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HomeMy WebLinkAbout13-3322 Supreme Co' ennsylvania COur Cooi!nm o leas For Prothonotary Use Only: � C . 1� lamer Docket No: Cu r ari County / 1A The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. r - Commencement of Action: S 0 Complaint D Writ of Summons ® Petition © Transfer from Another Jurisdiction ® Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C T Marita Kelly Jermaine Walker I Are money damages requested? 0 Yes 0 No Dollar Amount Requested: ®within arbitration limits Q x? (check one) outside arbitration limits � N Is this a Class Action Suit? Q Yes 0 No Is this an MDJAppeal? 12 Yes X; No A Name of Plaintiff /Appellant's Attorney: Zachary D. Campbell, Esquire Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) I Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. r — TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional Q Buyer Plaintiff Administrative Agencies © Malicious Prosecution © Debt Collection: Credit Card [3 Board of Assessment 0 Motor Vehicle ® Debt Collection: Other 0 Board of Elections n Nuisance ©i Dept. of Transportation M Premises Liability [3 Statutory Appeal: Other S r-il Product Liability (does not include E mass tort) ® Employment Dispute: Slander/Libel/ Defamation Discrimination C Q Other: [3 Employment Dispute: Other M Zoning Board T © Other: I © Other: 1 0 MASS TORT 0 Asbestos N [3 Tobacco M Toxic Tort - DES ® Toxic Tort - Implant 0 Toxic Waste REAL PROPERTY MISCELLANEOUS ® Other: ® Ejectment 0 Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation M Declaratory Judgment © Ground Rent [3 Mandamus ® Landlord /Tenant Dispute n Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage r ©Mort a e Foreclosure: Commercial rl Quo Warranto © Dental ® Partition 0 Replevin Q Legal M Quiet Title 0 Other: ® Medical ❑J Other: I rl Other Professional: r i Updated I /1/2011 r METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire ,, , r Attorney I.D. No. 68768 Zachary D. Campbell, Esquire (1'UH6E 0 1;,� 1)" T `" Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 -0300 (717) 238 -8187 Attorneys for Plaintiff MARITA KELLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13 33 -A JERMAINE WALKER, ROADWAY CIVIL ACTION - LAW TRANSPORTATION, INC., and ROAD RUNNER TRANSPORTATION, INC., Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Defendants 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 South Bedford Street Carlisle, PA 17013 Telephone: 717- 249 -3166 524757 -1 /(g� s NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717- 249 -3166 524757 -1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 -0300 (717) 238 -8187 Attorneys for Plaintiff MARITA KELLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. JERMAINE WALKER, ROADWAY CIVIL ACTION - LAW TRANSPORTATION, INC., and ROAD RUNNER TRANSPORTATION, INC., Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Marita Kelly, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Marita Kelly, is an adult individual residing at 6114 Piccadilly Court, Harrisburg, Dauphin County, Pennsylvania, 17112. 2. Defendant, Jermaine Walker, is an adult individual with a last known address of 1341723 oth Street, Laurelton, New York, 11413. 3. Defendant, Roadway Transportation, Inc. is a corporation organized and existing under the laws of New York, with a principal place of business at 101 -15 112 Street, Richmond Hill, New York, 11419. 524757 -1 4. Defendant, Road Runner Transportation, Inc. is a corporation organized and existing under the laws of New York, with a principal place of business at 104 -34 108 Street, Richmond Hill, New York, 11419. 5. The facts and circumstances hereinafter set forth occurred on February 24, 2012, at or about 5:40 A.M. on Interstate 83 South, Lemoyne Borough, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, Marita Kelly, was the owner and operator of a 1994 Toyota Corolla bearing Pennsylvania License Plate No. HJS9100. 7. At the aforesaid time and place, Defendant, Jermaine Walker, was the operator of a 2007 Freightliner CST120 tractor trailer bearing New York License Plate No. 21994PB, which tractor was owned by Defendant, Roadway Transportation, Inc. 8. At the aforesaid time and place, based on the information provided by Defendant, Roadway Transportation, Inc., the aforesaid tractor was leased to Defendant, Road Runner Transportation, Inc. 9. At the aforesaid time and place, the vehicle operated by Plaintiff was traveling south, in the right -hand lane of Interstate 83, in Lemoyne Borough, Cumberland County, Pennsylvania. 