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Home My WebLink About14-0068 Supreme Court-of Pennsylvania Cou ' •- CNPleas " For Prothonotary Use Only: vilCeet I;t1� S �� C Ug1We t'I��r, # 1 r County Docket No: T t The information collected on this form is used solel} for court administration 17url2oses. This fibrin does not supplement or replace the_filing and service of pleadings or other papers as required by la141 or roles of court. Commencement of Action: S ❑ Complaint 0 Writ of Summons C3 Petition C3 Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: T _ Lead Defendant's Name: _ . David Harries , Kathleen M. Boyd Kroh I ❑ Check here if you are a Self - Represented (Pro Se) Litigant O Name of Plaintiff /Appellant Attorney: :. Matthew P. Rosenberg _ N Dollar Amount Requested: ❑ within arbitration limits Are money damages requested?: ❑X Yes ❑ No (Check one) �_ outside arbitration limits �A Is this a Class Action Suit? ❑ Yes [9 No 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. i TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑X Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance _ ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination C Other: ❑ Employmen Dispute: Other T Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ - Money Judgment i O MASS TORT ` ` -- " - - ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES [3 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment E] Other: El Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation El Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: _ ❑ Other: _ ❑ Other Professional: Pa.R.CA 205.5 212010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. � $ Of 2014 Civil Action - ( ) Law DAVID HARRIES KATHLEEN M. BOYD KROH 106 Ross Avenue 426 N. 2nd Street New Cumberland, PA 17070 Wormleysburg, PA 17043 SEAN BOYD 426 N. 2nd Street Wormleysburg, PA 17043 ZEIDERELLI'S RESTAURANT GROUP, LLC 101 Valley Street Marysville, PA 17053 ZEIDERELLI'S PIZZA & SUBS 402 Market Street Lemoyne, PA 17043 • cz) _j CHRIS WARREN :24 rn 402 Market Street � ny,�.` Lemoyne, PA 17043 (/) r--- SEAN M. ZEIDERS CD 2375 Valley Road >;C-) Cz Marysville, Pennsylvania 17053 . r Cary "x VERSUS Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above - mentioned action. Writ of Summons shall be issued and forwarded to (xx) Attorney Matthew P. Rosenberg, Esquire Z4�� 1300 Linglestown Road - Suite 2 Signature of A •ney Harrisburg, PA 17110 Supreme Cou ID#201485 Date: . WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S) YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. by vothonotary Deputy Date: , v ► ,OP7-; 0 [ 14J2t P9I20: cj OIIP•It3LF?Lt P D COW' PEN' SYLPANIA rTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES, CIVIL DIVISION Plaintiff, NO. 14-68 v. PRAECIPE FOR APPEARANCE KATHLEEN M. BOYD KROH, SEAN BOYD, ZEIDERELLI'S RESTAURANT (Jury Trial Demanded) GROUP, LLC, ZEIDERELLI'S PIZZA & SUBS, CHRIS WARREN and SEAN M. ZEIDERS, Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20376 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES, CIVIL DIVISION Plaintiff, v. NO. 14-68 KATHLEEN M. BOYD KROH, SEAN (Jury Trial Demanded) BOYD, ZEIDERELLI'S RESTAURANT GROUP, LLC, ZEIDERELLI'S PIZZA & SUBS, CHRIS WARREN and SEAN M. ZEIDERS, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock & Guthrie, P.C., on behalf of the Defendants, Kathleen M. Boyd Kroh, Sean Boyd, Zeiderelli's Restaurant Group, LLC, Zeiderelli's Pizza & Subs, Chris Warren and Sean M. Zeiders, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, •.C. 07 By: &AP evin D Rauch, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 17th day of January, 2014. Matthew P. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRI P.C. 'VI By: ann./ -v n i. ; auch, Esquire ounsel for Defendants ( r-- s Pi°SAAI14}irY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES, CIVIL DIVISION Plaintiff, NO. 14-68 v. PRAECIPE FOR RULE TO FILE KATHLEEN M. BOYD KROH, SEAN COMPLAINT BOYD, ZEIDERELLI'S RESTAURANT GROUP, LLC, ZEIDERELLI'S PIZZA & (Jury Trial Demanded) SUBS, CHRIS WARREN and SEAN M. ZEIDERS, Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #203 76 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES, CIVIL DIVISION Plaintiff, v. NO. 14-68 KATHLEEN M. BOYD KROH, SEAN (Jury Trial Demanded) BOYD, ZEIDERELLI'S RESTAURANT GROUP, LLC, ZEIDERELLI'S PIZZA & SUBS, CHRIS WARREN and SEAN M. ZEIDERS, Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, David Harries, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. 