COUNTY, Wry ?7?-',` SMITH, PENNSYLVANIA p Plaintiff - 77 V. No. 11-5495-Civil - ;70 TRANSPORT CORPORATION CIVIL ACTION - LAW OF AMERICA, INC., DIXON SURVIVAL/WRONGFUL DEATH PROPERTIES, INC., U.S. ACTION SECURITY ASSOCIATES, INC. and JOSEPH WEBER Defendants : JURY TRIAL DEMANDED • PLAINTIFF'S MOTION TO STAY ORAL ARGUMENT UNTIL PLAINTIFF'S REPRESENTATION IS RESOLVED 1. On October 11, 2011, Counsel for Plaintiff filed a Petition to Withdraw as Counsel in regard to the above-captioned matter for which this Court issued a Rule to Show Cause on November 2, 2011, which had been served upon Plaintiff Tammy Watson. 2. Schmidt Kramer's Petition to Withdraw has not yet been granted. A Motion to Make the Rule Absolute is being filed concurrently with this Motion. 3. On December 20, 2011 Defendant Transport Corporation of America Inc. listed its Preliminary Objects for the Oral Argument scheduled for February 24, 2012. 4. Schmidt Kramer PC should not be compelled to brief and argue motions in a case where its Petition to Withdraw has been pending for more than a month, and is ripe for resolution. 5. Defendant will suffer no prejudice in continuing the oral argument on its Preliminary Objections until the next Argument Court. Wherefore Plaintiffs pray its Motion to Stay Argument on Defendants Preliminary Objections be granted. Respectfully submitted, SCHMIDT KRAMER PC Tfrry . man, Esquire I.D. 3 07 20 ate Street Harrisburg, PA 17101 717/232-6300 CERTIFICATE OF SERVICE AND NOW, this L?6& day of 2012, I, Janice S. Harmon, an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a true and correct copy of the PLAINTIFF'S MOTION TO STAY ORAL ARGUMENT UNTIL PLAINTIFF'S REPRESENTATION IS RESOLVED in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Timothy J. Huber, Esquire Buzgon Davis 525 South Eighth Street PO Box 49 Lebanon, PA 17042-6715 Gary N. Stewart, Esquire Rawle 8s Henderson LLP 230 N. Third Street, 9th Fl. Harrisburg, PA 17101 Jay L. Edelstein, Esquire Edelstein Law, LLP 230 S. Broad Street, Ste. 900 Philadelphia, PA 19102 Tammy Watson 4610 Boeingshire Drive Memphis, TN 38166 Sheila L. Shields 4402 Center Hill Road Olive Branch, MS 38654 Ja c S. Harmon Donald M. Desseyn, Esquire 4999 Louise Drive, Ste. 103 Mechanicsburg, PA 17055 d BY: TERRY S. HYMAN, ESQUIRE I.D. # 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 1IF Attorneys for PlairQ f*21 _- r ra TAMMY WATSON, ADMINISTRATRIX, OF THE ESTATE OF DANIEL O. SMITH, Plaintiff V. : IN THE COURT OF COMI : PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 11-5495-Civil Cni _<> w c? ?Po r-) c =o ?4 ..< c) TRANSPORT CORPORATION CIVIL ACTION - LAW OF AMERICA, INC., DIXON SURVIVAL/WRONGFUL DEATH PROPERTIES, INC., U.S. ACTION SECURITY ASSOCIATES, INC. and JOSEPH WEBER Defendants : JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE PERMITTING SCHMIDT KRAMER PC TO WITHDRAW AS COUNSEL AND NOW, comes Terry S. Hyman, Esquire, counsel for Plaintiff and set forth as follows: 1. On October 11, 2011, Counsel for Plaintiff filed a Petition to Withdraw as Counsel in regard to the above-captioned matter. 2. On November 2, 2011, this Honorable Court issued a Rule upon the Estate of Daniel O. Smith to show cause, why Terry S. Hyman, Esquire, and Schmidt Kramer PC should not be permitted to withdraw as Plaintiffs counsel in the above-captioned matter. (See a copy of the Rule to Show Case attached as Exhibit A). "-j C - rj rn F am m c? ?T r? 3. The Rule had a returnable date of twenty (20) days of service of this Order. 4. The Rule was served upon Tammy Watson as Administratrix of the Estate of Daniel O. Smith by this Court. 5. To date no response has been received from Plaintiff or any party. 6. More than 20 days have passed since the date the Rule was issued. More than 25 days have passed since the Rule and Order were served on Plaintiffs. 