10. At the aforesaid time and place, the vehicle driven by Defendant, Jermaine Walker, was also traveling south, in the center lane of Interstate 83, in Lemoyne Borough, Cumberland County, Pennsylvania. 11. At the aforesaid time and place, Defendant, Jermaine Walker, moved the tractor trailer from the center lane into the right -hand lane of Interstate 83, striking the vehicle operated by Plaintiff. 524757 -1 COUNT Marita Kelly v. Jermaine Walker 12. Paragraphs 1 through 11 hereof are incorporated herein by reference as if fully set forth. 13. Defendant, Jermaine Walker, owed a duty to Plaintiff, Marita Kelly, and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff in particular. 14. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Jermaine Walker, either individually and /or jointly and severally, in operating the 2007 Freightliner tractor - trailer in a careless and negligent manner as follows: (a) Failing to drive his vehicle in a single lane of travel and moving his vehicle from that lane when not safe to do so in violation of 75 Pa. C.S.A. §3309 and applicable law; (b) Overtaking and passing another vehicle when such movement could not be made with safety in violation of 75 Pa. C.S.A. §3303 and applicable law; (c) Failing to safely pass in violation of 75 Pa. C.S.A. §3303 and applicable law; (d) Failing to safely merge; (e) Driving his vehicle at an unsafe speed under the conditions and hazards existing in violation of 75 Pa. C.S.A. §3361 and applicable law; (f) Operating the tractor trailer in careless disregard for the safety of persons in violation of 75 Pa. C.S.A. §3714 and applicable law; (g) In failing to have his vehicle under proper and adequate control; (h) In failing to operate his vehicle with a higher standard of care as required by a commercial driver; 524757 -1 (i) In failing to apply the brakes in time, to avoid the collision; (j) In failing to observe Plaintiff s vehicle on the highway; (k) In failing to keep a reasonable look -out for other vehicles lawfully on the road; (1) In failing to yield the right -of -way to traffic already upon the highway; (m) In failing to use appropriate signals indicating movement out of the center lane of travel; (n) Moving his vehicle from one traffic lane to another before such movement could be made with reasonable safety in violation of 75 Pa. C.S.A. §3334(a) and applicable law; (o) Failing to signal in any way his movement between lanes; (p) Improperly changing lanes; (q) Operating his vehicle at an excessive rate of speed under the circumstances; (r) In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; (s) Not being familiar with the route of travel or not utilizing proper directions; (t) Failing to give warning to Plaintiff of his impending collision with Plaintiff s vehicle; (u) Failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (v) Failing to pay attention or keep alert for other vehicles on the roadway; (w) Failing to obey traffic control devices in violation of 75 Pa. C.S.A. §3111 and applicable law; (x) In failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid a collision with the vehicle Plaintiff was occupying; (y) Failing to ensure and take precautions that no vehicles were in any blind spots; 524757 -1 (z) In failing to keep the vehicle within the proper lane; (aa) Colliding into Plaintiff's vehicle; (bb) Operating his vehicle at an unsafe speed in violation of Part 392.6 of the U.S. Department of Transportation Federal Motor Carrier Safety Regulation in violation of 49 CFR §392.6; (cc) Failing to comply with the operating rules of Pennsylvania or of the U.S. Department of Transportation Federal Motor Carrier Safety Regulation in violation of 49 CFR §392.2; (dd) Operating his vehicle in an unsafe condition in violation of Part 396.7 of the U.S. Department of Transportation Federal Motor Carrier Safety Regulation in violation of 49 CFR §396.7; (ee) Operating his motor vehicle in an unsafe manner in violation of 69 Pa. Code §229 et sea. and 69 Pa. Code §231 et seq. (ff) Failing to have the knowledge and skills necessary to operate the tractor trailer safely in violation of 49 CFR §383.110; 49 CFR §383.111(a), (b), (c); and 49 CFR §383.113; (gg) Failing to properly maintain and inspect the tractor trailer to ensure it was in a safe operating condition in violation of 49 CFR §396.3 and §396.13. 