4,/By: ` J i even �. Rauch, Esquire ounsel for Defendants IN.THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES, CIVIL DIVISION Plaintiff, v. NO. 14-68 KATHLEEN M. BOYD KROH, SEAN (Jury Trial Demanded) BOYD, ZEIDERELLI'S RESTAURANT GROUP, LLC, ZEIDERELLI'S PIZZA & SUBS, CHRIS WARREN and SEAN M. ZEIDERS, Defendants. RULE ` AND NOW, this D' , day of -JCLY , 2014, upon consideration of Defendants' Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. ' 2 14. Rule issued this day of I�GYv 0 Prothonotary yy� � t CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 17th day of January, 2014. Matthew P. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHR. , P.C. 4,11 ( By: atif evin I. R.uch, Esquire Counsel for Defendants SHERIFF'S OFFICE OF CUMBERLAND COUNTY ifi� 1L Ronny R Anderson i tiE PROTHULi, r Sheriff �+ i o �,f�� 1014 F Jody S Smith FEB —4 '1 3 ,19 Chief Deputy CUMBERLAND Richard W Stewart PENNSY�VAH COUNT Y Solicitor David Harries vs. Case Number Kathleen M Body Kroh (et al.) 2014-68 SHERIFF'S RETURN OF SERVICE 01/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Zeiderilli's Restaurant Group, LLC, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Writ of Summons according to law. 01/07/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sean M Zeiders, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Writ of Summons according to law. 01/08/2014 12:55 PM- Deputy Tim Black, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Chris Warren, owner, who accepted as"Adult Person in Charge"for Zeiderelli's Pizza&Subs at 402 Market Street, Lemoyne Borough, Lemoyne, PA 17043. TI LA K, DEPUTY 01/08/2014 12:55 PM - Deputy Tim Black, being duly sworn according to law, served the requested Writ of Summons by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Chris Warren at 402 Market Street, Lemoyne Borough, Lemoyne, PA 17043. TIM B ACL K,DEPUTY 01/10/2014 12:48 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Summons by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Kathleen M Body Kroh at 426 N. Second Street, Wormleysburg Borough, Wormleysburg, PA 17043. r _ Ar,/ - �. AWN GUTSHALL, DEPUTY 01/13/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sean Boyd, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as"Not Found"at 426 N. Second Street, Wormleysburg Borough, Wormeylsbug, PA 17043. Deputizes were advised that the Defendent currently resides at 5 Piper Ct. New Cumberland, PA 17070, located in York County. 01/14/2014 10:37 AM -The requested Writ of Summons served by the Sheriff of Perry County upon Sean M Zeiders, personally, at 2375 Valley Road, Marysville, PA 17053. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. 01/22/2014 The requested Writ of Summons returned by the Sheriff of Perry County, the within named Defendant Zeiderilli's Restaurant Group, LLC, not found. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $158.16 SO ANSWERS, January 28, 2014 RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF David Harries THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Zeiderelli's Restaurant Group LLG Sean M. Zeiders No. 2014-68 SHERIFF'S RETURN And now January 14 , 2014 : Served the within name Sean M. Zeiders the defendant(s) named herin, personally at his place of residence in Rye Twp-2375 Valley Road, Marysville, Perry County, PA, on January 14, 2014 at 10:37 o'clock AM by handing to Perry Zeiders, defendant's uncle 1 true and attested copy(ies) of the within Writ of Summons and made known to him the contents thereof Sworn and subscribed to before me this 2D So answers day of 410,/,_ fide , /14- .3.1,y,aa/iet 4101"A Prothonotary Deputy Sheriff of Perry County COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JOY S,ZERANCE,NOTARY PUBLIC NEW BL.00MFIELD)BORO.,PERRY COUNTY Pcv(OWaSION EXPIRES MARCH 6,2014 RAYON.. vomel•Oar SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No.: 2014-68 Cumberland Co. David Harris VS Zeiderelli's Restaurant Group LLC 101 Valley Street Marysville,PA 17053 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s)to wit Zeiderelli's Restaurant Group LLC,but was unable to locate him/her in his bailiwick. He therefore returns the within Writ of Summons for the above named Defendant(s) Zeiderelli's Restaurant Group LLC at 101 Valley Street,Marysville,PA 17053. NOT FOUND. SHOP AT 101 VALLEY STREET IS CLOSED. DEPUTIES ALSO ATTEMPTED SERVICE AT 210 N. STATE ROAD, MARYSVILLE, PA 17053 BUT WERE INFORMED THE ZEIDERELLI'S AT THIS ADDRESS DOES NOT BELONG TO THE LLC- DIFFERENT COMPANY. Sincerely, 2fir, Xee Carl E. Nace Sworn and subscrib-• to before me Sheriff of Perry County thisab1 day ofe% , 2014. de.A r COMMOt'WEALTH OF PENNSYLVANIA NOTARIAL SEAL JOY S.ZERANCE,NOTARY PUBLIC NEW BLOOMFIELD