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HomeMy WebLinkAbout14-2517 L Supreme Cour of'Pennsylvania Cour� of- Co`mmo�PIeas For Prothonotary Use Only: c i il'Cover,Sh et Docket No: � a n y Cum erland'2- County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and seri of pleadings or other papers as required by law or rules of court. Commencement of Action: S 'D Complaint Writ of Summons Petition 0 Transfer from Another Jurisdiction ❑ Declaration of Taking E ! C Lead Plaintiff's Name: Lead Defendant's Name: Kimberlee A. Glasgow and Michael T. Glasgow Progressive Service Die Company and George France T Dollar Amount Requested: 0 within arbitration limits I Are money damages requested? iXl Yes � � No (check one) Ixl outside arbitration limits �O N Is this a Class Action Suit? n Yes 'X No Is this an MDJAppeal? 0 Yes [@ No A Name of Plaintiff /Appellant's Attorney: Edward R. Kennett, Esquire ' 0 Check here if you have no attorney (are a Self - Represented (Pro Se] Litigant) 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. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional l Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other Board of Elections i 0 Nuisance Dept. of Transportation z1 Premises Liability ❑ Statutory Appeal: Other S Product Liability (does not include E mass tort) Employment Dispute: ® Slander/Libel/ Defamation Discrimination C El Other: 0 Employment Dispute: Other 0 Zoning Board T Other: I Other: O MASS TORT 0 Asbestos N 0 Tobacco . 0 Toxic Tort - DES J Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS IO Toxic Waste IJ Other: Ejectment ©Common Law /Statutory Arbitration B er: Eminent Domain/Condemnation ® Declaratory Judgment Q Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations tl Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY =l Mortgage Foreclosure: Commercial 0 Quo Warranto I 0 Dental J Partition 0 Replevin ❑ Legal 0 Quiet Title 0 Other: i Medical 0 Other: Other Professional: i Updated 111/2011 Edward R. Kennett, Esquire KATHERMAN, BRIGGS & GREENBERG 7 East Market Street York, PA 17401 u - tEAPy Cn 717 - 848 -3838 +�' s L��;tdl t r I.D. No. 69072 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLEE A. GLASGOW and MICHAEL T. GLASGOW 110 Nebinger Street Lewisberry, PA 17339 Plaintiff CI No. V. PROGRESSIVE SERVICE DIE COMPANY 1 Taylor Boulevard New Kingston, PA 17072 GEORGE FRANCE 217 White Street Jacksonville, NC 28546 JURY TRIAL DEMANDED Defendants COMPLAINT c ., c NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth against you 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 default 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. District Court Administrator Cumberland County Courthouse 1 North Courthouse Avenue Carlisle, PA 17013 Telephone No. 717 - 240 -6100 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propriedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENDER ASISTENCIA LEGAL. District Court Administrator Cumberland County Courthouse 1 North Courthouse Avenue Carlisle, PA 17013 Telephone No. 717 - 240 -6100 2 PARTIES TO THE ACTION 1. Plaintiffs, Kimberlee A. Glasgow and Michael T. Glasgow, are adult individuals who reside at 110 Nebinger Street, Lewisberry, PA 17339. 2. Defendant, George France, is an adult individual who resides at 217 White Street, Jacksonville, NC 28546, and, based upon information and belief, is the owner of a building located at 1 Taylor Boulevard, New Kingston, PA 17072. 3. Based upon information and belief, Defendant, Progressive Service Die Company, is a Pennsylvania corporation that operates a,warehouse located at 1 Taylor Boulevard, New Kingston, PA 17072. STATEMENT OF FACTS 4. On December 9, 2013, Plaintiffs were attending a softball practice that was being held at a warehouse located at 1 Taylor Boulevard, New Kingston, PA 17072. 5. Mrs. Glasgow was sitting on the floor in a folding chair watching the practice. 6. Without warning, she was slammed in the head with a hard and heavy. object. 7. It was later determined that Mrs. Glasgow was hit in the head with a large eight (8) foot long wooden box that had been leaning against the warehouse wall. 8. It was later determined that it had been the intent of the owners of the property to secure the wooden box to the wall so it could be used to store balls. 9. Mrs. Glasgow went to the emergency department. at Holy Spirit Hospital, where she was diagnosed with a concussion and neurologic injuries. 10. Despite treatment and therapies, Mrs. Glasgow continues to suffer from post - concussion syndrome, including pain, dizziness, and headaches. 3 11. As a direct and proximate result of the Defendants' negligence, Plaintiffs' sustained numerous injuries causing damages as set forth herein. 12. As a direct and proximate result of the Defendants' negligence, Mrs. Glasgow suffered severe physical injuries, including, but not limited to, a concussion, cuts and bruises, post- concussion syndrome, pain, dizziness and headaches. 13. As a direct and proximate result of the Defendants' negligence, Plaintiffs have incurred significant medical expenses and will continue to incur such expenses in the future. 14. As a direct and proximate result of the Defendants' negligence, Plaintiffs have suffered a loss of earnings and loss of earning capacity. 15. As a direct and proximate result of the Defendants' negligence, Mrs. Glasgow has endured severe pain and suffering, mental anxiety and anguish, embarrassment, humiliation, and the loss of the enjoyment of life's pleasures. COUNT KIMBERLEE A. GLASGOW v. PROGRESSIVE SERVICE DIE COMPANY and /or GEORGE FRANCE NEGLIGENCE 16. Paragraphs 1 through 15 are incorporated herein. 