15. As a direct and proximate result of the collision and the negligent and careless conduct of Defendant, Jermaine Walker, either individually and /or jointly and severally, Plaintiff, Marita Kelly, sustained and in the future may sustain serious and debilitating injuries, some of which are or may be permanent, an aggravation and /or exacerbation of pre- existing conditions, and which include, but are not limited to, the following: (a) Neck pain/injury; (b) Left arm pain/injury; (c) Left shoulder pain/injury; (d) Left hand pain/injury; (e) Contusions; (f) Spasms; (g) Headaches; and (h) Sleep disturbance. 524757 -1 16. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Jermaine Walker, either individually and /or jointly and severally, Plaintiff, Marita Kelly, has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities for which damages are claimed. 17. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Jermaine Walker, either individually and /or jointly and severally, Plaintiff, Marita Kelly, has and /or may in the future incur expenses for medical treatment, surgery and rehabilitation for which damages are claimed. 18. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Jermaine Walker, either individually and /or jointly and severally, Plaintiff, Marita Kelly, has and/or may in the future incur a loss of wages, a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 19. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Jermaine Walker, either individually and /or jointly and severally, Plaintiff, Marita Kelly, sustained incidental costs and losses to include, but not limited to, past and future medication costs, personal property and medical appliances for which damages are claimed. 20. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Jermaine Walker, either individually and /or jointly and severally, 524757 -1 Plaintiff, Marita Kelly, has been or may in the future be scarred and disfigured for which damages are claimed. 21. Plaintiff, Marita Kelly, was insured under a policy of insurance issued by GEICO Indemnity Company bearing policy number 4208- 47 -02 -05 which was in effect on the date of the above - referenced collision. The full tort option was selected. Therefore, Plaintiff, Marita Kelly, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Marita Kelly, demands judgment in her favor and against the Defendant, Jermaine Walker, either individually and/or jointly and severally, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and /or damages for delay and costs for prosecution. COUNT II Marita Kelly v. Roadway Transportation, Inc. 22. Paragraphs 1 through 21 hereof are incorporated herein by reference as if fully set forth. 23. At all times relevant hereto, Defendant, Jermaine Walker, was an employee, servant, workman, contractor and /or agent of Defendant, Roadway Transportation, Inc. and was acting within the scope of his employment, contract or agency with Defendant, Roadway Transportation, Inc. and Defendant, Roadway Transportation, Inc., either individually and /or jointly and severally, is vicariously liable for his acts, commissions or omissions as though it performed the acts, commissions or omissions itself and is subject to the doctrine of respondeat superior. 524757 -1 24. In addition to being vicariously liable for the acts of its employee, servant, workman, contractor and /or agent, Defendant, Roadway Transportation, Inc., was also negligent and careless as follows: (a) Failing to properly train its employees, servants, workmen, contractors and /or agents in the operation of its vehicles; (b) Failing to provide its employees, servants, workmen, contractors and /or agents with proper directions before allowing them to operate its vehicles; (c) Failing to ensure that its employees, servants, workmen, contractors and /or agents are familiar with the roadways and route of travel before allowing them to operate its vehicles; (d) Failing to properly supervise or control its employees, servants, workmen, contractors and /or agents while they are operating its vehicles; (e) Hiring and/or retaining employees, servants, workmen, contractors and /or agents who may be unfit or incompetent to operate its vehicles; (f) Failing to have in place proper procedures, rules, regulations, protocols or safety measures to ensure that other motorists are not endangered by the operation of its vehicles by its employees, servants, workmen, contractors and/or agents; (g) Sending out its employee, servant, workman, contractors and /or agent for an errand or job without proper instructions, directions and guidance; (h) Failing to take proper precautions to protect Plaintiff and other lawful users of the roadway from the negligent and careless actions of its employees, servants, workmen, contractors and /or agents; (i) Failing to use a higher degree of care as a commercial carrier in the operation of its vehicle; (j) Failing to