BORO.,PERRY COUNTY MY COMMISSI'L: EXPIRES MARCH 6,2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES 106 Ross Avenue New Cumberland, PA 17070 Plaintiff, VS. SEAN BOYD, 426 N. 2nd Street Wormleysburg, PA 17043 and KATHLEEN BOYD KROH, 426 N. 2nd Street Wormleysburg, PA 17043 Defendants. NOT CIVIL ACTION — LAW NO.: 14-68-Civil-2014 CE TAF.Ar Zfj I 11 TJT -2 Pt; (:23 CUMBERLAND COWiTY PENNSYLVANIA 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 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los prOximos veinte (20) Bias despues de la notificacion de esta Demanda y Aviso radicando personaimente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en ia demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 BY: HANDLER, HENNING & ROSENBERG, LLP atthew P. Rosenberg squire Matthew P. Rosenberg (PA 201485) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Fax 717.233.3029 mrosenberg@hhrlaw.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES 106 Ross Avenue New Cumberland, PA 17070 Plaintiff, VS. SEAN BOYD, 426 N. 2nd Street Worrnleysburg, PA 17043 and KATHLEEN BOYD KROH, 426 N. 2nd Street Worrnleysburg, PA 17043 Defendants. CIVIL ACTION — LAW NO.: 14-68-Civil-2014 COMPLAINT Plaintiff, David Harries ("Mr. Harries"), by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, make this complaint against Defendants, Sean Boyd ("Defendant Driver") and Kathleen Boyd Kroh ("Defendant Owner"), and aver as follows: 1 Mr. Harries is a competent adult individual and citizen of Pennsylvania, currently residing at 106 Ross Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant Driver is, upon information and belief, a competent adult individual with a last known address of 426 N. 2"d Street, Wormleysburg, Cumberland County, Pennsylvania. 3. Defendant Owner is, upon information and belief, a competent adult individual with a last known address of 426 N. 2"d Street, Wormleysburg, Cumberland County, Pennsylvania. 4. At all times material hereto, Mr. Harries was riding his bicycle at the time of the incident. 5. At all times material hereto, Defendant Driver was the operator of the automobile involved in the incident ("Ms. Kroh's Vehicle"). 6. At all times material hereto, Defendant Owner owned the vehicle involved in the incident and insured the vehicle through State Farm Fire and Casualty Company. 7. At all times material hereto, the road conditions were wet due to the rainy weather at the time of the incident. 8. On or about January 26, 2012, Mr. Harries was lawfully riding his bicycle with the flow of traffic on Market Street in Lemoyne, Cumberland County, Pennsylvania. 9. Defendant driver was turning onto a street perpendicular to Market Street when he carelessly failed to take notice of Mr. Harries, and as a result, suddenly and violently struck Mr. Harries with Ms. Kroh's Vehicle. 10. As a direct and proximate result of the negligence of Defendant Driver, the 2 violent nature of the collision caused damage to Mr. Harries's bicycle by bending the metal front fork and rear rim. 11. As a direct and proximate result of the negligence of Defendant Driver, Mr. Harries was violently forced into the pavement of the street, resulting in extensive damages as set forth more specifically below. COUNT I — NEGLIGENCE David Harries v. Sean Boyd 12. All prior paragraphs are incorporated herein as if set forth fully below. 13. The occurrence of the aforementioned collision and all resultant injuries to Mr. Harries are the direct and proximate result of the negligence of Defendant Driver, generally and more specifically as set forth below: a. in failing to carefully and safely operate Ms. Kroh's Vehicle when in the proximity of a cyclist; b. in failing to take reasonable and prudent notice of cyclists lawfully riding with the flow of traffic; c. in driving Ms. Kroh's Vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S. § 3714; d. in failing to exercise reasonable care in the operation and control of Ms. Kroh's Vehicle, in violation of 75 Pa.C.S. § 3714; e. in following another vehicle more closely than was reasonable and prudent, in violation of 75 Pa.C.S. § 3310(a); f. in failing to properly regulate the speed of Ms. Kroh's Vehicle so as to prevent a collision; g. in failing to operate Ms. Kroh's Vehicle at a speed and under such 3 control as to be able to stop within the assured clear distance ahead, in violation of 75 Pa.C.S.