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HomeMy WebLinkAbout12-4187David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP 1 South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff CHRISTYLEE PECK and PATRICK S. CAWLEY, her husband 2154 Chestnut Street Cam Hill, PA 17011 Plaintiffs V. JESSE G. HARRISON 26 Woodcrest Drive Carlisle, PA 17015 Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons aganst the Defen tin the above-captioned action. The Writ shall be issued and forwarded to the riff of Cumbe d County Or service upon 8' 3845.2 David B. Dowling, Esquire RHOADS & SINON LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs of Attorney Supreme Court ID No. 25452 Date: June 29, 2012 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: C-> -el3 rn+ cn r`- r-z ? DC*') z C-) D N c r-- cn -o 3 N w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. /a - y187 ?IV1? ?ti°?M? JURY TRIAL DEMANDED YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. ? ?? ?? ?' n ?? Prothonotary < 570"'a I O S bATE'O: Qu.l '5, o201a 4103.16 P & 7025/ 0 .277S91 -`?-4 w ATTy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Christylee Louisa Peck (et al.) vs. Jesse G. Harrison of ' SHERIFF'S RETURN OF SERVICE -? 3 rv -o rri 80 C = ?X; . wC ? I _ t U Case Numbe 2012-4187 07/09/2012 06:56 PM - Ronald Hoover Deputy Sheriff, who being duly sworn according to law, states that on July , 2012 at 1856 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Jesse G. Harrison, by making known unto himself personally, at 26 Woodcrest Drive Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. <:?- / SHERIFF COST: $34.45 July 12, 2012 RONALD HOOVER, DEPU SO ANSWERS, RON R ANDERSON, SHERIFF I"ILE0-i1FFIC� 2013 HAY -? AM I i Johnson, Duffie, Stewart&Weidner By: John A. Statler, Esquire CUMBERLAND COUNTY I.D. No. 43812 PENNSYLVANIA Attorneys for Defendant 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas @jdsw.com CHRISTYLEE PECK and IN THE COURT OF COMMON PLEAS PATRICK S. CAWLEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW NO. 12-4187 CIVIL TERM JESSE G. HARRISON, Defendant JURY OF 12 PERSONS DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendant Jesse G. Harrison in the above-captioned case. JOHNS =STEWART NER B y: John A. Statler, Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Jesse G. Harrison DATE: 4 —13 555024 22740-3111 CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon all parties or counsel of record by depositing a copy of same in the 67In United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of M 2013, addressed to the following: David B. Dowling, Esquire Rhoads and Sinon, LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART &WEIDNER By: John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Jesse G. Harrison FILED-OFFICrE OF THE PRO NO THOTAR"f Q 2013 MAY -7 A 11: 16 Johnson, Duffie, Stewart&Weidner By: John A. Statler, Esquire CUMrB ERLAND COUNTY I.D. No. 43812 PENNSYLVANIA Attorneys for Defendant 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas@jdsw,com CHRISTYLEE PECK and IN THE COURT OF COMMON PLEAS PATRICK S. CAWLEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW NO. 12-4187 CIVIL TERM JESSE G. HARRISON, Defendant JURY OF 12 PERSONS DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Rule upon the Plaintiffs, Christylee Peck and Patrick S. Cawley, to file a Complaint within 20 days or suffer a judgment non pros seq. reg. JOH FFIE, STEWART&WEIDNER By: John A. Statler, Es-40fre-) Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: f Attorneys for Defendant Jesse G . Harrison RULE TO PLAINTIFFS CHRISTYLEE PECK and PATRICK S. CAWLEY: You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. DATE:— PROTHONOTARY 555034 22740-3111 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Rule for Complaint upon all parties or counsel of record by depositing a copy of same in the / 1-6-A United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the U ay of AA 2013, addressed to the following: David B. Dowling, Esquire Rhoads and Sinon, LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFLE, STEWART &WEIDNER By: John A. Statler, Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Jesse G. Harrison j,F THE PPOTHONO lAR Johnson, Duffie, Stewart&Weidner 2013 