comply with the operating rules of Pennsylvania or of the U.S. Department of Transportation Federal Motor Carrier Safety Regulation in violation of 49 CFR §392.2; (k) Allowing its employees, servants, workmen, contractors and /or agents to operate its vehicle in an unsafe condition in violation of Part 396.7 of the U.S. Department of Transportation Federal Motor Carrier Safety Regulation in violation of 49 CFR §396.7; 524757 -1 (1) Allowing its employees, servants, workmen, contractors and /or agents to operate its vehicle in an unsafe manner in violation of 69 Pa. Code §229 et se___1c . and 69 Pa. Code §231 et sea. (m) Allowing its employees, servants, workmen, contractors and /or agents to drive its tractor when not qualified to do so in violation of 67 Pa. Code §229 et sea. 67 Pa. Code §231 et seq. and 49 CRF §391.11; (n) Allowing its employees, servants, workmen, contractors and /or agents who do not have the knowledge and skills necessary to operate its tractor safely in violation of 49 CFR §383.110; 49 CFR §383.111(a), (b), (c); and 49 CFR §383.113; (o) Failing to properly maintain and inspect the tractor trailer to ensure it was in a safe operating condition in violation of 49 CFR §396.3 and §396.13; and (p) Failing to properly train its employees, servants, workmen, contractors and/or agents on how to safely merge and how to operate its vehicles where there may be blind spots. 25. As a result of the aforesaid negligence and carelessness of Defendant, Roadway Transportation, Inc., either individually and /or jointly and severally, Plaintiff, Marita Kelly, sustained the aforesaid damages. WHEREFORE, Plaintiff, Marita Kelly, demands judgment in her favor and against the Defendant, Roadway Transportation, Inc., either individually and /or jointly and severally, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. COUNT III Marita Kelly v. Road Runner Transportation, Inc. 26. Paragraphs 1 through 25 hereof are incorporated herein by reference as if fully set forth. 524757 -1 27. At all times relevant hereto, Defendant, Jermaine Walker, was an employee, servant, workman, contractor and /or agent of Defendant, Road Runner Transportation, Inc. and was acting within the scope of his employment, contract or agency with Defendant, Road Runner Transportation, Inc. and Defendant, Road Runner Transportation, Inc., either individually and /or jointly and severally, is vicariously liable for his acts, commissions or omissions as though it performed the acts, commissions or omissions itself and is subject to the doctrine of respondeat superior. 28. In addition to being vicariously liable for the acts of its employee, servant, workman, contractor and /or agent, Defendant, Road Runner Transportation, Inc., was also negligent and careless as follows: (a) Failing to properly train its employees, servants, workmen, contractors and/or agents in the operation of its vehicles; (b) Failing to provide its employees, servants, workmen, contractors and /or agents with proper directions before allowing them to operate its vehicles; (c) Failing to ensure that its employees, servants, workmen, contractors and /or agents are familiar with the roadways and route of travel before allowing them to operate its vehicles; (d) Failing to properly supervise or control its employees, servants, workmen, contractors and/or agents while they are operating its vehicles; (e) Hiring and /or retaining employees, servants, workmen, contractors and/or agents who may be unfit or incompetent to operate its vehicles; (f) Failing to have in place proper procedures, rules, regulations, protocols or safety measures to ensure that other motorists are not endangered by the operation of its vehicles by its employees, servants, workmen, contractors and /or agents; (g) Sending out its employee, servant, workman, contractors and /or agent for an errand or job without proper instructions, directions and guidance; 524757 -1 (h) Failing to take proper precautions to protect Plaintiff and other lawful users of the roadway from the negligent and careless actions of its employees, servants, workmen, contractors and/or agents; (i) Failing to use a higher degree of care as a commercial carrier in the operation of its vehicle; (j) Failing to comply with the operating rules of Pennsylvania or of the U.S. Department of Transportation Federal Motor Carrier Safety Regulation in violation of 49 CFR §392.2; (k) Allowing its employees, servants, workmen, contractors and /or agents to operate its vehicle in an unsafe condition in violation of Part 396.7 of the U.S. Department of Transportation Federal Motor