7. On August 25, 2011, Plaintiff's Counsel advised Tammy Watson as Administratrix of the Estate of Daniel O. Smith was advised as to the actions needed to take to oppose the withdrawal and the possible consequences should withdrawal be granted. (See letter attached as Exhibit B). WHEREFORE, Terry S. Hyman, Esquire and Schmidt Kramer PC requests that this Honorable Court make the Rule of November 2, 2011, absolute to withdraw as Plaintiffs counsel in the above-captioned case. Respectfully submitted, KRAMER PC e ?,) //,.,: ?) ? 21. c, 20 /.2- - T66rry S. an, Esquire I.D. # VaStreet 209 Harri, PA 17101 717/232-6300 SCHMIDT KRAMER PCJ BY: TERRY S. HYMA24, ESQUIRE I.D. # 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) thymanC srklaw.com TAMMY WATSON, IN THE COURT OF COMMON PLEAS ADMINISTRATRIX, OF THE CUMBERLAND COUNTY, ESTATE OF DANIEL O. SMITH, PENNSYLVANIA Plaintiff V. No. 11-5495 CIVIL TRANSPORT CORPORATION OF CIVIL ACTION - LAW AMERICA, INC., DIXON SURVIVAL/WRONGFUL DEATH PROPERTIES, INC., U.S. ACTION SECURITY ASSOCIATES, INC., AND JOSEPH WEBER Defendants JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW this Ar.6 of, 2011, a Rule. is issued upon the Estate of Daniel O. Smith to Show Cause why the Petition of Terry S. Hyman and Schmidt Kramer PC to withdraw as Counsel for Plaintiff in the above-captioned case should not be granted Rule is returnable in A days. J. J. Distribution List: Timothy J. Huber, Esquire, Buzgon Davis, 525 S. Eighth St., Lebanon, PA 17042 Tammy Watson, 4610 Boeingshire Drive, Memphis, TN 38166 Gary N. Stewart, Esquire, Rawle & Henderson, LLP, 230 N. Third Street, Harrisburg, PA 17101 Sheila L. Shields, 4402 Center Hill Road, Olive Branch, MS 38654 Jay L. Edelstein, Esquire, Edelstein Law, LLP, 230 S. Broad Street, Philadelphia, PA 19102 Donald M. Desseyn, Esquire, 4999 Louise Drive, Ste. 103, Mechanicsburg, PA 17055 209 State Street Harrisburg, Pennsylvania 17101 717.232.6300 S hill dtKramer FAX 717.232.6467 www.schmidtkramer.com N J U R Y LAWYERS August 25, 2011 Tammy Watson 4610 Boeingshire Dr. Memphis, TN 38166 Sheila L. Shields 4402 Center Hill Road Olive Branch, MS 38654 RE: Your Case Dear Tammy and Sheila: I am sorry to have to write this letter to you concerning our latest investigation of your father's accident. Initially we believed that the accident occurred in the portion of the truck parking lot leased by the Transport Corporation of America (TCA). We further believed that TCA had hired a security guard who had the responsibility to provide security for all of the vehicles on the lot at the time your father pulled onto the property. Since we have started suit, we have learned that, in fact, the property was divided into two portions. The front half of the lot was leased by Transport Corporation of America who had a facility there to store and repair some of its vehicles. Transport Corporation, therefore, did provide a security guard for its half of the property on a 24-hour basis. The back half of the property, however, was leased to a number of different truck companies including U.S. Express simply as. a parking lot. Any truck leased to U.S. Express or one of the other companies could drive directly through the TCA lot without speaking to or having any dealings with the security guard. Any of these drivers could simply drive to the back lot and crawl into their sleeper until they were in a position to drive again under DOT regulations or leave the lot without saying anything to the guard. Put simply the guard had no duty to provide any security to, or keep track of, what any driver did in the back lot. Therefore, in our opinion, it is hard to show that the security guard had any duty to keep track of your father driving into the lot or staying in his truck That fact coupled with your father's description to 911 that he was in a "scrap yard" would, in our opinion, provide a reasonable excuse for the security guard to say he had no truck drivers in his area of the lot and directing the EMT people to the nearest scrap yard. With these facts, it is quite possible the case will get thrown out of Court once all of the facts come out on Summary