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HomeMy WebLinkAbout05-1443IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALDINE E. HENRY and MARY E. KANE, NO. n - jgy3C"1V1r Plaintiffs V. CIVIL ACTION - LAW JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons upon the above named defendants at the following address(s): Jennifer L. Myers 21 Beechcliff Drive Carlisle, PA 17013 Richard B. Graham 21 Beechcliff Drive Carlisle, PA 17013 Thank you. BY: George J. Costopoulos, Esquire I.D. # 78423 COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, PA 17013 Phone: (717) 243-0407 Attorney for Plaintiffs Date: March 17, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALDINE E. HENRY and MARY E. KANE, NO. ()5-/443 1 Plaintiffs V. CIVIL ACTION - LAW JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAVE COMMENCED AN ACTION AGAINST YOU. Dated: Prothonotary Seal of the Court (n T L r ` r SHERIFF'S RETURN - REGULAR CASE NO: 2005-01443 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENRY GERALDINE E ET AL VS MYERS JENNIFER L ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within WRIT OF SUMMONS was served upon GRAHAM RICHARD B DEFENDANT the , at 1700:00 HOURS, on the 4th day of April , at 21 BEECHCLIFF DRIVE CARLISLE, PA 17013 by handing to law, 1200 RICHARD GRAHAM a true and attested copy of WRIT OF SUMMONS together w'th and at the same time directing His attention to the contents Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this _ I ?4,1t day of A. D. So Answers: comas Kline 04/06/2005 GEORGE COSTOPOULOS By: y SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01443 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HENRY GERALDINE E ET AL VS JENNIFER L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who bei duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT MYERS JENNIFER L and bul was unable to locate Her in his bailiwick. He therefore returns t WRIT OF SUMMONS the within named DEFENDANT 21 BEECHCLIFF , NOT FOUND , als to MYERS JENNIFER L CARLISLE, PA 17013 P CE. DEFENDANT MOVED AND LEFT ADDRESS Sheriff's Costs: So a-'A Docketing 15 .00 4 Service 8 .14 Not Found 5 .00 ff?? Thomas Kline Surcharge 10 .00 e ff of Cumberland County Postage .37 41 .51 ORGE COSTOPOULOS 04/06/2005 Sworn and subscribed to efore me this -l i - _ day of ti L f A1? iProthonota'ry IN T14E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs GERALDINE E. HENRY and MARY E. KANE, NO. () 5 - `f `t3 -. s V. CIVIL ACTION - LAW JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons upon the above named defendants at the address(s): Jennifer L. Myers 21 Beechcliff Drive Carlisle, PA 17013 Thank you. Richard B. Graham 21 Beechcliff Drive Carlisle, PA 17013 BY: George J. Costopoulos, Esquire I.D. # 78423 COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, PA 17013 Phone: (717) 243-0407 Attorney for Plaintiffs Date: March 17, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALDINE E. HENRY and MARY E. KANE, Plaintiffs V. NO. -(41t3 CIVIL ACTION - LAW JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) 4 COMMENCED AN ACTION AGAINST YOU. Dated: h Seal of the Court Ptothon VE 414 -- yx •; ll 'r S? :z d L i yaw Ni O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALDINE E. HENRY and MARY E. NO. 05-1443 KANE, Plaintiffs V. : CIVIL ACTION -LAW JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR REINSTATEMENT OF WRIT OF SUMMONS TO THE PROTHONOTARY: Please reinstate the writ of summons in the above-captioned matter. BY: 6 -_ a??_ George J. Costopoulos, Esquire I.D. # 78423 COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, PA 17013 Phone: (717) 243-0407 Attorney for Plaintiffs Date: April 18, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA GERALDINE E. HENRY and MARY E. KANE, Plaintiffs V. NO. 0 j `/qL/3 CIVIL ACTION - LAW JENNIFER L. MYERS and RICHARD B. GRAHAM. Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAVE COMMENCED AN ACTION AGAINST YOU. Seal of the Court Dated: lfl .-t t T vat Prothonotary /y n, i - r) C- ?? O < i `i ? :y. ^al -_t '.. __ ?.. ? ?? i- ?r? _ cry _:; ?T, ' __ ; C?+ THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 7171237-7132 Attorneys for Defendants GERALDINE E. HENRY and MARY E. KANE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants NO. 05-1443 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: y/33/6-1? By:'-( .. //0 cy? c.?w 1 cz Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants 352964-1 N p v7'1 Yy cr 2 1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the w'4 United States mail, postage prepaid, on thea?- `day of 19 f r 2005: George J. Costopoulos, Esquire COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By; c (o yla ? Kevin C. McNamara, Esquire 352964-1 N ) -r v C7 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants GERALDINE E. HENRY and MARY E. KANE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants NO. 05-1443 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully submitted, THOMAS, THOMAS & HAFER, LLP BY: e C y' 'C/ IA/?