Carrier Safety Regulation in violation of 49 CFR §396.7; (1) Allowing its employees, servants, workmen, contractors and /or agents to operate its vehicle in an unsafe manner in violation of 69 Pa. Code §229 et sec._ and 69 Pa. Code §231 et seq. (m) Allowing its employees, servants, workmen, contractors and /or agents to drive its tractor when not qualified to do so in violation of 67 Pa. Code §229 et sea. 67 Pa. Code §231 et sea. and 49 CRF §391.11; (n) Allowing its employees, servants, workmen, contractors and/or agents who do not have the knowledge and skills necessary to operate its tractor safely in violation of 49 CFR §383.110; 49 CFR §383.11 l(a), (b), (c); and 49 CFR §383.113; (o) Failing to properly maintain and inspect the tractor trailer to ensure it was in a safe operating condition in violation of 49 CFR §396.3 and §396.13; and (p) Failing to properly train its employees, servants, workmen, contractors and /or agents on how to safely merge and how to operate its vehicles where there may be blind spots. 29. As a result of the aforesaid negligence and carelessness of Defendant, Road Runner Transportation, Inc., either individually and /or jointly and severally, Plaintiff, Marita Kelly, sustained the aforesaid damages. 524757 -1 WHEREFORE, Plaintiff, Marita Kelly, demands judgment in her favor and against the Defendant, Road Runner Transportation, Inc., either individually and /or jointly and severally, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and /or damages for delay and costs for prosecution. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Cr Vere, Esquire Attorney I.D. No. 68768 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110 -0300 (717) 238 -8187 Dated: Attorneys for Plaintiff i 524757 -1 VERIFICATION I, Marita Kelly, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, 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 content of the Complaint is that of counsel, I have relied upon such 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.A. §4904 relating to unworn falsification to authorities. M to Kelly Dated: � � � ' ��� 524757 -1 ZARWIN, BAUM, DeVITO, KAPLAN SCHAER& TODDY, P.C. BY: BRYAN P. WERLEY, ESQUIRE Attorney for Defendants, I.D. #: 93150 Jermaine Walker, Roadway 1818 Market Street, 13thFloor Transportation, Inc., and Philadelphia, PA 19103 Road Runner Transportation, Inc. Phone: (215) 569-2800 Fax: (215)569-1606 MARITA KELLY : COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA VS. • 13 JERMAINE WALKER, ROADWAY : NO..4-2-3322 TRANSPORTATION, INC. AND ROAD : RUNNER TRANSPORTATION, INC. : CIVIL ACTION—LAW v ` Cn ENTRY OF APPEARANCE M r 3o TO THE PROTHONOTARY: — CD , . Kindly enter my appearance on behalf of Defendants, Jermaine Walker, Roadway Transportation, Inc. and Road Runner Transportation, Inc. in the above-captioned matter. DEMAND FOR A JURY TRIAL BY A JURY OF TWELVE MEMBERS Defendants, by its undersigned attorney, hereby requests trial by a jury of twelve members. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAE DD , P . Dated: July 11, 2013 By: ;__ BRY . WERLE SQUIRE Attorney for Defendants ZARWIN, BAUM, DeVITO, KAPLAN SCHAER&TODDY, P.C. BY: BRYAN P. WERLEY, ESQUIRE Attorney for Defendants, I.D. #: 93150 jermaine Walker,Roadway 1818 Market Street, 13th Floor Transportation, Inc., and Philadelphia,PA 19103 Road Runner Transportation,Inc. Phone: (215) 569-2800 Fax: (215)569-1606 MARITA KELLY : COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA VS. JERMAINE WALKER, ROADWAY : NO. 12-3322 TRANSPORTATION, INC. AND ROAD : RUNNER TRANSPORTATION, INC. : CIVIL ACTION—LAW CERTIFICATION OF SERVICE I hereby certify that service of a true and correct copy of the within Entry of Appearance and Demand for Jury Trial was made on the 11 th day of July, 2013, via United States first class mail, postage prepaid to: Zachary D. Campbell, Esquire Metzger, Wickersham, P.C. 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 ZARWIN, BAUM, DeVITO, KAPLAN SCHAE TODDY, P.C. Date: July 11, 2013 BY: i3RYA' PYERLEY, ESQUIRE Attorney Defendants c : METZGER, WICKERSHAM, P.C. h „0 By: Clark DeVere, Esquire fly Attorney I.D. No. 68768 UL fin/1: Zachary D. Campbell, Esquire �"C�I"ERL A Fd D Coljj Attorney I.D. No. 93177 PENN jS YL.VA NI A 7} 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Plaintiff MARITA KELLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13-3322 JERMAINE WALKER, ROADWAY CIVIL ACTION - LAW TRANSPORTATION, INC., and ROAD RUNNER TRANSPORTATION, INC., Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Zachary D. Campbell, Esquire, counsel for Plaintiff, Marita Kelly, in