Judgment. Even if the case would go to a jury, our experience with Central Pennsylvania juries leads us to believe it will be difficult, if not impossible to win the case. I am truly sorry that I put you through all of the aggravation to get the Estate opened. I did not think it would take such a big effort. However, I also did not know all of the facts until we got the case in suit and I found out who owned what on the property. It is not at all apparent in looking at the property that there were really two different sections leased to different companies. At this point, I have already started.suit on your behalf. If you wish to pursue the case then you should find another attorney to do so either on your own or through Morgan & Morgan. Our office, however, is NOT willing to go any further with the case. I will do enough to keep the case open for the next thirty days. However, if, in thirty days I do not hear anything back' from you with the name of another attorney then, I will withdraw as your lawyer and, the case undoubtedly will be thrown out of Court if you do not have another lawyer as you will have to act as your own lawyers from down in Tennessee or Mississippi. I am enclosing a brief form which I ask you to fill out and send back to me, which will direct me how to act. in your case.. . Again, I am sorry I could not be of more help. Please call me if you want further explanation. However, do return the attached form with one of the blocks checked along with your signature. Very truly yours, SCHMIDT KRAMER PC Terry. S. ,t lyman Attorney at Law TSH/jsh Enclosure cc: John Hall, Esquire DIRECTIONS TO SCHMIDT KRAMER PC ? I hereby direct Schmidt Kramer PC to 'discontinue the case which they brought on behalf of my father against the companies who owned, leased or provided security at the truck stop where he died. I understand that if I check this block the case will be terminated and after the Statute of Limitations expires in October 2011, we will not be able to pursue any case on behalf of my father's Estate against these Defendants. ? I hereby direct Schmidt Kramer PC to keep the case open for at least thirty days until I can find another lawyer. I understand that unless I find a new lawyer by September 25, 2011, Schmidt Kramer PC will take action to withdraw as my counsel and that if they are permitted to withdraw as my counsel, the Defendants will likely take action to get the case dismissed which I will have to defend on my own. Tammy Watson CERTIFICATE OF SERVICE AND NOW, this day of 2012, I, Janice S. Harmon, an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a true and correct copy of the MOTION TO MAKE RULE ABSOLUTE PERMITTING SCHMIDT KRAMER PC TO WITHDRAW AS COUNSEL in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Timothy J. Huber, Esquire Buzgon Davis 525 South Eighth Street PO Box 49 Lebanon, PA 17042-6715 Gary N. Stewart, Esquire Rawle & Henderson LLP 230 N. Third Street, 9th Fl. Harrisburg, PA 17101 Jay L. Edelstein, Esquire Edelstein Law, LLP 230 S. Broad Street, Ste. 900 Philadelphia, PA 19102 Tammy Watson 4610 Boeingshire Drive Memphis, TN 38166 Sheila L. Shields 4402 Center Hill Road Olive Branch, MS 38654 Donald M. Desseyn, Esquire 4999 Louise Drive, Ste. 103 Mechanicsburg, PA 17055 J e . Harmon 1.... r TAMMY WATSON, ADMINISTRATRIX, OF THE ESTATE OF DANIEL 0. SMITH, Plaintiff &I* a MEW V. TRANSPORT CORPORATION OF AMERICA, INC., DIXON PROPERTIES, INC, U.S. SECURITY ASSOCIATES, INC. and JOSEPH WEBER, Defendants IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO. 2011- 5495 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO STAY ORAL ARGUMENT UNTIL PLAINTIFF'S REPRESENTATION IS RESOLVED ORDER OF COURT AND NOW, this 18th day of January, 2012, upon consideration of Plaintiff's Motion to Stay Oral Argument Until Plaintiff's Representation is Resolved, and it appearing that Defendant Transport Corporation of America, Inc. has listed its Preliminary Objections for the February 24, 2012 Argument Court