-etat Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 DATE: y/3fd? (717) 237-7132 Attorneys for Defendants 353637-1 U F ?? nti:;, -? om` . -n F. 47^ t "? ? li .. ?. l""?.? v c? ?? r? >>. t? THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants GERALDINE E. HENRY and MARY E. KANE, Plaintiffs V. JENNIFER L. MYERS and RICHARD B. GRAHAM, JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO: Plaintiffs and Plaintiffs' counsel: You are hereby ruled to file a Complaint against Defendants within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendants NO. 05-1443 CIVIL DATE: 171 rroinonoiary 353637-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on thedd 'aay of ' 2005: George J. Costopoulos, Esquire COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: C tlVtCAivv,",. Kevin C. McNamara, Esquire 353637-1 ? < l y. J ? ? r:; r c!+<`: (J CSC Ul t ?L_> J Gx IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALDINE E. HENRY and MARY E. KANE, NO. 05-1443 Plaintiffs V. CIVIL ACTION - LAW JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on behalf of Defendant, Jennifer L. Myers, and certify that I am authorized to do so. 5 os Date L11 C"m?Ullw ? Kevin C. McNamara, Esq. I.D. 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)-237-7132 Attorney for Defendants r-> L/ 4? _Il ;-? CU ' r; (_J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALDINE E. HENRY and MARY E. NO. 05-1443 KANE, Plaintiffs V. : CIVIL ACTION -LAW JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants : JURY TRIAL DEMANDED 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 the Court without further notice may enter a judgment against you 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 2 Liberty Avenue Carlisle, PA 17013 Phone: 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALDINE E. HENRY and MARY E. NO. 05-1443 KANE, Plaintiffs V. : CIVIL ACTION -LAW JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants : JURY TRIAL DEMANDED COMPLAINT Plaintiffs, Geraldine E. Henry and Mary E. Kane, are adult individuals residing at 1200 A Hampton Hill Court, Harrisburg, Dauphin County, Pennsylvania 17111. 2. Defendant, Jennifer L. Myers, is an adult individual whose last known address is 21 Beechcliff Drive, Carlisle, Cumberland County, Pennsylvania 17013. Defendant, Richard B. Graham, is an adult individual residing at 21 Beechcliff Drive, Carlisle, Cumberland County, Pennsylvania 17013. 4. The events giving rise to this cause of action occurred at approximately 1:57 p.m. on or about April 2, 2003 on Route 114 at the intersection with Bent Creek Boulevard/Willow Mill Park Road, Silver Spring Township, Cumberland County, Pennsylvania. 5. At said time and place, Plaintiff, Mary E. Kane, operating a 2002 Nissan Maxima automobile in which Plaintiff, Geraldine E. Henry, was a passenger, was driving southbound on Route 114 in the through lane of travel. 6. At that same time and place, Defendant, Jennifer L. Myers, operating a 1996 Honda Accord automobile owned by her father, Defendant, Richard B. Graham, was driving northbound on Route 114 and turned left to enter Willow Mill Park Road directly in front of Plaintiffs' vehicle, thereby causing the collision and injuries that give rise to this cause of action. The foregoing collision and all of the injuries and damages resulting therefrom were caused by the negligent, careless, and/or reckless actions of Defendant, Jennifer L. Myers, in that she: (a) drove carelessly; (b) failed to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failed to stay within her lane of travel; (d) operated her vehicle in an inattentive manner; (e) failed to stop before causing the collision; (f) failed to yield the right-of-way to Plaintiffs' vehicle; (g) failed to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (h) failed to keep proper and adequate control over her vehicle; (i) failed to see what she should have seen; (j) failed to notice the imminence of an accident and to take the necessary steps to avoid the same; (k) violated the Pennsylvania Motor Vehicle Code, which is intended to protect persons lawfully on the highway such as Plaintiffs from personal injury, and thus constitutes negligence per se; and (1) otherwise operated her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of other motorists and their passengers, including Plaintiffs. COUNTI Plaintiff Geraldine E. Henry v. Defendant Jennifer L. Myers: Negjigence 8. The averments set forth in paragraphs 1 through 7 above are incorporated by reference as though fully set forth herein. 9. As a result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Geraldine E. Henry, has suffered serious, painful, severe and permanent injuries, including but not limited to, a large hematoma in her left breast, knee and back injuries, and knee and back pain. 10. As a further result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Geraldine E. Henry, was forced to incur medical treatment, care and expenses for the injuries she has suffered, and will continue to incur such expenses in the future. IL As a further result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Geraldine E. Henry, has suffered a severe loss of earnings and/or impairment of her earning capacity and power. 