the above captioned action, hereby certifies that a true and correct copy of the Complaint was served upon Defendant, Road Runner Transportation, Inc., on June 13, 2013 at 10:29 a.m. in the manner set forth in the Affidavit of Service prepared by Taylor Lazarus, Process Server of LegalEase, Inc. which is attached hereto and incorporated herein by reference as Exhibit"A". This Affidavit is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 528338-1 METZGER, WICKERSHAM, KNAUSS &ERB, P.C. By: lzu(�Ld Xw.Ar)ID. Campbell, Esquire Attorney ID No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff Dated: 7 1Z. 13 528338-1 r �/ IN THE COURT OF COMMON PLEAS OF Job#: 13094 CUMBERLAND COUNTY, PENNSYLVANIA Attorney-. Metzger,Wickersham,Knauss&Erb,P.C.PH:(717)238-8187 Address:3211 North Front St.,POB 5300 Harrisburg,PA 17110-0300 - Marita Kelly Civil Number: 13-3322 VS plaintiff Date Filed: Jermaine Walker,et al. Client's File No.: Defendants Court Date: ........... .......... ----------- STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: AFFIDAVIT OF SERVICE Taylor Lazarus,being sworn says: Deponent is not a party herein;is over the age of 18 years and resides in the State of New York. On 6/13/2013, at 10:29 AM at: 104-34 108th Street Richmond Hill, NY 11419 Deponent served the within Notice to Defend and Complaint On:Road Runner Transportation,Inc., Defendant therein named, ❑ #1 INDIVIDUAL By delivering a true copy of each to said recipient personally;Deponent knew the person so served to be the person described in as said recipient therein. ❑ #2 SUITABLE AGE PERSON By delivering thereat a true copy of each to ()a person of suitable age and discretion.Said premises is recipient's:[]actual place of business employment []dwelling house(usual place of abode)within the state. ❑ #3 AFFIXING TO DOOR By affixing a true copy of each to the door of said premises which is defendants 11 actual place of business/employment a dwelling house(usual place of abode)within the state.Deponent was unable with due diligence to find defendant or person of suitable age and discretion thereat having called there #4 Corporation or Partnership or Trust or LLC By delivering thereat a true copy of each to Ashraf Ali personally.Deponent knew said corporation/partnership/trust/LLC so served to be the corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be Designated Agent thereof. ❑ #5 MAILING On,deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant's last known[X]Actual Place of Residence[]Actual Place of Business, and deposited the envelope in an official depository,personally or via agency,under the exclusive care and custody of the U.S.Postal Service within New York State.The envelope bore the legend"personal and confidential"and did not indicate on the outside,thereof by return address or otherwise that the communication was from an attorney or concerned an action against the defendant. #6 DESCRIPTION Sex:Male Color of skin:Middle Eastern Color of hair:Black Glasses: Age:60-70 Height:Over 6ft Weight: 161-200 lbs Other Features: ❑ #7 MILITARY SERVICE I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever and received a negative reply.The source of my information and the grounds of my belief are the conversations and observations above narrated. ❑ #8 WITNESS FEES Subpoena Fee Tendered in the amount of #9 OTHER Ashraf stated he could accept for Road Runner Transportation,Inc. Sworn to before me on 6114/2 �/2 Bruce Lazarus 0 1 LA4990593-Qualified in Westchester Cty Certificate Filed in New York County January 13,2014 Taylor I-Varus 130622 `oO- 211 East 43rd Street, New York, NY 10017 212-393-9070 www.legaleaseinc.com LEGAL ll�A SEINC. CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Affidavit of Service,with reference to the foregoing action by first class mail, postage prepaid, this j `day of ��1 y , 2013, on the following: Bryan P. Werley, Esquire Zarwin Baum DeVito Kaplan Schaer Toddy, P.C. 1818 Market Street, 13th Floor Philadelphia, PA 19103-3638 Zac ary p ell, Esquire 528338-1 METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire X313 JUI Attorney I.D.No. 68768 !;, 1 l Zachary D. Campbell, Esquire r'U['18 E R A N1D N Attorney I.D.No. 93177 PEP04s yLVANIQ 7'Y 3211 North Front Street P.O. Box 5300 Harrisburg,PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff MARITA KELLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 13-3322 JERMAINE WALKER, ROADWAY CIVIL ACTION- LAW TRANSPORTATION, INC., and ROAD RUNNER TRANSPORTATION, INC., Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE 1, Zachary D. Campbell, Esquire, counsel for