§ 3361; h. in disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway, in violation of 75 Pa.C.S. § 3361; i. in failing to operate Ms. Kroh's Vehicle at a speed that was safe under the circumstances, in violation of 75 Pa.C.S. § 3361; j. in failing to keep a reasonable lookout for vehicular traffic; k. in failing to properly and adequately observe the traffic conditions then and there existing; 1. in operating a motor vehicle inattentively; and m. in failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have Ms. Kroh's Vehicle under such control that injury to persons or property could be avoided. 14. As a direct and proximate result of Defendant Driver's negligence, Mr. Harries has: a. suffered injuries including, but not limited to, injuries to his neck back, legs, knees, nervous system, and other vital organs; b. undergone continuing medical care for his injuries; c. required continuing medical treatment, and will need to continue medical treatment indefinitely; d. suffered a loss of earning capacity; e. suffered physical pain, discomfort, and mental anguish, and will 4 continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss; f. been compelled, in an effort to cure his injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to his detriment and loss; g. suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his detriment and loss; and h. been, and will be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, David Harries, seeks damages from Defendant, Sean Boyd, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II — NEGLIGENT ENTRUSTMENT David Harries v. Kathleen Boyd Kroh 15. All prior paragraphs are incorporated herein as if set forth fully below. 16. At the time of the collision, Defendant Driver was operating Ms. Kroh's Vehicle with express and implied pennission from its owner, Defendant Owner. 17. Defendant Owner knew, or should have known, that Defendant Driver would be operating Ms. Kroh's Vehicle in a negligent manner. 18. The aforementioned collision and the resultant injuries to Mr. Harries were the direct and proximate result of the negligence of Defendant Owner in negligently entrusting her vehicle to Defendant Driver and in allowing him to operate her vehicle when she knew, or should have known, that he was not fit and competent to operate the motor vehicle in a safe 5 manner. 19. Defendant Owner knew, or should have known, of Defendant Driver's propensity to operate motor vehicles as follows: . a. without being reasonably vigilant to observe the road and traffic conditions; b. without proper and adequate control; C. without properly regulating his speed so as to prevent a collision with other vehicles lawfully operating on the road; and d. without reasonable care in operation and control of the vehicle. 20. As a direct and proximate result of Defendant Owner's negligence, Mr. Harries has: a. suffered injuries including, but not limited to, injuries to his neck back, legs, knees, nervous system, and other vital organs; b. undergone continuing medical care for his injuries; c. required continuing medical treatment, and will need to continue medical treatment indefinitely; d. suffered a loss of earning capacity; e. suffered physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to his physical, emotional, and financial detriment and loss; f. been compelled, in an effort to cure his injuries, to spend money for medicine and/or medical attention, and will be required to spend money for the same purposes in the future, to his detriment 6 and loss; g. suffered a loss of life's pleasures, and he will continue to suffer the same in the future, to his detriment and loss; and h. been, and will be, hindered from attending to his daily duties and chores, to his detriment, loss, humiliation, and embarrassment. WHEREFORE, Plaintiff, David Harries, seeks damages from Defendant, Kathleen Boyd Kroh, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: Mar. 3! 2014 By: Respectfully submitted, HANDLER, HENNING AND ROSENBERG, LLP Matthew P. Rosenberg HANDLER, HENNING 1300 Linglestown Harrisburg, PA 17 10 Ph. 717.238.2000 Fax 717.233.3029 mrosenberg@hhrlaw.com A 201485) ROSENBERG, LLP ad, Suite 2 Attorneys for plaintiff David Harries 7 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: 5 /IP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES 106 Ross Avenue New Cumberland, PA 17070 Plaintiff, vs. SEAN BOYD, 426 N. 2nd Street Wormleysburg, PA 17043 and KATHLEEN BOYD KROH, 426 N. 2nd Street Wormleysburg, PA 17043 Defendants. CIVIL ACTION — LAW NO.: 14-68-Civil-2014 CERTIFICATE OF SERVICE On the 31st day of March, 2014, I hereby certify that a true and correct copy of Plaintiff's Complaint was served upon the following by depositing in U.S. Mail: Sean Boyd and Kathleen Boyd Kroh c/o Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 945 East Park Drive Suite 201 