12. As a further result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Geraldine E. Henry, has suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and duties which constitute her usual and customary daily activities and in the future may continue to so suffer. 13. As a further result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Geraldine E. Henry, has experienced severe pain and suffering, mental anguish and humiliation and in the future may continue to so experience. 14. As a further result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Geraldine E. Henry, has sustained scars, which will result in a permanent disfigurement. 15. As a further result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Geraldine E. Henry, has suffered a loss of life's pleasures and in the future may continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Geraldine E. Henry, demands judgment against Defendant, Jennifer L. Myers, in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. COUNT H Plaintiff Marv E. Kane v. Defendant Jennifer L. Myers: Negligence 16. The averments set forth in paragraphs I through 15 above are incorporated by reference as though fully set forth herein. 17. As a result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Mary E. Kane, has suffered serious, painful, severe and permanent injuries, including but not limited to, back, ankle, knee, shoulder and wrist injuries and pain. 18. As a further result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Mary E. Kane, was forced to incur medical treatment, care and expenses for the injuries she has suffered, and will continue to incur such expenses in the future. 19. As a further result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Mary E. Kane, has suffered a severe loss of earnings and/or impairment of her earning capacity and power. 20. As a further result of the negligent, careless and/or reckless acts of Defendant, 4 Jennifer L. Myers, Plaintiff, Mary E. Kane, has suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and duties which constitute her usual and customary daily activities and in the future may continue to so suffer. 21. As a further result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Mary E. Kane, has experienced severe pain and suffering, mental anguish and humiliation and in the future may continue to so experience. 22. As a further result of the negligent, careless and/or reckless acts of Defendant, Jennifer L. Myers, Plaintiff, Mary E. Kane, has suffered a loss of life's pleasures and in the future may continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Mary E. Kane, demands judgment against Defendant, Jennifer L. Myers, in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. COUNT III Plaintiff Geraldine E. Henry v. Defendant Richard B. Graham: Negligent Entrustment 23. The averments set forth in paragraphs 1 through 22 above are incorporated by reference as though fully set forth herein. 24. On or about April 2, 2003, Defendant, Jennifer L. Myers, with the implied and/or express permission of her father, Defendant, Richard B. Graham, drove the 1996 Honda Accord automobile owned and controlled by Defendant Graham and caused the collision detailed above. 25. The collision and injuries resulting therefrom were caused by the negligent, careless and/or reckless actions of Defendant, Richard B. Graham, in that he: (a) knew or should have known that Defendant, Jennifer L. Myers, was incapable of safe driving at the time in question; (b) permitted Defendant, Jennifer L. Myers, to operate his motor vehicle at the time in question when he knew or should have known that she was incapable of safe driving; (c) failed to take whatever steps were reasonable and necessary to prevent Defendant, Jennifer L. Myers, from operating his motor vehicle at the time in question when he knew or should have known that she was incapable of safe driving; and (d) acted without regard for the safety and rights of other motorists and their passengers, including Plaintiffs. 26. As a result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Geraldine E. Henry, has suffered serious, painful, severe and permanent injuries, including but not limited to, a large hematoma in her left breast, knee and back injuries, and knee and back pain. 27. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Geraldine E. Henry, was forced to incur medical treatment, care and expenses for the injuries she has suffered, and will continue to incur such expenses in the future. 28. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Geraldine E. Henry, has suffered a severe loss of earnings and/or impairment of her earning capacity and power. 29. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Geraldine E. Henry, has suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and duties which constitute her usual and customary daily activities and in the future may continue to so suffer. 30. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Geraldine E. Henry, has experienced severe pain and suffering, mental anguish and humiliation and in the future may continue to so experience. 31. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Geraldine E. Henry, has sustained scars, which will result in a permanent disfigurement. 32. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Geraldine E. Henry, has suffered a loss of life's pleasures and in the future may continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Geraldine E. Henry, demands judgment against Defendant, Richard B. Graham, in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. COUNT IV Plaintiff Marv E. Kane v. Defendant Richard B. Graham: Negligent Entrustment 33. The averments set forth in paragraphs 1 through 32 above are incorporated by reference as though fully set forth herein. 34. As a result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Mary E. Kane, has suffered serious, painful, severe and permanent injuries, including but not limited to, back, ankle, knee, shoulder and wrist injuries and pain. 35. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Mary E. Kane, was forced to incur medical treatment, care and expenses for the injuries she has suffered, and will continue to incur such expenses in the future. 7 36. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Mary E. Kane, has suffered a severe loss of earnings and/or impairment of her earning capacity and power. 37. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Mary E. Kane, has suffered medically determinable physical impairments which have prevented her from performing all of the normal acts and duties which constitute her usual and customary daily activities and in the future may continue to so suffer. 38. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Mary E. Kane, has experienced severe pain and suffering, mental anguish and humiliation and in the future may continue to so experience. 39. As a further result of the negligent, careless and/or reckless acts of Defendant, Richard B. Graham, Plaintiff, Mary E. Kane, has suffered a loss of life's pleasures and in the future may continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Mary E. Kane, demands judgment against Defendant, Richard B. Graham, in an amount in excess of the compulsory arbitration limits, plus costs and interest as provided by law. RECTFULLY S TIED: E?Georg J. Costopoulos, Esquire Attorney I.D. # 78423 COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, PA 17013 Phone: (717) 243-0407 Attorney for Plaintiffs VERIFICATION I, Geraldine E. Henry, do hereby verify that the statements made in the foregoing document are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DA GERALDINE RY VERIFICATION I, Mary E. Kane, do hereby verify that the statements made in the foregoing document are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. -B S? E ?? DATE MA CERTIFICATE OF SERVICE I, George J. Costopoulos, Esquire, hereby certify that on June 1, 2005 I served a true and correct copy of the attached Complaint by United States Mail, postage prepaid, upon counsel for Defendants as identified below: Kevin C. McNamara, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 ( ! . -4? Geo e J. Costopoulos, Esquire G or DA '(E ? .n '7 `? -\ `'. <<'- -' .'?i t1 J ',` ?? ?`-J G-} G i r THOMAS, THOMAS & HAFER, LLP Anthony T. Lucido, Esquire Identification Number: 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 7171237-7132 Attorneys for Defendants GERALDINE E. HENRY and MARY E. KANE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants NO. 05-1443 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF APPEARANCE TO THE PROTHONOTARY: Please substitute the appearance of the undersigned as attorneys for Defendants in the above matter, Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: ck _a 3 - U K By:? Anthony T. Lucido, Esquire I.D.#76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants 375054.1 CERTIFICATE OF SERVICE I, Joan L. Wolfe, an employee of Thomas, Thomas and Hafer, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the 3(gday of tiff I 2005: George J. Costopoulos, Esquire COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First FRoor Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: -/. t,ti)p Jo?fi L. Wolfe 375054.1 ?_ Gr f 3 n,? yyyy..?? ,r ?tl 2? Y [LD THOMAS, THOMAS & HAFER, UP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants GERALDINE E. HENRY and MARY E. KANE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants NO. 05-1443 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION IT IS HEREBY stipulated by and between counsel for the Plaintiffs and counsel for Defendants that Subparagraph 7(I) of Plaintiffs' Complaint is WITHDRAWN. LOS, FOSTER & FIELDS r,IGeorge J. Costopoulos, Esquire 110 East Louther Street, First Floor Carlisle, PA 17013 Attorneys for Plaintiffs THOMAS, THOMAS & HAFER, LLP By: Kevin C. McNamara, Esquire 305 North Front Street Harrisburg, PA 17108-0999 Attorneys for Defendants DATE: (p 17 0 I -, `) DATE: Sf 3U/ dr 352964-1 C7 v O ?