Plaintiff, Marita Kelly, in the above captioned action, hereby certifies that a true and correct copy of the Complaint was served upon Defendant, Roadway Transportation, Inc., on June 19, 2013 at 6:21 p.m. in the manner set forth in the Affidavit of Service prepared by Reginald Hunter, Process Server of LegalEase, Inc. which is attached hereto and incorporated herein by reference as Exhibit"A". This Affidavit is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 528338-1 METZGER, WICKERSHAM, KNAUSS &ERB, P.C. By: Zac D. Campbell, Esquire Attorney ID No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff Dated: '7112 13 528338-1 i �,�/ �, 1 i I.N THE COURT OF COMMON PLEAS OF Job#: 13093 CUMBERLAND COUNTY, PENNSYLVANIA Attorney: Metzger,Wickersham,Knauss&Erb,P.C. PH:(717)238-8187 Address:3211 North Front St.,POB 5300 Harrisburg,PA 17110-0300 Marita Kelly Civil Number: 13-3322 Vs Plaintiff Date Filed: Jermaine Walker,et al. Client's File No.: Defendants Court Date: STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: AFFIDAVIT OF SERVICE Reginald Hunter, being sworn says: Deponent is not a party herein; is over the age of 18 years and resides in the State of New York. On 6/19/2013,at 6:21 PM at: 101-15 112th Street,Richmond Hill,NY 11419 Deponent served the within Notice to Defend and Complaint On: Roadway Transportation,Inc., Defendant therein named. ❑ #1 INDIVIDUAL By delivering a true copy of each to said recipient personally; Deponent knew the person so served to be the person described in as said recipient therein. ❑ #2 SUITABLE AGE PERSON By delivering thereat a true copy of each to ( )a person of suitable age and discretion.Said premises is recipient's:p actual place of business/ employment 0 dwelling house(usual place of abode)within the state. ❑ #3 AFFIXING TO DOOR By affixing a true copy of each to the door of said premises which is defendants p actual place of business/employment D dwelling house(usual place of abode)within the state. Deponent was unable with due diligence to find defendant or person of suitable age and discretion thereat having called there ® #4 Corporation or Partnership or Trust or LLC By delivering thereat a true copy of each to Leon Bisnath personally. Deponent knew said corporation/partnership/trust/LLC so served to be the corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be Authorized agent thereof. ❑ #5 MAILING On , deponent enclosed a copy of same in a postpaid envelope properly addressed to defendant at defendant's last known 0 Actual Place of Residence a Actual Place of Business, and deposited the envelope in an official depository, personally or via agency, under the exclusive care and custody of the U.S. Postal Service within New York State.The envelope bore the legend"personal and confidential"and did not indicate on the outside,thereof by return address or otherwise that the communication was from an attorney or concerned an action against the defendant. ® #6 DESCRIPTION Sex:Male Color of skin:Middle Eastern Color of hair: Black Glasses: Age:40-50 Height:Over 6ft Weight:161-200 Ibs Other Features: ❑ #7 MILITARY SERVICE I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated. ❑ #8 WITNESS FEES Subpoena Fee Tendered in the amount of ® #9 OTHER Leon 1;1a;stated he was author' to accept the documents. Sworn e on 20/2013 our Mint 0• '�' 6 -481,42 0 1 Qua tfied in Westchester County Ma 2014 = t Reginald Hunter 13461 ` 0 4 211 East 43rd Street, New York, NY 10017 / 212-393-9070 www.legaleaseinc.com LEGALEASEINC. CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Affidavit of Service with reference to the foregoing action by first class mail, postage prepaid, this 12 day of` ' 2013, on the following: Bryan P. Werley, Esquire Zarwin Baum DeVito Kaplan Schaer Toddy, P.C. 1818 Market Street, 13th Floor Philadelphia, PA 19103-3638 <4" Zac Campbell, Esquire 528338-/ t ' METZGER, WICKERSHAM, P.C. By: Clark DeVere, Esquire ,,, Attorney I.D. No. 68768 Zachary D. Campbell, Esquire s",GE Attorney I.D. No. 93177 pE ?PdS�'�� #, TWIT,' 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff MARITA KELLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 13-3322 JERMAINE WALKER, ROADWAY CIVIL ACTION - LAW TRANSPORTATION, INC., and ROAD RUNNER TRANSPORTATION, INC., Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Zachary D. Campbell, Esquire, counsel for Plaintiff, Marita Kelly, in the above captioned action, hereby certifies that a true and correct copy of the Complaint was served upon Defendant, Jermaine Walker, on June 19, 2013 at 7:38 p.m. in the manner set forth in the Affidavit of Service prepared by Reginald Hunter, Process Server of LegalEase, Inc. which is attached hereto and incorporated herein by reference as Exhibit"A". This Affidavit is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 528338-1 t ' METZGER, WICKERSHAM, KNAUSS &ERB, P.C. By: Z y . Campbell, Esquire Attorney ID No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiff Dated: ? 