MAY 10 PM !: 43 By: John A. Statler, Esquire CUMBERLAND COUNTY I.D. No. 43812 PENNS ycLVAjqVAfor Defendant 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas @jdsw.com CHRISTYLEE PECK and PATRICK S. CAWLEY, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 12-4187 CIVIL TERM JESSE G. HARRISON, Defendant JURY OF 12 PERSONS DEMANDED PRAECIPE TO FILE CERTIFICATE OF SERVICE OF RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on May 7, 2013 and served on the date reflected on the attached Certificate of Service. JOH FFIE, STEWART &WEIDNER By: John A. Statler, uire Attorney I.D. No. 438 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 / Attorneys for Defendant Jesse G. Harrison DATE:: S/ 8 //3 555021 22740-3111 CHRISTYLEE PECK and PATRICK S. CAWLEY, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 12-4187 CIVIL TERM JESSE G. HARRISON, Defendant JURY OF 12 PERSONS DEMANDED CERTIFICATE OF SERVICE HEREBY CERTIFY that I have served a copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on May 7, 2013 upon counsel for Plaintiffs, by depositing same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 8th day of May 2013, addressed to the following: David B. Dowling, Esquire Rhoads and Sinon, LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 JOH N, DUFFIE, STEWAR &WEIDNER By: John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Jesse G. Harrison CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to File Certificate of Service of Rule for Complaint upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the l day of h 2013, addressed to the following: David B. Dowling, Esquire Rhoads and Sinon, LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 JO DUFF E, STEWART &WEIDN By: ER John A. Statler, Es ' Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Jesse G. Harrison CHRISTYLEE PECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION- LAW V. NO, 12-4187 JESSE G. HARRISON, Q� Defendant JURY TRIAL DEMANDED ca C3 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 BAR ASSOCIATION 32 S. Bedford St, Carlisle,PA 17013 (800) 990-9108 or (717) 249-3166 AVISO LISTED HA SIDO DEMANDAD01A EN CORTE Si usted desea defenderse de las dernandas que se presentan rnas adelante en las siguientes paginas, debe tomaraceion dentro de los pro.inos veinte (20) dias despues de la notifr.cacion de esta Demanda y Aviso radicando personalmente o por m.edio de un. abogado Una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentaclas aqui en contra suya. Se le advierte de que si usted falla de tomar action corno se describe anteriormente, el caso puede proceder° sin usted y un fallo por cualquier sutra de dinero reclarnada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede set,dictado en contra suya por la Corte sin mas oviso adicional. Usted puede perder° dinero o propiedad it otros derechos importantes parer usted. USTED DSBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INAIIEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAI'A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROTIEERLE 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 INFORIYIA- CION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN CUMBERLAND COUNTYBAR ASSOCIATION 32 S. Beclford Street Carlisle,PA 17013 (800) 990-9108 or(717) 249-3166 David B.Dowlii1g,Esquire Attorney I.D.No,25452 I South Market Square, l2th Floor P.O.Box 1146 Harrisbtirg,PA 17108-1146 (717)233-5731 Altorneysfoi-Plaintiff Christylee Peck CHRISTYLEE PECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL ACTION-LAW JESSE G.HARRISON, Defendant JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiff, Christylee Peck, by her attorneys, Rhoads & Sinon, LLP, and files the within Complaint as follows: PARTIES 1 Plaintiff Christylee Peck is an adult individual who resides at 2154 Chestnut Street, Cumberland County, Canip Hill, Pennsylvania 17011. 2. Defendant Jesse G, Harrison is an adult individual who resides at 2154 Newville Road, Apt. A, Cumberland County, Carlisle,Pennsylvania 17015. VENUE 3. Venue is proper is Cumberland County in that the accident giving rise to this litigation occurred in Cumberland County. FACTUAL BACKGROUND 4. The avernients of paragraphs I through 3 are incorporated herein by reference. _ 5. On August 6, 2010, at approximately 5:23 p.m., Plaintiff, Christylee Peck was operating her 2007 Acura sedan, proceeding in the left lane of East High Street in Carlisle, proceeding in a westerly direction. 