+ i11T- ";i .i L?T ? i *?` `1 =-$. "L? rCJ ?'" ;? ?i til i O S=9 s ?? THOMAS, THOMAS 8 HAFER, LLP Anthony T. Lucido, Esquire Identification Number: 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/441-7057 Attorneys for Defendants GERALDINE E. HENRY and MARY E. KANE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants NO. 05-1443 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: All parties and counsel: You are hereby notified to plead to the enclosed New Matter and New Matter Pursuant to PA.R.C.P. 2252(d) within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: A? - C- 0S- By: Anthony T. Lucido, Esquire I.D.# 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attomeys for Defendants 363243-1 THOMAS, THOMAS 8 HAFER, LLP Anthony T. Lucido, Esquire Identification Number: 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/441-7057 Attorneys for Defendants GERALDINE E. HENRY and MARY E. KANE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER L. MYERS and RICHARD B. GRAHAM, NO. 05-1443 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT 1. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that Jennifer Myers was operating a 1996 Honda Accord owned by Richard Graham which was headed northbound on Route 114. It is further admitted that Ms. Myers attempted to make a left turn onto Willowmill Park Road and that an accident occurred. It is denied that Jennifer Myers' conduct caused the collision. As to the allegation of injuries, After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 7(a)-(I). Denied pursuant to Pa.R.C.P. 1029(e). COUNT I - Geraldine Henry v. Jennifer Myers - Negligence 8. Answering Defendants hereby incorporate their answers to Paragraphs 1 through 7 as if fully set forth herein. 9-15. Denied. The allegations of negligence, carelessness and/or recklessness represent conclusions of law to which no response is required. As to the injuries and damages set forth in these paragraphs, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. WHEREFORE, Defendant Jennifer Myers respectfully requests that Count I of Plaintiffs' Complaint be dismissed without cost to her. COUNT II - Marv Kane v. Jennifer Myers - Negligence 16. Answering Defendants hereby incorporate their answers to Paragraphs 1 through 15 as if fully set forth herein. 17-22. Denied. The allegations of negligence, carelessness and/or recklessness represent conclusions of law to which no response is required. As to the injuries and 363243-1 2 damages set forth in these paragraphs, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. WHEREFORE, Defendant Jennifer Myers respectfully requests that Count II of Plaintiffs' Complaint be dismissed without cost to her. COUNT III - Geraldine Henry v. Richard Graham - Negligent Entrustment 23. Answering Defendants hereby incorporate their answers to Paragraphs 1 through 22 as if fully set forth herein. 24. Admitted in part and denied in part. It is admitted that Jennifer Myers was operating Richard Graham's 1996 Honda Accord with his express permission. It is denied that Jennifer's operation of the vehicle caused the collision. 25(a)-(d). Denied pursuant to Pa.R.C.P. 1029(e). 26-32. Denied. The allegations of negligence, carelessness and/or recklessness represent conclusions of law to which no response is required. As to the injuries and damages set forth in these paragraphs, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. WHEREFORE, Defendant Richard Graham respectfully requests that Count III of Plaintiffs' Complaint be dismissed without cost to him. COUNT IV - Marv Kane v. Richard Graham - Negligent Entrustment 33. Answering Defendants hereby incorporate their answers to Paragraphs 1 through 32 as if fully set forth herein. 363243-1 3 34-39. Denied. The allegations of negligence, carelessness and/or recklessness represent conclusions of law to which no response is required. As to the injuries and damages set forth in these paragraphs, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. WHEREFORE, Defendant Richard Graham respectfully requests that Count IV of Plaintiffs' Complaint be dismissed without cost to him. NEW MATTER 40. Plaintiffs' claims are all subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 41. No acts or failures to act on the part of Jennifer Myers and/or Richard Graham were a substantial factor or factual cause in bringing about the accident or any injuries set forth in Plaintiffs' Complaint. 