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HomeMy WebLinkAbout12-2836i _yy W2%& 7 PM 1.J3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND .Njt ; CIVIL DIVISION r, ANIA Plaintiff(s) & Address(es) 1'' F H''l S y L`'i Alford L. Shull, Jr., as Executor of the Estate of Alford L. Shull 273 Baywood Avenue Pittsburgh, PA 15228 VS. Defendant(s) & Address(es) J. Robert Lehman 863 Oak Oval Mechanicsburg, PA 17055 Case No. 2012- y 3 lQ Civil Term Civil Action PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne /Sheriff. Please Circle choice 5/4/2012 Date : Signature of Attorney Print Name: ANDREW C. SPEARS, ESQ. Address: 1300 Linglestown Rd. Harrisburg, PA 17110 Telephone #: 717-238-2000 Supreme Court ID Number: 87737 TO: J. Robert Lehman • • • • • WRIT OF SUMMONS - _ % 1095-75 VA OL*A Q? ? 7U gN YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. T) Prothonotary/Clerk, Civil Division Date: _ J 7 )],Q Deputy SHERIFF'S OFFICE OF CUMBERLAND 'COt -,"-,, Ronny R Anderson Sheriff i4??t? s?t tu?ub?.?,???? FlED-OFFI Lf i 7 NE P o i H0+s0 Tilt 1 a Jody S Smith Chief Deputy Richard W Stewart Solicitor 2012 MAY 22 AM 9: 09 cu PENNSYLVANIA Alford L. Shull, Jr. Case Number VS. J. Robert Lehman 2012-2836 SHERIFF'S RETURN OF SERVICE 05/11/2012 03:55 PM - Ryan Burgett, Deputy Sheriff, who being duly swum according to law, stabs that on May 11, 2012 at 1555 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: J. Robert Lehman, by making known unto himself personally, at 863 Oak Oval, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the sane time handing to him personally the said true and correct copy of the same. m RYAN BURGM, DOWAV SHERIFF COST: $38.45 May 17, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. 20113PjAy - i0 TA f;; !110: 20 �U p����A�'p ppU .4 NIA Andrew C.Spears, Esquire I.D. No. 72663 HANDLER, HENNING&ROSENBERG, LLP 1300 Linglestown Road,Suite 2 Harrisburg, PA 17110 Telephone: (717)238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Held @HHRLaw.com ALFORD L. SHULL,JR., as Executor of the IN THE COURT OF COMMON PLEAS OF Estate of Alford L. Shull, Deceased, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 2012-2836 CIVIL V. J. ROBERT LEHMAN, CIVIL ACTION - LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 ' ^ Andrew C Spears, Esquire |.[\ No.72663 HANDLER,HENm|NG/&mOSENBERG LLP 13UnUng!estown Road,Suite 2 Harrisburg,PA1711V Telephone: (717)238-2000 Attorney for Plaintiff , Fax: (717)233-3029 E-mail: |d 4LPC]RDL. 8HULL]R, as Executor ofthe : |N THE COURT[)P COMMON PLEAS OF Estate of Alford L.Shull, Deceased, ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : � NO.: 2Ol2'2836CIVIL m. z J. ROBERT LEHK8AN, CIVIL ACTION'LAW Defendant � AVISO LISTED HAS|DODEK8ANDADO/AENCURTE. Si usted deseadefendersedeka» demandas clue se presenton rn6sadc|anteen |asoiguientespA0inas, debetomaraccibn dentno de |os podximosveinte (20) dhas deypu6s de la notificaddn de esta Denoonda yAviso radicando persona|rnente o por nnedio de un obogado una comparecencia escrita y radicando en |a Corte por escrito sus defensas de, y objecciones a, las demandas pnesen1adasaqu/ en contra suya. 6e \eadvierte de quesi usted haUa detomaracddn como se describe anteriurmente' e| raso puede proceders|n usted y un faUo por cua|quiersuma de dinero rpc|arnada en |a demanda ocua|quierotra rec|amacibn o remedio »o|idtado por el dennandante puedcserdictodo en contra auya por |a Corte sin mds aviso adidona|. Usted puede pe,derdinero o prnpiedad uotrosde,echooimpnrtantex para usted. |/ UST[D DE8E LL[VAR ESTE DOCU8ENTD A SU ABOG4DU |NWED|4TAWENTE. S| LISTED NO TlENE UN ABOGADO, LLAW1E O VAYA A LA S|GU|ENTE OF|C|NA. ESTA OF|C|NA PUEDE PROVEERLE INFORK4AC!ONACERC4DECOK4OC{}NSEGU|RUN48OG4D{). 3| LISTED NO PUEDE PAGAR POR LOS SERV|OOS DE UN ABOGADO, ES POS0LE DUE ESTA OF0NA LE PUEDA PROVEER |NFORMAC|ON 3O8RE AGENC|AS {lUE OFREZ[AN 6ERV|O[)S LEGALES 8N CARGO O BAJO [DSTOA PERSONAS DUECUAL|F|CAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Andrew C. Spears (PA 87737) HANDLER,HENNING & ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiff Fax 717.233.3029 spears @hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ALFORD L. SHULL, JR., Execu7ofthe Estate of ALFORD L. SHULL, PlainNO.: 2012-2836 V. J. ROBERT LEHMAN, CIVIL ACTION—LAW Defendant COMPLAINT AND NOW comes the Plaintiff, Alford L. Shull, Jr. ("Mr. Shull"), Executor of the Estate of Alford L. Shull , by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears, Esq., and makes the within Complaint against the Defendant, J. Robert Lehman ("Defendant Lehman"), and avers as follows: 1. Mr. Shull is an adult individual currently residing at 273 Baywood Avenue, Pittsburgh, Allegheny County, Pennsylvania. 