6. After Plaintiff proceeded through the intersection at West Louther Street, her vehicle was violently struck in the rear by a vehicle operated by Defendant Jesse G, Harrison ("Defendant Harrison"), who was traveling on High Street, 7. The collision occurred more than halfway between West Louther Street and the next intersection. 8. The collision occurred due to Defendant Harrison's inattentiveness to the roadway,negligence, and carelessness as described herein. Immediately following the collision, Defendant Harrison spoke to Plaintiff Christylee Peck and said, "I'm sorry I was looking at my radio, and wasn't paying attention." 9. As a direct and proximate result of the conduct of Defendant Harrison, as described herein, Plaintiff Christylee Peck suffered physical and personal injuries, including the following: (a) A neck and back injury when her head snapped forward and then back from the impact of the rear end collision; and (b) An injury to C5-6,resulting in a herniated disc. 10. The injuries suffered in the accident have caused Plaintiff Christylee Peck to suffer neck and back pain radiating into both shoulders, Stiffness and low back pain and discomfort which has caused a decrease in strength, mobility, difficulty sleeping, as well as muscle spasms in her back,neck and shoulders and pain and numbness into the right arm and on- going chronic neck pain. 2 11. Treatment for her injuries, caused by the Defendant, consisted of physical therapy, massage therapy for continuing stiffness, ongoing pain management, treatment with an orthopedic stirgeon, and ongoing treatment. 12. As a direct and proximate result of the injuries described herein, Plaintiff Christylee Peck suffered and continues to suffer persistent stiffness, pain and discomfort as described in paragraphs 9 through 11 and has required ongoing treatment, all to her detriment and loss, which are claimed as damages. 13. As a direct and proximate result of the injuries described herein, Plaintiff Christylee Peck has been unable to enjoy the usual activities of life of a physically active individual of her age, and has suffered a loss of enjoyment of life, loss of happiness, pain, suffering and emotional upset. 14. As a direct and proximate result of the injuries sustained,Plaintiff Christylee Peck is at risk for future medical complications and may, in the future, stiffer additional medical symptoms, expenses, losses and damages, including, pain, suffering,. emotional upset and loss of life's pleasures,which are claimed as damages. COUNT I CHRISTYLEE PECK v. JESSE G. HARRISON (NEGLIGENCE? 15. The averments of paragraphs I through 14 are incorporated herein by reference. 16, The negligence and carelessness of Defendant Harrison consisted of the following acts and omissions which are to be read in conjunction with paragraphs 1 through 14: (a) Operating his motor vehicle too fast for conditions; (b) Operating his inotor vehicle in violation of the assured clear distance rule; 3 (c) Colliding with the rear of the Peck vehicle; (d) Operating a motor vehicle in violation of the rights, safety and position of the Peek vehicle; (e) Failing to operate his motor vehicle in such a fashion as to avoid striking the Peck vehicle; and (f) Failing to apply his brakes prior to impacting with the Peck vehicle. 17. The negligence of the Defendant caused the injuries to Plaintiff as described herein. WHEREFORE, Plaintiff Christylee Peck demands judgment against the Defendant Harrison in an amount which exceeds the amount requiring compulsory arbitration,together with interest, medical costs and expenses, pain and suffering, costs of suit, delay damages, and all other damages,both economic and noneconomic, allowed by Pennsylvania law. RROAD SINON LLP IOA S'No"" LLP avid B. Dowling I Market Sq1 ' I One South Market Sqr., I Floor P. O. Box 1146 urg, Harrisburg,PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff Date: July 2, 2013 4 VERIFICATION I hereby affirm that the following facts in the Complaint are correct: I am the Plaintiff herein. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of my lawsuit. The language of the Complain! is tbat of c.ounsel and.:not of me. T have read the Coinp!aint ^'d, to- the extent that the Complaint is based on information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. § 4904,relating to unsworn falsification to authorities. / Dated: Christyle Peck � `� j --� CERTIFICATE OF SERVICE I hereby certify that on this day of June, 2013, a true and correct copy of the foregoing"Complaint"was served by means of United States mail, first class,postage prepaid, upon the following, Jolin A. Statler, Esquire Johnson,Duffie, Stewart& Weidner,P.C. 301 Market Street P.O. Box 109 Lemoyne,PA 17043-0109 y Ta'ri Johnson, Duffie, Stewart&Weidner CUMBERLAND COUNTY John A. Statler, Esquire I.D. No. 43812 Attorneys for Defendant 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jas @jdsw.com CHRISTYLEE PECK and PATRICK S. CAWLEY, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 12-4187 CIVIL TERM JESSE G. HARRISON, Defendant JURY OF 12 PERSONS DEMANDED NOTICE TO PLEAD TO: CHRISTYLEE PECK and PATRICK S. CAWLEY, Plaintiffs c/o DAVID B. DOWLING, ESQUIRE Rhoads & Sinon, LLP 1 South Market Square, 12th Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Plaintiffs YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART &WEIDNER By s kt- John A. 81atler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 // ?? DATE: Attorneys for Defendant Jesse Harrison Johnson, Duffle, Stewart&Weidner By:John A. Statler, Esquire 1.D. No. 43812 Attorneys for Defendant 320 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717)761-4540 jas@jdsw.com CHRISTYLEE PECK and PATRICK S. CAWLEY, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 12-4187 CIVIL TERM JESSE G. HARRISON, Defendant JURY OF 12 PERSONS DEMANDED ANSWER OF DEFENDANT JESSE G. HARRISON TO PLAINTIFFS' COMPLAINT INCLUDING NEW MATTER AND NOW, comes Defendant Jesse G. Harrison, by his attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who file the following Answer and New Matter in response to the Plaintiffs' Complaint: 1 Admitted. 2. It is admitted that Defendant Jesse Harrison is an adult individual. Mr. Harrison's current address is 225 South Hanover Street, Apartment C, Carlisle, PA 17103. 3. Admitted. 4. Defendant incorporates by reference his answers to the averments in paragraphs I through 3 of the Plaintiffs' Complaint as if set forth at length. 5. It is admitted that on August 6, 2010 at approximately 5:23 p.m. Christylee Peck was operating a 2007 Acura on East High Street in Carlisle. By way of further answer, it is averred that the Plaintiff was proceeding in an easterly direction initially in the right lane of East High Street and then in the left lane of East High Street. 6. It is admitted that the vehicle operated by Defendant Jesse Harrison struck the rear of the vehicle operated by the Plaintiff while both vehicles were traveling on East High Street. 7. It is admitted that the collision occurred on East High Street near the 100 block, The balance of the averments are denied. 8. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the collision occurred due to Defendant Harrison's inattentiveness to the roadway, negligence and carelessness. By way of further answer, Defendant is without information sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 9. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, denies the same and demands strict proof at time of trial if deemed material. 10. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiffs alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, denies the same and demands strict proof at time of trial if deemed material. 11. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, denies the same and demands strict proof at time of trial if deemed material. 12. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, denies the same and demands strict proof at time of trial if deemed material, 13. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, denies the same and demands strict proof at time of trial if deemed material. 14. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, denies the same and demands strict proof at time of trial if deemed material. COUNT I CHRISTYLEE PECK v. JESSE G. HARRISON (Negligence) 15. Defendant incorporates by reference his answers to the averments in paragraphs 1 through 14 of the Plaintiffs' Complaint as if set forth at length. 16. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Harrison was negligent and careless and denied that he: a. operated his motor vehicle too fast for conditions; b. operated his motor vehicle in violation of the assured clear distance rule; C. was negligent in colliding with the rear of the Peck vehicle; d. operated a motor vehicle in violation of the rights, safety and position of the Peck vehicle; e. failed to operate his motor vehicle in such a fashion as to avoid striking the Peck vehicle; and f. failed to apply his brakes prior to impacting with the Peck vehicle, 17. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Defendant was negligent and, therefore, denied that any negligence of the Defendant caused any injuries to the Plaintiff as described herein. By way of further answer, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, denies the same and demands strict proof at time of trial if deemed material. WHEREFORE, Defendant Jesse Harrison respectfully requests that the Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant Harrison and against the Plaintiff in this case. NEW MATTER By way of additional answer and reply, Defendant Jesse Harrison raises the following New Matters: 18. Some 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 Responsibility Law, 75 Pa. C.S.A. §1701 and especially by §1722 of that law. 19. To the extent that the Plaintiff has been paid or will be paid for some or all of her damages by insurance, group contract or other arrangement for payment, then claims for those damages are barred by the defense of payment and by §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. Discovery may reveal that some or all of the Plaintiff's medical conditions or symptoms preexisted the date of the subject accident and were not caused or aggravated by the accident. 21. Discovery may reveal that some or all of the Plaintiff's medical conditions or symptoms were caused or aggravated by incidents or events that occurred subsequent to the date of the subject accident. WHEREFORE, Defendant Jesse Harrison respectfully requests that the Plaintiff's Complaint be dismissed and that judgment be entered in his favor and against the Plaintiff in this case. JOHNSON, DUFFIE, STEWART&WEIDNER By: John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Jesse Harrison DATE: f zrs 13 569824 22740-3111 VERIFICATION I, JESSE G. HARRISON, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. 1 understand that any false statements herein are made subiect_to penalties of 18 -Pa. C.S. §4904, relating to unsworn falsification to authorities. SSE . HARRISON DATE: Z �� CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer of Defendant Jesse G. Harrison to Plaintiffs' Complaint Including New Matter upon all parties or counsel of record by depositing a copy of same in the- United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on theO e day of �%1 - 2013, addressed to the following: David B. Dowling, Esquire Rhoads and Sinon, LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART &WEIDNER B : Christine M. Gall Q her 4 David B.Dowling,Esquire 0; I-�11 r ,� � iQ �� �� Attorney I.D.No.25452 RHOADS&SINON LLP 20 1 3 AUG 22 AM I-, ! 2 One South Market Square, 12 Floor P.O.Box 1146 CUMBERLAND COUNT'-` Harrisburg,PA 17108-1146 PENNSYLVANIA Phone:{717}233-5731 Email: ddowlingArhoads-sinon.com Attorneys for Plaintiff, Christylee Peck CHRISTYLEE PECK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 12-4187 JESSE G. HARRISON, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT JESSE G. HARRISON NOW COMES, Plaintiff, Christylee Peck, by and through her Attorneys, Rhoads & Sinon LLP, and files the within "Plaintiff's Reply to New Matter of Defendant Jesse G. Harrison", and avers the following: 1-17. The allegations set forth in Plaintiff's Complaint 1 through 17 are incorporated herein by reference. REPLY TO NEW MATTER 18-21. The allegations contained in Defendant's New Matter, paragraphs 18 through 21 are conclusions of law to which no response is required. In the event and to the extent any allegation is deemed to be factual, it is specifically denied and strict proof is demanded at time of trial. In addition, the allegations constitute vague, non-specific boilerplate allegations for which there is no factual or legal support and,therefore,they should be stricken. 