42. The Complaint fails to set forth a legally cognizable claim for negligent entrustment. WHEREFORE, Defendants respectfully request that Plaintiffs' Complaint be dismissed without cost to them. NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) JENNIFER MYERS AND RICHARD GRAHAM V. MARY E. KANE 43. The accident and injuries set forth in Plaintiffs' Complaint were caused solely or in part by the negligence of Mary E. Kane, said negligence consisting of the following: 363243-1 4 a. Traveling too fast for conditions; b. Failing to keep a proper and adequate lookout; and c. Failing to avoid the accident described in Plaintiffs' Complaint. 43. If the Plaintiffs sustained injuries as a result of the accident, those injuries were in whole or in part caused by the negligence of Mary Kane. 44. If it should be determined that the accident and any related injuries were the result of the negligence of either Jennifer Myers or Richard Graham, which negligence is expressly denied, then Mary Kane is solely liable for all said injuries or, in the alternative, she is jointly and severally liable with Defendants, liable over to the Defendants, or liable to the Defendants for contribution. WHEREFORE, Defendants respectfully demand judgment be entered in their favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: I b " S GAS Anthony T. Lucido, Esquire I.D.#76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7057 Attorneys for Defendants 363243-1 5 ATTORNEY VERIFICATION I, Anthony T. Lucido, Esquire, of the law firm of THOMAS, THOMAS & HAFER, LLP, hereby verify that we are the attorneys of record for Defendants Jennifer L. Myers and Richard B. Graham in this case; that as such I am authorized to make this Verification; and that the information set forth in the foregoing Answer with New Matter of Defendants, to Plaintiffs Complaint is true and correct to the best of my knowledge, information and belief. THOMAS, THOMAS & HAFER, LLP By: ' U S Anthony T. Lucido, Esquire DATE: CERTIFICATE OF SERVICE I, Joan L. Wolfe, an employee of Thomas, Thomas and Hafer, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the day of d?rY? , 2005: George J. Costopoulos, Esquire COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: q T? ?-/- A-Itk Joy L. Wolfe 363243-1 6 ?> > L C7 ca ? C7 "Y -n ^') , t'ti .. ? ?? 1 .. -? ` : , i . . I [? rs - .c) THOMAS, THOMAS & HAFER, LLP Anthony T. Lucido, Esquire Identification Number: 76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants GERALDINE E. HENRY and MARY E. KANE, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants NO. 05-1443 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF VERIFICATION TO THE PROTHONOTARY: Please substitute the verification of the undersigned with Defendants Jennifer L. Myers and Richard B. Graham in the above matter. DATE: ',) lI - 0S Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Anthony T. Lucido, Esquire I.D.#76583 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants 384159.1 VERIFICATION WE, JENNIFER L. MYERS AND RICHARD B. GRAHAM, have read the foregoing ANSWER AND NEW MATTER and hereby affirm that it is true and correct to the best of our personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities; We verify that all the statements made in the foregoing are true and correct and that false statements may subject us to the penalties of 18 Pa.C.S. 4904. Date: I Go ? GS Date: ! n/'l l? 5 7e ifer ; Myers Richard B. Grab CERTIFICATE OF SERVICE I, Joan L. Wolfe, an employee of Thomas, Thomas and Hafer, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the //44day of ()( -I LW , 2005: George J. Costopoulos, Esquire COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: ? Man L. Wolfe 384159.1 n ?' o c-y 1 l f 9 _ i ro - C:3 (Jr < GERALDINE E. HENRY and MARY E. KANE, Plaintiffs V. JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1443 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANTS' NEW MATTER AND NEW MATTER PURSUANT TO RULE 2252(dl AND NOW come the Plaintiffs, Geraldine E. Henry and Mary E. Kane, by and through their attorneys, COSTOPOULOS, FOSTER & FIELDS, and preliminarily object to Defendants' New Matter and New Matter Pursuant to Rule 2252(d) as follows: A. PRELIMINARY OBJECTION: MOTION TO STRIKE DEFENDANTS' NEW MATTER AND NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) (FAILURE TO CONFORM TO LAW AND RULE OF COURT) Plaintiffs filed and served their Complaint on June 1, 2005. 2. Defendants filed and served their New Matter and New Matter Pursuant to Pa.RC.P. 2252(d) over four months later, on October 5, 2005, in violation of Pa.R.C.P. 1026(a) which requires that every pleading subsequent to the Complaint be filed within twenty days. 3. Accordingly, Defendants' New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) fail to conform to law and rule of court and should be stricken. B PRELIMINARY OBJECTION: MOTION TO STRIKE DEFENDANTS' NEW MATTER (FAILURE TO PLEAD MATERIAL FACTS) Paragraphs 40 Through 42 of Defendants' New Matter assert no factual basis for the defenses raised therein. As a result, these allegations violate Pa.R.C.P. 1019(a), which requires that Defendants plead the specific and material facts upon which