2. Plaintiff's Decedent, Alford L. Shull, previously resided at 108 Main Street, Dillsburg, York County, Pennsylvania. 3. Defendant Lehman is an adult individual with a last known address of 863 Oak Oval, Mechanicsburg, Cumberland County, Pennsylvania. 4. At all times material hereto, Plaintiff's Decedent, Alford L. Shull, was a front seat passenger in a 2001 Kia Rio, owned and operated by Sally Vance, and bearing Pennsylvania registration number DDN1488 ("Plaintiffs Decedent's Vehicle"). 5. At all times material hereto, Defendant Lehman was the owner and operator of a 2004 Ford Taurus bearing Pennsylvania registration number ERK8517 ("Defendant's Vehicle"). 6. At all times material hereto, there were no adverse roadway or weather conditions. 7. At approximately 4:40 p.m. on May 16, 2010, Plaintiff s Decedent's vehicle was travelling eastbound on Williams Grove Road near the intersection with Grantham Road in Monroe Township, Cumberland County, Pennsylvania. 8. At approximately the same time and place, Defendant's Vehicle was stopped at the stop sign on Grantham Road. 9. Suddenly, and without warning, Defendant's Vehicle attempted to make a left hand turn onto Williams Grove Road directly in front of Plaintiffs Decedent's Vehicle causing the front passenger side of both vehicles to violently collide with one another. 10. As a result of the collision, Defendant Lehman was subsequently charged with proceeding without clearance after stop, pursuant to 75 Pa. C.S. § 3323 (Duties at Stop Sign). 11. As a result of the collision, Plaintiffs Decedent's Vehicle and Defendant's Vehicle were towed from the scene. 2 12. As a result of the collision, Plaintiff's Decedent was transported via ambulance to Carlisle Regional Hospital. 13. On November 11, 2011, Plaintiff's Decedent died due to causes unrelated to the aforementioned collision. 14. As a direct and proximate result of Defendant Lehman's negligence, Plaintiff's Decedent suffered damages as set forth more specifically below. COUNT NEGLIGENCE Alford L. Shull, Jr., Executor of the Estate of Alford L. Shull v. J. Robert Lehman 15. All prior paragraphs are incorporated herein as if set forth fully below. 16. The aforementioned collision and Plaintiffs Decedent's resultant injuries are the direct and proximate result of Defendant Lehman's negligence, specifically, Defendant Lehman's: a. Driving Defendant's Vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S. § 3714; b. Failing to exercise reasonable care in the operation and control of Defendant's Vehicle, in violation of 75 Pa. C.S. § 3714; C. Failing to be reasonably vigilant to observe Plaintiffs Decedent's vehicle lawfully upon the roadway; d. Failing to properly regulate the speed of Defendant's Vehicle so as to prevent a collision; e. Disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa. C.S. § 3361; 3 f. Failing to be continuously alert, failing to perceive any warning of danger that was reasonably likely to exist, and failing to have his vehicle under such control that injury to persons or property could be avoided; g. Proceeding without clears after a stop sign, in violation of 75 Pa. C.S. § 3323; and h. Driving Defendant's vehicle in an unsafe manner, in violation of 75 Pa. C.S. § 3304. 17. As a direct and proximate result of Defendant Lehman's negligence, Plaintiff's Decedent has: a. Suffered personal injuries including, but not limited to, left side neck pain, right elbow abrasion, and right thumb pain; b. Suffered a loss of income; C. Suffered physical pain, discomfort, and mental anguish, and he suffered the same for the remainder of his lifetime; d. Been compelled, in order to affect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, to his detriment and loss; e. Suffered a loss of life's pleasures, to his detriment and loss; and f. Been hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. 