2 13 528338-I IN THE COURT OF COMMON PLEAS OF Job#: 13092 CUMBERLAND COUNTY, PENNSYLVANIA Attorney: Metzger,Wickersham,Knauss&Erb,P.C. PH:(717)238-8187 Address:3211 North Front St.,POB 5300 Harrisburg,PA 17110-0300 Morita Kelly Civil Number: 13-3322 VS Plaintiff Date Filed: Jermaine Walker,et al. Client's File No.: Defendants Court Date: STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: Reginald Hunter, being sworn says: AFFIDAVIT OF SERVICE Deponent is not a party herein; is over the age of 18 years and resides in the State of New York. On 6/19/2013,at 7:38 PM at: 134-17 230th Street,Laurelton,NY 11413 Deponent served the within Notice to Defend and Complaint On:Jermaine Walker, Defendant therein named. ❑ #1 INDIVIDUAL By delivering a true copy of each to said recipient personally; Deponent knew the person so served to be the person described in as said recipient therein, #2 SUITABLE AGE PERSON By delivering thereat a true copy of each to Jason Dawkins( brother)a person of suitable age and discretion. Said premises is recipient's:0 actual place of business/employment [X]dwelling house(usual place of abode)within the state. ❑ #3 AFFIXING TO DOOR By affixing a true copy of each to the door of said premises which is defendants a actual place of business/employment a dwelling house(usual place of abode)within the state. Deponent was unable with due diligence to find defendant or person of suitable age and discretion thereat having called there ❑ #4 Corporation or Partnership or Trust or LLC By delivering thereat a true copy of each to personally. Deponent knew said corporation/partnership/trust/LLC so served to be the corporation/partnership/trust/LLC described in said aforementioned document as said defendant and knew said individual to be thereof. ❑ #5 MAILING On , deponent enclosed a copy of same in a postpaid envelope property addressed to defendant at defendant's last known [X]Actual Place of Residence 0 Actual Place of Business, and deposited the envelope in an official depository, personally or via agency,under the exclusive care and custody of the U.S. Postal Service within New York State.The envelope bore the legend"personal and confidential"and did not indicate on the outside,thereof by return address or otherwise that the communication was from an attorney or concerned an action against the defendant. E9 #6 DESCRIPTION Sex:Male Color of skin:Black Color of hair: Black Glasses: Age:20-25 Height:5ft4in-5ft8in Weight:Over 200 lbs Other Features: #7 MILITARY SERVICE I asked the person spoken to whether defendant was in active military service of the United States or the State of New York in any capacity whatever and received a negative reply.The source of my information and the grounds of my belief are the conversations and observations above narrated. ❑ #8 WITNESS FEES Subpoena Fee Tendered in the amount of ❑ #9 OTHER Sworn,ioefor e o 6/20/2013 �re e o 6/20/20 a Mitr / 6(- 421 Q ified in Westchester County ' 487 31" 46 - Ma 31,2014 — Reginald Hunter 134614 00- 211 East 43rd Street, New York, NY 10017 212-393-9070 www.legaleaseinc.com LEGAL FA-S E INC. CERTIFICATE OF SERVICE 1, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Affidavit of Service with reference to the foregoing action by first class mail, postage prepaid,this—day o f 2013, on 7S� 1!7- the following: Bryan P. Werley,Esquire Zarwin Baum DeVito Kaplan Schaer Toddy,P.C. 1818 Market Street, 13th Floor Philadelphia,PA 19103-3638 Za'c rampbell,Esquire 528338-1 METZGER WICKERSHAM P.C. ` F PROTHOO """ THE By: Clark DeVere, Esquire Attorney I.D.No. 68768 1 ¢) � i ' Zachary D. Campbell, Esquire Attorney I.D.No. 93177 (�Utl- " ``T 2321 Paxton Church Road PEt4HSYI-t'All1 P.O. Box 69200 Harrisburg, PA 17106-9200 (717)238-8187 Attorneys for Plaintiff MARITA KELLY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • vs. NO. 13-3322 JERMAINE WALKER, ROADWAY CIVIL ACTION - LAW TRANSPORTATION, INC., and ROAD RUNNER TRANSPORTATION, . INC., • Defendants : JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZGER, WICKERSHAM, KNAUSS &ERB, P.C. By • Zacha I Campbell, Esquire I.D. No. 97133 2321 Paxton Church Road P.O. Box 69200 Harrisburg, PA 17106-9200 (717) 238-8187 Date: 12113 12013 Attorneys for Plaintiff 542075-1