Harrisburg, PA 17111 HANDLER, HENNING & ROSENBERG, LLP Matthew P. Ros:. berg, Esquire Jl►c My —7 Pt11j: 35 CUMBERLAND COUNTY PENNS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES, Plaintiff, v. KATHLEEN M. BOYD KROH, SEAN BOYD, ZEIDERELLI'S RESTAURANT GROUP, LLC, ZEIDERELLI'S PIZZA & SUBS, CHRIS WARREN and SEAN M. ZEIDERS, Defendants. TO: Plaintiff You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. Summers, McDonnell, Hudock & Guthrie, P.C. #20376 CIVIL DIVISION NO. 14-68 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 945 East Park Drive, Suite 201 Harrisburg, PA 17111 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES, Plaintiff, v. KATHLEEN M. BOYD KROH, SEAN BOYD, ZEIDERELLI'S RESTAURANT GROUP, LLC, ZEIDERELLI'S PIZZA & SUBS, CHRIS WARREN and SEAN M. ZEIDERS, Defendants. CIVIL DIVISION NO. 14-68 (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendants, Sean Boyd, and Kathleen Boyd Kroh, by and through their counsel, Summers, McDonnell, Hudock & Guthrie, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendants have 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. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Paragraph 8 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. 9. Paragraph 9 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. 10. Paragraph 10 states a conclusion of law 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. 11. Paragraph 11 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 DAVID HARRIES V. SEAN BOYD 12. The Defendants hereby reiterate and repeat all of their responses to Paragraphs 1 through 11 as if fully set forth at length herein. 13. Paragraph 13 and all of its subparts state conclusions of law 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. 14. Paragraph 14 and all of its subparts state conclusions of law 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. WHEREFORE, Defendants, Sean Boyd and Kathleen Boyd Kroh, respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. COUNT II — NEGLIGENT ENTRUSTMENT DAVID HARRIES V. KATHLEEN BOYD KROH 15. The Defendants hereby reiterate and repeat all of their responses to Paragraphs 1 through 14 as if fully set forth at length herein. 16. Admitted. 17. Paragraph 17 states a conclusion of law to which no response is required. By way of further answer, Defendant, Kathleen Boyd Kroh, acted in a reasonable and prudent manner at all pertinent times. 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. 18. Paragraph 18 states a legal conclusion to which no response is required. By way of further answer, Defendant, Kathleen Boyd Kroh, acted in a reasonable and prudent manner at all pertinent times. 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. 19. Paragraph 19 and all of its subparts state conclusions of law to which no response is required. By way of further answer, Defendant, Kathleen Boyd Kroh, acted in a reasonable and prudent manner at all pertinent times. 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. 20. Paragraph 20 and all of its subparts state conclusions of law 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. WHEREFORE, Defendants, Sean Boyd and Kathleen Boyd Kroh, respectfully request this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 21. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 22. Some and/or all of Plaintiff's claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 23. To the extent that the Plaintiff hasselected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiff's ability to recover non -economic damages. 24. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendants, Sean Boyd and Kathleen Boyd Kroh, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: 9 Kevin D. Rauch, Esquire Counsel for Defendants VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND, NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: S a a a l y #20376 VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: #20376 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Matter has been mailed by U.S. Mail to counsel of record via first class mail, postage pre -paid, this 6th day of May, 2014. Matthew P. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, squire Counsel for Defendants SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson O Sheriff ,firk.i{� vr'fll;,TA i.f_ OTHONO r 1?'Y 2014 MAY -3 2: 52 CUMBERLAND COUNTY PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor qt CIE Ou, QQFC, 6CE QF THE.. fikSFIFF David Harries vs. Kathleen M Body Kroh (et al.) Case Number 2014-68 SHERIFF'S RETURN OF SERVICE 04/03/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sean Boyd, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint & Notice according to law. 05/06/2014 10:31 AM - The requested Complaint & Notice served by the Sheriff of York County upon Cristo Harbilus, Friend, who accepted for Sean Boyd, at 5 Piper Ct., New Cumberland, PA 17070. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $28.00 SO ANSWERS, May 06, 2014 (c) CountySuite Sheriff, Teleosoft. inc, RONIV ANDERSON, SHERIFF Richard P Keuerleber Sheriff Michael S. Hose Chief Deputy, Operations DAVID HARRIES vs. SEAN BOYD SHERIFF'S OFFICE OF YORK COUNTY PETER J. MANGAN, ES Solici Richard E Rice Chief Deputy, Administrate Case Number 14 -68 -CIVIL -2014 SHERIFF'S RETURN OF SERVICE 04/09/2014 10:31 AM - DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT & NOTICE BY HANDING ATRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE CRISTO HARBILUS, FRIEND, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR SEAN BOYD AT 5 PIPER CT., NEW CUMBERLAND, PA 17070. SHERIFF COST: $45.40 April 29, 2014 TAYLOR ECK, DEPUTY S, RICHARD P KEUERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa L. Thorpe, Notary Public City of York, York County My Commission Expires Aug. 12, 2017 MEMBER, PENNSYLVANIA ASSOCIATION Or NOTARIES NOTARY ed and subscribed to before me this 29TH day of APRIL 2014 Affirmed IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES, Plaintiff, CIVIL ACTION — LAW v. No.: 14 -68 -Civil -2014 KATHLEEN M. BOYD KROH, SEAN BOYD, ZEIDERELLI'S RESTAURANT GROUP, LLC, ZEIDERELLI'S PIZZA & SUBS, CHRIS WARREN, and SEAN M. ZEIDERS, Defendants. PRAECIPE TO DISCONTINUE AS TO CERTAIN DEFENDANTS TO THE PROTHONOTARY: Kindly mark the above - referenced matter discontinued, without prejudice, as to defendants Zeiderelli's Restaurant Group, LLC; Zeiderelli's Pizza & Subs; Chris Warren; and Sean M. Zeiders, ONLY. By: Respectfully submitted, Handler Henning & Rosenberg LLP Matthew P. Rosenb• g (201485) 1300 Linglesto • ' oad, Suite 200 Harrisburg, P 7110 Ph.: 717.238 000 Fax: 717.233.3029 mrosenberg@hhrlaw.com Matthew P. Rosenberg (PA 201485) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.23 8.2000 Fax 717.233.3029 mrosenberg@hhrlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES Plaintiff, CIVIL ACTION — LAW VS. NO.: 14 -68- Civil -2014 KATHLEEN M. BOYD KROH, SEAN BOYD, ZEIDERELLI'S RESTAURANT GROUP, LLC, ZEIDERELLI'S PIZZA & SUBS, CHRIS WARREN, and SEAN M. ZEIDERS CERTIFICATE OF SERVICE On the ZO St day of May, 2014, I hereby certify that a true and correct copy of Praecipe to Discontinue as to Certain Defendants was served upon the following by depositing in U.S. Mail: Sean Boyd and Kathleen Boyd Kroh c/o Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 945 East Park Drive Suite 201 Harrisburg, PA 17111 Zeiderelli's Restaurant Group, LLC; Zeiderelli's Pizza and Subs; Chris Warren and Sean M. Zeiders c/o Christopher M. Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 HANDLER, HENNING & ROSENBERG, LLP Matthew P. Rosenb- :, Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES, v. Plaintiff, KATHLEEN M. BOYD KROH and SEAN BOYD, Defendants. f4-(08 CIVIL ACTION - LAW No.: 14 -68 -CIVIL -2014 ra PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER Plaintiff David Harries, by and through his attorneys, hereby responds to defendants Kathleen M. Boyd Kroh's and Sean Boyd's New Matter as follows: 21. Denied. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 22. Denied. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 23. Denied. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. 24. Denied. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied. WHEREFORE, plaintiff David Harries demands judgment in his favor and the relief requested in his Complaint. Dated: June 16, 2014 By: Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP atthew P. Rosenber: 201485) 1300 Linglestown ad, Suite 200 Harrisburg, PA 1 10 Ph.: 717.238.2000 Fax: 717.233.3029 mrosenberg@hhrlaw.com Attorneys for Plaintiff 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID HARRIES, Plaintiff, CIVIL ACTION - LAW v. No.: 14 -68 -CIVIL -2014 KATHLEEN M. BOYD KROH and SEAN BOYD, Defendants. CERTIFICATION OF SERVICE I, Matthew P. Rosenberg, hereby certify that a true and correct copy of Plaintiff's Answer to Defendants' New Matter has been served upon the following parties via First Class U.S. Mail on June 16, 2014: Kevin D. Rauch, Esq. Summers, McDonnell et al. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 By: HANDLER, HENNING & ROSENBERG, LLP Matthew P. Rosenber (201485) 1300 Linglestown oad, Suite 200 Harrisburg, PA 1 110 Ph.: 717.238.2000 Fax: 717.233.3029 mrosenberg@hhrlaw.com