4 • WHEREFORE, Plaintiff, Alford L. Shull, Jr., Executor of the Estate of Alford L. Shull, seeks damages from Defendant, J. Robert Lehman, in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER,HENNING & ROSENBERG,LLP Dated: May 7, 2013 By: Andrew C. Spears, Esquire- I.D. No.: 87737 Attorneys for Plaintiff Alford L. Shull, Executor of the Estate ofAlford L. Shull 5 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew C. Spears, Esquire Date: 5/7/2013 Andrew C. Spears, Esq. (PA 87737) HANDLER,HENNING &ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiff Fax 717.233.3029 spears @hhrlaw.corn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA ALFORD L. SHULL,JR.,Executor of the Estate of ALFORD L. SHULL, Plaintiff NO.: 2012-2836 V. J. ROBERT LEHMAN, CIVIL ACTION—LAW Defendant CERTIFICATE OF SERVICE On this 7"' day of May, 2013, 1 hereby certify that a true and correct copy of Plaintiffs Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Matthew Ridley, Esquire Johnson, Duffie, Stewart& Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant HANDLER,HENNING & ROSENBERG,LLP Andrew C. e s, I.D. No.: 87737 Attorney,for Plaintiff PRO rij 040 _AR,' 29131fAy24 pt, 1: 30 CU�'BERL A IJD CoUn T P Andrew C.Spears, Esq. YL V,4 NIA Attorney ID#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717)238-2000 Attorney for Plaintiffs Fax : (717)233-3029 E-mail: Spears@hhriaw.com ALFORD L. SHULL JR., as Executor of the IN THE COURT OF COMMON PLEAS ESTATE OF ALFORD L. SHULL CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2012-2836 J. ROBERT LEHMAN, CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please substitute the attached Verification for the Attorney's Verification in the recently filed Complaint in this matter. Respectfully submitted, HANDLER HENNING & ROSENBERG, LLP By: ct Andrew C. Spears, Esquire I.D. No.: 87737 Attorney for Plaintiff Date: May 23, 2013 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Alfor L. Shull, Jr., as Executor of the Estate of Alford L. Shull, Deceased r F I LE01-0 FF ICS- 1013 ICY 29 AM 1 f* 2`9 CUMBERLAND COUNTY PENNSYLVANIA JOHNSON, DUFFIE, STEWART&WEIDNER By: Matthew Ridley, Esquire Attorneys for Defendant I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com ALFORD L. SHULL, Jr., as Executor of IN THE COURT OF COMMON PLEAS OF the Estate of Alford L. Shull, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2012-2836 Civil Term V. CIVIL ACTION — LAW J. ROBERT LEHMAN, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Alford L. Shull, Jr. . c/o Andrew C. Spears, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 AND NOW, this 28th day of May, 2013, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By / l./ I', . Matthew Ridley, Esquire Attorneys for Defendant :557222 22740-3080 JOHNSON, DUFFIE,STEWART&WEIDNER By: Matthew Ridley, Esquire Attorneys for Defendant I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com ALFORD L. SHULL, Jr., as Executor of IN THE COURT OF COMMON PLEAS OF the Estate of Alford L. Shull, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2012-2836 Civil Term V. CIVIL ACTION — LAW J. ROBERT LEHMAN, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, J. Robert Lehman, by and through his counsel, Matthew Ridley and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs Complaint: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 3. Admitted. 4. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that a collision occurred at the date, time, and place of the subject accident. The remaining allegations of paragraph 9 state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Denied. To the best of the Plaintiff's knowledge, he was not charged with a violation of 75 Pa.C.S. § 3323 (Duties at Stop Sign). 11. Admitted. 12. Denied. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 2 13. Denied. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 14. Denied. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I — NEGLIGENCE Alford L. Shull, Jr., Executor of the Estate of Alford L. Shull v. J. Robert Lehman 15. Defendant incorporates by reference his answers to paragraphs 1 through 14 above as if fully set forth at length herein. 