589$75.1 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in her favor and dismiss Defendant Jesse G. Harrison's New Matter. Respectfully submitted, RHOADS INON LLP By: . 6%'Wling, Esquire Attorney I.D. No. 25452 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 ,4ttorneysfor Plaintiff Date: August 21, 2013 -2 - h y CERTIFICATE OF SERVICE I hereby certify that on this `� day of August, 2013, a true and correct copy of the foregoing. "Plaintiffs Reply to New Matter of Defendant Jesse G. Harrison" was served by means of United States mail, first class,postage prepaid, upon the following: John A. Statler, Esquire Johnson, Duffie, Stewart&Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 And via email: JASgjdsw.com • CHRISTYLEE PECK and ) IN THE COURT OF COMMON PLEAS PATRICK S. CAWLEY, : OF CUMBERLAND COUNTY, PA Plaintiffs vs. JESSE G. HARRISON, : CIVIL ACTION - LAW Defendant ) NO. CV-12-4187 rtl QED cr, c_3 PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCES---- Za c, TO THE PROTHONOTARY: Please withdraw the appearance of JOHN A. STATLER, ESQ. , JOHNSON, DUFFIE, STEWART & WEIDNER, on behalf of JESSE C. HARRISON, the Defendant in the above captioned case and enter the Appearance of ROBERT J. MENAPACE, ESQ. , on behalf of JESSE G. HARRISON in the above captioned case. Please send all future correspondence and documents to the following address : Robert J. Menapace, Esq. , P.O. Box 556, Sunbury, PA 17801-2140 . /o - 11 -_�3 DATE JOHN A. STATLER, ES• DATE RIFER J. MENAPACE I Q. • CERTIFICATE OF SERVICE I, ROBERT J. MENAPACE, ESQ. , do hereby certify that I have served a copy of the foregoing Praecipe for Withdrawal and Entry of Appearance upon the following by depositing the same in the United States Mail, postage prepaid, at Sunbury, Pennsylvania, this /0/41 day of October, 2013 : John A. Statler, Esq. Johnson, Duffie, Stewart & Weidner, PC 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 David B. Dowling, Esq. Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Plaintiff ROB . MENAPACE, SQ. I . D. #36029 62 N Front Street, ` . • . Box 556 Sunbury, PA 17801-2140 (570) 286-6500 Counsel for Jesse G. Harrison , . I _ " .'-- NOCOUNT'it 'Ti'il. Jil..VA CHRISTYLEE PECK and ) IN THE COURT OF COMMON PLEAS PATRICK S . CAWLEY, : OF CUMBERLAND COUNTY, PA Plaintiffs vs . • • JESSE G. HARRISON, : CIVIL ACTION - LAW Defendant ) NO. CV-12-4187 OBJECTIONS TO SUBPOENA(S) PURSUANT TO RULE 4009 .21 ( .w.... ._{..4 di, (party) objects to the proposed subpoena that is attached to these objections for the following reasons : Plaintiff's records have been provided to former counsel. In addition, the records may only be acquired upon written consent of the Plaintiff or a method of discovery authorized by the Rules of Civil Procedure. Date : (A 1 CHRISTYLEE PECK and ) IN THE COURT OF COMMON PLEAS PATRICK S. CAWLEY, : OF CUMBERLAND COUNTY, PA Plaintiffs • vs . JESSE G. HARRISON, : CIVIL ACTION - LAW Defendant ) NO. CV-12-4187 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: RECORDS CUSTODIAN OF HOLY SPIRIT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents and things: any and all records from August 6, 2005 to date concerning CHRISTYLEE PECK, 2154 Chestnut Street, Camp Hill, PA 17011, DOB: 12/25/74 . At 62 North Front Street, P.O. Box 556, Sunbury, PA 17801 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT J. MENAPACE, ESQ. ADDRESS: P.O. BOX 556, SUNBURY, PA 17801 TELEPHONE: 570-286-6500 SUPREME COURT ID #36029 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary DATE: Seal of the Court Deputy CHRISTYLEE PECK and ) IN THE COURT OF COMMON PLEAS PATRICK S . CAWLEY, : OF CUMBERLAND COUNTY, PA Plaintiffs • vs . JESSE G. HARRISON, : CIVIL ACTION - LAW Defendant ) NO. CV-12-4187 SUBPOENA e '-• UCE DOCUMENTS O THINGS FO: • SCOVERY PURSUANT TO RULE 4009.22 TO: RECORDS USTODIAN OF GOOD HOPE FAMILY PHYSICIANS 1830 Go'.d Hope Road Enola, •A 17025 Within twenty 4 days after service of this subpoena, you are ordered by the court to pro•uce t e o • uments and things: any and all records from August 6, 2005 to date concer CHRISTYLEE PECK, 2154 