their defenses are based, and should be stricken. WHEREFORE, Plaintiffs respectfully request that this Honorable Court issue an Order dismissing and striking Defendants' New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d). RESPECTFULLY SUBMITTED: Geo e J. Costopoulos, Esquire I.D. No. 78423 COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, Pennsylvania 17013 Phone: (717) 243-0407 ATTORNEY FOR PLAINTIFFS Date: /O/ZS 1 5• CERTIFICATE OF SERVICE I, George J. Costopoulos, Esquire, hereby certify that on October 25, 2005 I served a true and correct copy of the foregoing Preliminary Objections to Defendants' New Matter and New Matter Pursuant to Rule 2252(d) by United States Mail, postage prepaid, upon counsel for Defendants as identified below: Anthony T. Lucido, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Georg .Costopoulos, Esquire /a 2 s- 0 r DA E Johnson, Duffie, Stewart & Weidner By: Wade D. Manley I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for GERALDINE E. HENRY and MARY E. KANE GERALDINE E. HENRY and MARY E. KANE, Plaintiffs/Counter-Claim Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 05-1443 CIVIL ACTION - LAW V. JURY TRIAL DEMANDED JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants/Counter-Claim Plaintiffs PRAECIPE TO ENTER APPEARANCE AND NOW, this 10 day of February, 2006, enter the appearance of WADE D. MANLEY, I.D. 87244, on behalf of the Counter-Claim Defendant, MARY E. KANE, in the above- captioned suit. JOHN ON, DUFFFIE, STEWART & WEIDNER By: 0 Wade D. Manle :269270 13806-39 CERTIFICATE OF SERVICE AND NOW, this 140 day of February, 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: George J. Costopoulos, Esquire Costopoulos, Foster & Fields 10 E. Louther Street, First Floor Carlisle, PA 17013 Anthony T. Lucido, Esquire Thomas Thomas & Hafer, LP 305 N. Front Street P. O. Box 999 Harrisburg, PA 17108-0999 JOHNSON, DUFFIE, STEWART & WEIDNER By: ?PJ' %• n '\ Wade D. M le ? ? -i?l ?. ? _ - 't ?? ? .>Ll C . ?? i y+ _. Johnson, Duff ie, Stewart & Weidner By: Wade D. Manley I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com GERALDINE E. HENRY and MARY E. KANE, Plaintiffs/Counter-Claim Defendants V. JENNIFER L. MYERS and RICHARD B. GRAHAM, Defendants/Counter-Clai m Plaintiffs CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY OF COUNTER-CLAIM DEFENDANT MARY E. KANE TO NEW MATTER PURSUANT TO PA. R. C. P. 2252(d) AND NOW, comes the Counter-Claim Defendant, Mary E. Kane, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and files this Reply to the New Matter pursuant to Pa.R.C.P. 2252(d) filed by the Counter-Claim Plaintiff, Jennifer L. Myers, and in support thereof replies as follows: 43. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied, and strict proof thereof is demanded at the time of trial. By way of further answer, it is specifically denied that the Counter-Claim Defendant, Mary E. Kane, was negligent in any manner as follows: a. Traveling too fast for conditions, Attorneys for Counter-Claim Defendant, Mary E. Kane IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 05-1443 b. Failing to keep a proper and adequate lookout; and C. Failing to avoid the accident described in the Plaintiff's Complaint. 43[sic].Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied, and strict proof thereof is demanded at the time of trial. 44. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied, and strict proof thereof is demanded at the time of trial. By way of further answer, it is specifically denied that the Counter-Claim Defendant, Mary E. Kane, is solely liable for any injuries resulting from the accident, or, in the alternative, jointly and severally liable with the Defendants/Cross-Claim Plaintiff, liable over to the Defendants/Cross-Claim Plaintiff, or liable to the Defendants for contribution for any injuries resulting from the accident. WHEREFORE, the Counter-Claim Defendant, Mary E. Kane, respectfully demands judgment in her favor, and requests that the Defendants/Cross-Claim Plaintiff, New Matter Pursuant to Pa. R.C.P. 2252(d) be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ? A r2 6"? Wade D. M ley 1. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Counter-Claim Defendant DATE: Mary E. Kane 269724 13608-39 CERTIFICATE OF SERVICE AND NOW, this Ze day of February, 2006, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: George J. Costopoulos, Esquire Costopoulos, Foster & Fields 10 E. Louther Street, First Floor Carlisle, PA 17013 Anthony T. Lucido, Esquire Thomas Thomas & Hafer, LP 305 N. Front Street P. O. Box 999 Harrisburg, PA 17108-0999 JOHNSON, DUFFIE, STEWART & WEIDNER WOLL T. By: Wade D. Manley i ?r ; __ t li ? f Costopoulos, Foster & Fields George J. Costopoulos, Esquire PA ID No.: 78423 10 E. Louther Street, I' Floor Carlisle, PA 17013 Phone: (717) 243-0407 Counsel for Plaintiffs GERALDINE E. HENRY and MARE E. KANE Plaintiffs V. JENNIFER L. MYERS and RICHARD B. GRAHAM Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1443 