16. Denied. Paragraph 16 and its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. By way of further answer, it is denied that the Defendant was negligent and careless and/or liable for: (a) Driving the Defendant's vehicle in careless disregard for the safety of persons or property in violation of 75 Pa.C.S. § 3714; (b) Failing to exercise reasonable care in the operation and control of Defendant's vehicle, in violation of 75 Pa.C.S. § 3714; (c) Failing to be reasonably vigilant to observe Plaintiffs decedent's vehicle lawfully upon the roadway; 3 (d) Failing to properly regulate the speed of Defendant's vehicle so as to prevent a collision; (e) Disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75. Pa.C.S. § 3361; (f) Failing to be continuously alert, failing to perceive any warning of danger that was reasonably likely to exist, and failing to have his vehicle under such control that injury to persons or property could be avoided; (g) Proceeding without clearance after a stop sign in violation of 75 Pa. C.S. § 3323; and (h) Driving Defendant's vehicle in an unsafe manner in violation of 75 Pa. C.S. § 3304, 17. Denied. Paragraph 17 and its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER By way of additional answer and reply, Defendant J. Robert Lehman raises the following New Matters: 18. Some or all of the Plaintiffs claims may be barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial 4 Responsibility Law, 75 Pa. C.S.A. §1701, et seq. and especially by §§1705 and 1722 of that law. 19. Discovery may reveal that Plaintiff was a limited tort elector or was otherwise bound by the limited tort option at the time of this accident and did not suffer a "serious injury" as defined in the Pennsylvania Motor Vehicle Financial Responsibility Law thereby limiting the recoverable damages in this case. 20. Discovery may reveal that the Plaintiff failed to mitigate his damages. 21. To the extent that some of the Plaintiff's damages have been paid for in the past or will be payable in the future by insurance, group contract or other arrangement for payment, then claims for those damages are barred by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A.§1722, and by the defense of payment generally. 22. Discovery may reveal that some of Plaintiffs medical conditions and limitations preexisted the date of the subject accident and were not caused or aggravated by the accident. 23. Discovery may reveal that some of Plaintiffs medical conditions and limitations were caused or aggravated by events that occurred subsequent to the date of the subject accident. 24. That Plaintiff may have failed to mitigate his alleged injuries. 5 WHEREFORE, the Defendant, J. Robert Lehman, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By A-1 ^ . Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: May 28, 2013 Counsel for Defendant 6 VERIFICATION The undersigned, having read the attached Answer and New Matter of Defendant to Plaintiffs Complaint, hereby certifies that the attached Answer and New Matter is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Answer and New Matter is that of counsel and not of the undersigned. The undersigned verifies that he has read the attached Answer and New Matter and that it is true and correct to the best of his information and belief. To the extent that the contents of the Answer are that of counsel, the undersigned has relied upon counsel in taking this Verification. This Verification is made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. J. Robert Lehman 74vb-ty 1G z013 Dated: I CERTIFICATE OF SERVICE 1 hereby certify that a copy of the foregoing Answer and New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 28, 2013: Andrew C. Spears, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: /t Matthew Ridley, Esquire Counsel for Defendant F11_-D-OFF 1Cf� O1~ THE PROTHONOTARY 2013 JUN --4 AM 11': 24 OUPP ENN YLVAN COUNTY P Andrew C. Spears (PA 87737) HANDLER,HENNING&ROSENBERG,LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiff Fax 717.233.3029 spears@hhrlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ALFORD L. SHULL, JR., Executor of the . Estate of ALFORD L. SHULL, Plaintiff NO.: 2012-2836 V. J. ROBERT LEHMAN, CIVIL ACTION—LAW Defendant PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Alford L. Shull, Jr., Executor of the Estate of Alford L. Shull, by and through his attorney, HANDLER, HENNING & ROSENBERG, LLP, by Andrew C. Spears., and responds to the Defendant's allegations of New Matter as follows: 18. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.§1701 et. seq. and §1701 and §1722 speak for themselves. By way of further response, any and all allegations and/or insinuations of wrongdoing on part of Plaintiff is hereby denied. 19. The averments of this paragraph constitutes conclusions of law to which no response is required. If a response is required the Pennsylvania Motor Vehicle Financial Responsibility Law speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff is hereby denied. 20. The averments of this paragraph constitutes conclusions of law to which no response is required. If a response is required the Pennsylvania Motor Vehicle Financial Responsibility Law speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff is hereby denied. 21. The averments of this paragraph constitutes conclusions of law to which no response is required. If a response is required the Pennsylvania Motor Vehicle Financial Responsibility Law speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff is hereby denied. 22. The averments of this paragraph constitutes conclusions of law to which no response is required. If a response is required the Pennsylvania Motor Vehicle Financial Responsibility Law speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff is hereby denied. 23. The averments of this paragraph constitutes conclusions of law to which no response is required. If a response is required the Pennsylvania Motor Vehicle Financial 2 3 Responsibility Law speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff is hereby denied. 24. The averments of this paragraph constitutes conclusions of law to which no response is required. If a response is required the Pennsylvania Motor Vehicle Financial Responsibility Law speaks for itself. By way of further response, any and all allegations and/or insinuations of wrongdoing on the part of Plaintiff is hereby denied. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter, enter judgment in his favor and enter such other Orders that are equitable and just. Respectfully submitted, HANDLER,HENNING&ROSENBERG,LLP Dated: June 3, 2013 By: An rs (PA 87737) Attorneys for Plaintiff Alford L. Shull, Executor of the Estate of Alford L. Shull 3 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew C. Spears, Esquire Date: 6/3/2013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA ALFORD L. SHULL, JR., Executor of the Estate of ALFORD L. SHULL, Plaintiff NO.: 2012-2836 V. J. ROBERT LEHMAN, CIVIL ACTION—LAW Defendant CERTIFICATE OF SERVICE On the 3rd day of June, 2013, I hereby certify that a true and correct copy of Plaintiff's Reply To New Matter was served upon the following by depositing in U.S. Mail; Matthew Ridley, Esq. Johnson, Duffle, Stewart& Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 HANDLER,HENNING chit ROSENBERG,LLP By: F'A'— Andrew C. Spears (PA 87737) Attorneys for Plaintiff Alford L. Shull, Executor of the Estate of Alford L. Shull F ;! L D-0FF CE I HE PROTHONOTARY 2QIi HAY —9 PA 2: :F: Andrew C. Spears, Esquire CUBLAdn COUNTY I.D. No. 87737 SYLVANIA HANDLER, HENNING & ROSENBERE,�� 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 (717) 238-3029 Held@HHRLaw.com Attorneys for Plaintiff ALFORD L. SHULL, Jr., as Executor of : IN THE COURT OF COMMON PLEAS OF the Estate of Alford L. Shull, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. J. ROBERT LEHMAN, Defendant NO. 2012-2836 Civil Term CIVIL ACTION — LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above -captioned matter as settled, discontinued and ended, with prejudice. Date: 599942 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By Andrew C. Spears, Esquire Attorney I.D. No.: 87737 Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone (717) 238-2000 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe to Settle, Discontinue and End has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, certified mail, return receipt requested, in Lemoyne, Pennsylvania, on May 8, 2014: Andrew C. Spears, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: E. V Mich le E. Neff, Lega Fetary to Matthew Ridley, Esquire