term, Plaintiff's motion is denied. Distribution List: Terry S. Hyman, Esq. Schmidt Kramer PC 209 State Street Harrisburg, Pa 17101 By the Thoma A. Placey C.?l. t-? xv, -ter, ? c? /Timothy J. Huber, Esq. Buzgon Davis 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 ;/ Gary N. Stewart, Esq. Rawle & Henderson LLP 230 N. Third Street, 9"' Floor Harrisbug, PA 17101 Jay L. Edelstein, Esq. Edelstein Law, LLP 230 S. Broad Street, Ste. 900 Philadelphia, PA 19102 Donald M. Desseyn, Esq. 4999 Louise Drive, Ste. 103 Mechanicsburg, PA 17055 1/Tammy Watson 4610 Boeingshire Drive Memphis, TN 38166 /Sheila L. Shields 4402 Center Hill Road Olive Branch, MS 38654 'Pr CS p1q• `/tw //19//a Aa 1 r . TAMMY WATSON, ADMINISTRATRIX, OF THE ESTATE OF DANIEL 0. SMITH, Plaintiff v. TRANSPORT CORPORATION OF AMERICA, INC., DIXON PROPERTIES, INC, U.S. SECURITY ASSOCIATES, INC. and JOSEPH WEBER, Defendants IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO. 2011 - 5495 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE PERMITTING SCHMIDT KRAMER PC TO WITHDRAW AS COUNSEL AND NOW, this 19th day of January, 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute Permitting Schmidt Kramer PC to Withdraw as Counsel, and the Rule to Show Cause dated November 2, 2011, and it appearing that over twenty days have lapsed since the date the Rule was issued, and it further appearing that no response to the Rule has been filed by the Estate of Daniel 0 Smith, the Motion of Terry S. Hyman, Esq. and Schmidt Kramer PC to withdraw as Counsel of Plaintiff Tammy Watson as Administratrix of the Estate of Daniel 0. Smith is Granted. As of the date of this Order, Terry S. Hyman, Esquire and Schmidt Kramer PC shall no longer be Counsel of Record in the Estate of Daniel 0. Smith. 14lN'4A1ASNN3d ,k].hlflo~t QPIVIN39W 6-S :1 Wd 61 rNVF ZIOZ Tho . Placey C.P.J. Distribution List: Terry S. Hyman, Esq. Schmidt Kramer PC 209 State Street Harrisburg, Pa 17101 imothy J. Huber, Esq. Buzgon Davis 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 1 Gary N. Stewart, Esq. Rawle & Henderson LLP 230 N. Third Street, 9?n Floor Harrisbug, PA 17101 V Jay L. Edelstein, Esq. Edelstein Law, LLP 230 S. Broad Street, Ste. 900 Philadelphia, PA 19102 V Donald M. Desseyn, Esq. 4999 Louise Drive, Ste. 103 Mechanicsburg, PA 17055 Tammy Watson 4610 Boeingshire Drive Memphis, TN 38166 ,J Sheila L. Shields 4402 Center Hill Road Olive Branch, MS 38654 C-r?;P,a.%q, r?lfia File No. 370.065 EDELSTEIN LAW, LLP BY: JAY L. EDELSTEIN, ESQUIRE Identification No.: 30227 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215)893-9311 /Fax: 215-893-9310 Attorney for Defendant, U.S. Security Associates, Inc. and Joseph Weber TAMMY WATSON, ADMINISTRATRIX,OF THE ESTATE OF DANIEL O. SMITH Plaintiff, V. : TRANSPORT CORPORATION OF AMERICA, INC., DIXON PROPERTIES, INC., U.S. SECURITY ASSOCIATES, INC., AND JOSEPH WEBER Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-5495 CIVIL CIVIL ACTION-LAW rn w rri r i. : ?.r c -°:a _ u t ... .. . C f. ? PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Kindly substitute the attached verifications to Defendants' Reply to New Matter Crossclaim of Defendant, Dixon Properties which was filed on September 26, 2011 in the above matter. EDELSTEIN LAW. BY: AY L. EDELSTEIN, ESQUIRE orney for Defendants, U.S. Associates, Inc, 2w Joseph Weber 1-6-12 CERTIFICATION OF SERVICE I do hereby certify that service of a true and correct copy of the within was made on the day of , 2012, to counsel above named by United States Mail, postage pre-paid. Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 Timothy J. Huber, Esquire BUZGON DAVIS 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 Gary N. Stewart, Esquire RAWLE & HENDERSON, LLP 240 N. Third Street 9th Floor Harrisburg, PA 17101 EDELS BY: JAY L. EDELSTEIN, -?Ul Attorney for Defendants, U.S. Security Associates, Inc. • a VERIFICATION The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge or information and belief. V the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but, signer has knowledge or information sufficient to form a belief that one of them is true. The language of this pleading is that of counsel and not of signer. This verification is made subject to the penalties of 18 PA C.S.A. §4904 relating to unswom falsification to authorities. (Signature) For U.S. SECURITY ASSOCIATES, INC. DATE: September 22, 2011 Diane Raidt (Please print name) 370.465 0 a VERIFICATION The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. The language of this pleading is that of counsel and not of signer. This verification is made subject to the penalties of 18 PA C.S.A. §4904 relating to unsworn falsification to authorities. 1 Signature) - Joseph Weber Q- (Plea print name) DATE: 370.065 File No. 370.065 EDELSTEIN LAW, LLP BY: JAY L. EDELSTEIN, ESQUIRE Identification No.: 30227 230 South Broad Street, Suite 900 Philadelphia, PA 19102 (215)893-931 I/Fax: 215-893-93 10 Attorney for Defendant, U.S. Security Associates, Inc. and Joseph Weber TAMMY WATSON, ADMINISTRATRIX,OF THE ESTATE OF DANIEL, O. SMITH Plaintiff, V. TRANSPORT CORPORATION OF AMERICA, INC., DIXON PROPERTIES, INC., U.S. SECURITY ASSOCIATES, INC., AND JOSEPH WEBER Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-5495 CIVIL CIVIL ACTION-LAW rq Z - .? PRAECIPE TO SUBSTITUTE TO THE PROTHONOTARY: Kindly substitute the attached verifications to Defendants' Answer to Plaintiff's Complaint which was filed on September 16, 2011 in the above matter. EDELSTEIN LAW, LLP JAY L. DDE ESQUIRE Attorney DefendantU.S. Security Associa and Joseph Weber 1-6-12 CERTIFICATION OF SERVICE I do hereby certify that service of a true and correct copy of the within was made on the day of , 2012, to counsel above named by United States Mail, postage pre-paid. Terry S. Hyman, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 Timothy J. Huber, Esquire BUZGON DAVIS 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 Gary N. Stewart, Esquire RAWLE & HENDERSON, LLP 240 N. Third Street 9th Floor Harrisburg, PA 17101 EDELSTEIN LAW, LLP BY: *Y L.,EDELSTEIN, ES Attorney for Defendants, U.S. Security Associates, Joseph Weber VERIFICATION The averments or denials .of facts contained in the foregoing are true based upon the. signer's personal knowledge or information and belief. It the foregoing contains averments which are inconsistent in fact, signer has been unable, aftct reasonable investigation, to ascertain which or the inconsistent averments are true, but signer has knowledge orinformation. sufficient to form a belief that one of them is 'true. The language of this pleading is that of counsel and not of signer. 7rhis verification' is made subject to the penalties of 18 PA C:S.A. §4904 relating to unsworn falsification to authorities. (Si,gmage) For U.S. SECURITY ASSOCIATES; INC. Diane Raidt (Please print name) DATE: September.22., 2011 370.065 t y VERIFICATION The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. The language of this pleading is that of counsel and not of signer. This verification is made subject to the penalties of 18 PA C.S.A. §4904 relating to unsworn falsification to authorities. Signature) - Joseph Weber (Plea print name) DATE: 370.065 • i-1i_EO--OFFlcr IF PROTHONOTAlk"I RAWLE & HENDERSON LLP 0 By: Gary N. Stewart 2012 APR I I PM 1: 18 Identification No.: 67353 CUMBERLAND COUNTY By: Michael T. Traxler PENNSYLVANIA Identification No.: 90961 Payne Shoemaker Building 240 N. Third Street, 9' Floor Attorneys for Defendants, Harrisburg, PA 17101 Transport Corporation of America, Inc. (717) 234-7700 TAMMY WATSON, COURT OF COMMON PLEAS OF ADMINISTRATRIX, OF THE ESTATE CUMBERLAND COUNTY OF DANIEL O. SMITH VS. Plaintiff, TRANSPORT CORPORATION OF AMERICA, INC., DIXON PROPERTIES, INC., U.S. SECURITY ASSOCIATES, INC. and JOSEPH WEBER Defendants. CIVIL ACTION NO. 11-5495 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended, with Prejudice. W > By _ Tammy ?aZdministratrix of The Estate of Daniel O. Smith 5244763-1