Chestnut Street, Camp Hill, PA 17011, DOB: 12/25 At 62 North Front Street, P.O. Box 556, Sunbury, PA 17801 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT J. MENAPACE, ESQ. ADDRESS: P.O. BOX 556, SUNBURY, PA 17801 TELEPHONE: 570-286-6500 SUPREME COURT ID #36029 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary DATE : Seal of the Court Deputy CHRISTYLEE PECK and ) IN THE COURT OF COMMON PLEAS PATRICK S. CAWLEY, : OF CUMBERLAND COUNTY, PA Plaintiffs vs. • JESSE G. HARRISON, : CIVIL ACTION - LAW Defendant ) NO. CV-12-4187 SUBPOENA TO PRODUCE—DOCUMENTS OR THINGS-- FOR DISCO RY—F—URSUANT TO RULE 4009.22 TO: RECORDS CUSTOD • OF CONFORTI PHYSICAL THERAPY and FITNESS CENTER // 110 North 7th Street Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents and things: any and all records from August 6, 2005 to date concerning CHRISTYLEE PECK, 2154 Chestnut Street, Camp Hill, PA 17011, DOB: 12/25/74 . At 62 North Front Street, P.O. Box 556, Sunbury, PA 17801 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT J. MENAPACE, ESQ. ADDRESS : P.O. BOX 556, SUNBURY, PA 17801 TELEPHONE: 570-286-6500 SUPREME COURT ID #36029 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary DATE: Seal of the Court Deputy CHRISTYLEE PECK and ) IN THE COURT OF COMMON PLEAS PATRICK S. CAWLEY, : OF CUMBERLAND COUNTY, PA Plaintiffs vs . • JESSE G. HARRISON, : CIVIL ACTION - LAW Defendant ) NO. CV-12-4187 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY--PURSUANT TO RULE,4009.22 TO: RECORDS CUSTODI OF TIAN SHI ACUPUNCTURE 4055 Linglestown Road Harrisburg, PA 17 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents and things: any and all records from August 6, 2005 to date concerning CHRISTYLEE PECK, 2154 Chestnut Street, Camp Hill, PA 17011, DOB: 12/25/74 . At 62 North Front Street, P.O. Box 556, Sunbury, PA 17801 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT J. MENAPACE, ESQ. ADDRESS: P.O. BOX 556, SUNBURY, PA 17801 TELEPHONE: 570-286-6500 SUPREME COURT ID #36029 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary DATE: Seal of the Court Deputy CHRISTYLEE PECK and ) IN THE COURT OF COMMON PLEAS PATRICK S. CAWLEY, : OF CUMBERLAND COUNTY, PA Plaintiffs • vs . • JESSE G. HARRISON, : CIVIL ACTION - LAW Defendant ) NO. CV-12-4187 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: RECORDS CUSTODIAN OF ARLINGTON ORTHOPEDICS 805 Sir Thomas Court Harrisburg, PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents and things: any and all records from August 6, 2005 to date concerning CHRISTYLEE PECK, 2154 Chestnut Street, Camp Hill, PA 17011, DOB: 12/25/74 . At 62 North Front Street, P.O. Box 556, Sunbury, PA 17801 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT J. MENAPACE, ESQ. ADDRESS: P.O. BOX 556, SUNBURY, PA 17801 TELEPHONE: 570-286-6500 SUPREME COURT ID #36029 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary DATE : Seal of the Court Deputy CHRISTYLEE PECK and ) IN THE COURT OF COMMON PLEAS PATRICK S. CAWLEY, : OF CUMBERLAND COUNTY, PA Plaintiffs • vs . JESSE G. HARRISON, : CIVIL ACTION - LAW Defendant ) NO. CV-12-4187 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: RECORDS CUSTODIAN OF FACE FORWARD 257 Penrose Plaza Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents and things: any and all records from August 6, 2005 to date concerning CHRISTYLEE PECK, 2154 Chestnut Street, Camp Hill, PA 17011, DOB: 12/25/74 . At 62 North Front Street, P.O. Box 556, Sunbury, PA 17801 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT J. MENAPACE, ESQ. ADDRESS: P.O. BOX 556, SUNBURY, PA 17801 TELEPHONE: 570-286-6500 SUPREME COURT ID #36029 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary DATE: Seal of the Court Deputy CHRISTYLEE PECK and ) IN THE COURT OF COMMON PLEAS PATRICK S . CAWLEY, : OF CUMBERLAND COUNTY, PA Plaintiffs • vs . JESSE G. HARRISON, : CIVIL ACTION - LAW Defendant ) NO. CV-12-4187 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: RECORDS CUSTODIAN OF ERIE INSURANCE EXCHANGE Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents and things: entire file concerning all first party benefits paid to or on behalf of CHRISTYLEE PECK, 2154 Chestnut Street, Camp Hill, PA 17011, DOB: 12/25/74, Policy #Q09 3011049H, including but not limited to the entire contents of