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW PLAINTIFFS' PRELIMINARY OBJECTIONS TO THE NEW MATTER AND NEW MATTER PURSUANT TO RULE 2252(d) OF DEFENDANTS JENNIFER L. MYERS AND RICHARD B. GRAHAM TO THE PROTHONOTARY: Kindly withdraw Plaintiffs' Preliminary Objections to the New Matter and New Matter Pursuant to Rule 2252(d) of Defendants, Jennifer L. Myers and Richard B. Graham, in the above- captioned matter. Thank you. BY: George J. Costopoulos, Esquire I.D. No. 78423 COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, Pennsylvania 17013 Phone: (717) 243-0407 ATTORNEY FOR PLAINTIFFS Date: March 1, 2006 CERTIFICATE OF SERVICE I, George J. Costopoulos, Esquire, hereby certify that on March 1, 20061 served a true and correct copy of the foregoing Praecipe to Withdraw Plaintiffs' Preliminary Objections to the New Matter and New Matter Pursuant to Rule 2252(d) of Defendants, Jennifer L. Myers and Richard B. Graham, by United States Mail, postage prepaid, upon all interested parties as identified below: Anthony T. Lucido, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Wayde D. Manley, Esq. Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 George J. Costopoulos, Esquire DATE _, ;, ;,,?;. ? ?- ?_ Costopoulos, Foster & Fields George J. Costopoulos, Esquire PA ID No.: 78423 10 E. Louther Street, I' Floor Carlisle, PA 17013 Phone: (717) 243-0407 Counsel for Plaintiffs GERALDINE E. HENRY and MARE E. KANE Plaintiffs V. JENNIFER L. MYERS and RICHARD B. GRAHAM Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1443 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS, JENNIFER L. MYERS AND RICHARD B. GRAHAM 40. No response required as this is a statement of law. To the extent a response is deemed necessary, the averments contained in this paragraph are denied. 41. No response required as this is a statement of law. To the extent a response is deemed necessary, the averments contained in this paragraph are denied. 42. No response required as this is a statement of law. To the extent a response is deemed necessary, the averments contained in this paragraph are denied. WHEREFORE, Plaintiffs respectfully request that this Honorable Court issue an Order in their favor. 7 RES ECTFULLYSU MITTED: George J. Costopoulos, Esquire I.D. No. 78423 COSTOPOULOS, FOSTER & FIELDS 10 East Louther Street, First Floor Carlisle, Pennsylvania 17013 Phone: (717) 243-0407 ATTORNEY FOR PLAINTIFFS Date: March 17, 2006 0 CERTIFICATE OF SERVICE I, George J. Costopoulos, Esquire, hereby certify that on March 17, 20061 served a true and correct copy of the foregoing Reply to New Matter of Defendants, Jennifer L. Myers and Richard B. Graham, by United States Mail, postage prepaid, upon all interested parties as identified below: Anthony T. Lucido, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Wayde D. Manley, Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 George J. Costopoulos, Esquire 3 i DATE ri. •?? U?d L I UIM Iooz gin,. Gordon A. Einhorn, Esquire 1. D. 59006 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7054 geinhorn@tthlaw.com Attorneys for Defendants GERALDINE E. HENRY AND MARY E. KANE, V. Plaintiffs JENNIFER L. MYERS AND RICHARD B. GRAHAM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-1443 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECE/PE FOR ENTRY OF APPEARANCE To: Prothonotary Please enter the appearance of the undersigned as counsel of record for Defendants Jennifer L. Myers and Richard B. Graham in the above matter. THOMAS, THOMAS & HAFER, LLP ordon A. Einhom, Esquire I.D. No. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhom@tthlaw.com Date: 8/14/08 jP CERTIFICATE OF SERVICE I, Gordon A. Einhorn, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendants, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: George J. Costopoulos, Esquire Costopoulos, Foster & Fields 10 East Louther Street First Floor Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP don A. Einhorn, Esquire I.D. No. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhorn@tthlaw.com Date: 8/14/08 617542.1 F71 r ' te, ,. Cri ? C7 t Cam` ?, ? ?? GERALDINE E. HENRY AND MARY E. KANE, Plaintiffs/Counter-Claim Defendant V. JENNIFER L. MYERS AND RICHARD B. GRAHAM, Defendants/Counter-Claim Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-1443 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECEIPE TO MARK CASE SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above-captioned action, including all claims and counter-claims, settled, discontinued and ended. Respectfully Submitted, Respectfully Submitted, COSTOPOULOS, FOSTER & FIELDS By: 4?= George J. Costopoulos, Esquire I.D. #78423 10 East Louther Street First Floor Carlisle, PA 17013 (717) 243-0407 Counsel for Plaintiffs Dated: $/(!'/sr THOMAS, THOMAS & HAFER, LLP don A. Einhom, Esquire I.D. #59006 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7054 Counsel for Defendants and Counter-claim Plaintiffs Dated: f/,., 9,//?d j,.,- -Aw rn ?C