her first party insurance benefit file, application for benefits and medical records. THIS REQUEST INCLUDES THE DECLARATION SHEET, MEDICAL AND WAGE LOSS PAYMENT LOGS AND ACTUAL DUPLICATES OF ALL PHOTOGRAPHS AND/OR A CD CONTAINING THE PHOTOGRAPHS OF THE ACCIDENT SCENE AND VEHICLES. At 62 North Front Street, P.O. Box 556, Sunbury, PA 17801 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ROBERT J. MENAPACE, ESQ. ADDRESS: P.O. BOX 556, SUNBURY, PA 17801 TELEPHONE: 570-286-6500 SUPREME COURT ID #36029 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary DATE: Seal of the Court Deputy CHRISTYLEE PECK and ) IN THE COURT OF COMMON PLEAS PATRICK S . CAWLEY, : OF CUMBERLAND COUNTY, PA Plaintiffs vs . JESSE G. HARRISON, : CIVIL ACTION - LAW Defendant ) NO. CV-12-4187 NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009 .21 Defendant intends to serve subpoenas identical to the ones that are attached to this Notice . You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas . If no objection is made, the subpoenas may be served. October 24 , 2013 ROBERT J. MENL 'ACE ESQ. , I .D. #36029 62 N. Front S. --t, P.O. Box 556 Sunbury, PA 17801-2140 (570) 286-6500 Attorney for Defendant CHRISTYLEE PECK and PATRICK S. CAWLEY, Plaintiffs, v. JESSE G. HARRISON, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. CV-12-4187 : CIVIL ACTION - LAW Defendant. : JUDGE ASSIGNED: CLARK, S.J. ORDER AND NOW, to wit, this 23rd day of April, 2014, in compliance with the recent Order of the Chief Justice of the Commonwealth concerning the above-captioned matter, The Honorable Lawrence F. Clark, Jr., Senior Judge, has been designated and assigned to handle all further proceedings in this case. The parties and their counsels are directed to fully comply with all Orders and any other directives pertaining to this case as may issue from Judge Clark. Cumberland County Court Administration is directed to provide whatever resources and facilities that may be required by Judge Clark for the conduct of these proceedings. All court-related offices of Cumberland County are likewise directed to comply with any Orders issued by Judge Clark pertaining to any collateral matters associated with this case. ISSUED AT CARLISLE, the date first above written. BY THE COURT: Kevin Hess, President Judge Mr Distribution: — � Cfl 9! agAr The Honorable Lawrence F. Clark, Jr., Senior Judge Cumberland County Common Pleas Judges Cumberland County Court Administration Cumberland County Prothonotary Cumberland County Sheriff David B. Dowling, Esquire; Counsel for Plaintiffs, Rhoads & Sinon LLP, One South Market Square, 12th Floor, P.O. Box 1146, Harrisburg, PA 17108 -1146 Robert J. Menapace, Esquire; Counsel for Defendant, 62 North Front Street, P.O. Box 556, Sunbury, PA 17801 -2140 FILE CHRISTYLEE PECK and PATRICK S. CAWLEY, Plaintiffs, v. JESSE G. HARRISON, : IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, PA • . NO. CV -12-4187 : CIVIL ACTION — LAW Defendant. JUDGE ASSIGNED: CLARK, S.J. ORDER AND NOW, to wit, this 7" day of May, 2014, after a review of the discovery matters in dispute between the parties, the Court finds that a Discovery Conference between the Court and counsel for the parties may be beneficial in resolving such situation. THEREFORE, IT IS HEREBY ORDERED that a Discovery Conference shall be held on Thursday, the 15" day of May, 2014, at 2:30 PM, in Conference Room Number 2 (C-2) located on the Second Floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel of record for both parties are directed to personally attend said Conference. Counsel shall likewise assure that their respective clients are available by telephone if the need for consultation should arise. ISSUED AT CARLISLE, the date first above written. - L;c. epi CD c5 Q • •I CC mw BY THE COURT: 4020x-r_t 01.1 rence F. Clark, Jr. io Judge Distribution: Cumberland County Common Pleas Judges Cumberland County Court Administration Cumberland County Prothonotary Cumberland County Sheriff Senior Judge Clark David B. Dowling, Esquire; Counsel for Plaintiffs, Rhoads & Sinon LLP, One South Market Square, 12th Floor, P.O. Box 1146, Harrisburg, PA 17108-1146 -bert J. Menapace, Esquire; Counsel for Defendant, 62 North Front Street, P.O. Box 556, Sunbury, PA 17801-2140 FILE CorEs rn.u(recL