17. Defendant was negligent as follows: (a) failing to ensure the property was safe; (b) failing to properly inspect the property; (c) failing to properly secure a large wooden box; 4 (d) allowing a large wooden box to lean against a wall without any method of ensuring it was secure; (e) failing to warn of lose items that were not properly secured; (f) failing to properly maintain the property; (g) failing to affix the large wooden box to the wall; and (h) failing to provide a safe area for softball practice. 18. The Defendants' negligence was a causal factor in bringing about the injuries suffered by Plaintiffs. COUNT II MICHAEL T. GLASGOW v. PROGRESSIVE SERVICE DIE COMPANY and /or GEORGE FRANCE LOSS OF CONSORTIUM 19. Paragraphs 1 through 18 are incorporated herein. 20. Plaintiffs were, and are, husband and wife. 21. As a direct and proximate result of the Defendants' negligence, as described herein, Plaintiff, Michael T. Glasgow, has been deprived of the care, support, comfort, companionship and society of his wife, Kimberlee A. Glasgow, for all of which damages are claimed. 5 WHEREFORE, Plaintiff demands judgment against the Defendant in an amount in excess of $50,000.00, together with interest and costs thereon as allowed by law. Respectfully bmi , KATHE , BRIG GREENBERG Date: 2 2 By: d and R. Kennett, Esquire 7 East Market Street York, PA 17401 717- 848 -3838 I.D. No. 69072 Attorney for Plaintiffs 6 VERIFICATION 1, Kimberlee A. Glasgow, verify that the facts set forth in the forgoing document are true and accurate based on my personal knowledge, information or belief. This verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. J A � Dated: k L � 6 'r L Kimberlee A. Glasgow VERIFICATION 1, Michael T. Glasgow, verify that the facts set forth in the forgoing document are true and accurate based on my personal knowledge, information or belief. This verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: 7 a2�- 11 K A � J' 7_ , Qr- Michael T. Glasgow Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF If 1E1826 A 20/4 MAY -8 Pt! 2:52 CUMBERLAND Cort. PENNSYLVANIA T Y OFFr); SK RIFF Kimberlee A Glasgow vs. Progressive Die Company Case Number 2014-2517 SHERIFF'S RETURN OF SERVICE 05/06/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Progressive Die Company, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 1 Taylor Boulevard, Silver Spring Township, New Kingston, PA 17072. The building at this address appears to be vacant and per the the New Kingston Postmaster the defendant is now residing at 217 White Street, Jacksonville, North Carolina 28546. SHERIFF COST: $36.37 SO ANSWERS, May 06, 2014 RONR ANDERSON, SHERIFF (c) CauntySuito Sheriff, Teleosoft, inc. Edward R. Kennett, Esquire KATHERMAN, BRIGGS & GREENBERG 7 East Market Street York, PA 17401 717-848-3838 I.D. No. 69072 Attorney for Plaintiffs 4//149- 1')4 'VD e©184 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLEE A. GLASGOW and MICHAEL T. GLASGOW Plaintiffs CI No. 14-2517 v. PROGRESSIVE SERVICE DIE COMPANY and GEORGE FRANCE JURY TRIAL DEMANDED Defendants PROOF OF SERVICE TO THE PROTHONOTARY: The Complaint was served upon Defendant George France of 217 White Street, Jacksonville, North Caroline 28546 via U.S. Certified Mail, pursuant to PA.R.Civ.P §405(c). The return receipt is attached hereto as Exhibit "A". Date: 51-7//y By: Respectfully submitte KATHERMAN, B ENBERG Ed - . rd R. Kennett, Esquire ast Market Street York, PA 17401 717-848-3838 I.D. No. 69072 Attorney for Plaintiffs EXHIBIT A SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Cevoq� �rCLY1lk 21 JJuJtni it 5f2.ei Jack,sonvi Ile,, NC. c2 5y-0 COMPLETE THIS SEC rh7N ON DELIVERY 5111/110 ❑ Agent ❑ Addressee ...Date of Deliv �y �. Is delivery ad ss differ from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type K.Certified Mello ❑ Registered ❑ Insured Mail ❑ Priority Mail Express"' ❑ Return Receipt for Merchandise ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service Labe( 1Oocit , ao4001 7)901 lyOc. PS Form 3811; July 2013 Domestic Return Receipt CERTIFICATE OF SERVICE I, Edward R. Kennett, hereby certify that a true and correct copy of the foregoing document was served via U.S. Mail on May 7, 2014 to: Date: S % (`f Progressive Service Die Company 1 Taylor Boulevard New Kingston, PA 17072 and George France 217 White Street Jacksonville, NC 28546 By: Respectfully submitted, KATHEENBERG Kennett, Esquire 7 East Market Street York, PA 17401 717-848-3838 I.D. No. 69072 Attorney for Plaintiffs David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLEE A. GLASGOW and MICHAEL T. GLASGOW, Plaintiff v. PROGRESSIVE SERVICE DIE COMPANY and : GEORGE FRANCE, Defendants CIVIL ACTION - LAW No. 14-2517 ,? c� A C-)) �x C PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants. Papefs may be served at the address set forth above. Respectfully submitted, WALTERS & LOWAY, PLLC David R Galloway/#87326 Counsel for Defe dants CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Praecipe for Entry of Appearance on this date, upon counsel for Plaintiff by first-class mail, postage pre -paid, addressed as follows: IZ Date: May/ , 2014 Edward R. Kennett, Esquire KATHERMAN, BRIGGS & GREENBERG 7 East Market Street York, PA 17401 By: David R. Galloway Counsel for Defen nts IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KIMBERLEE A. GLASGOW and MICHAEL T. GLASGOW 110 Nebinger Street Lewisberry, PA 17339 Plaintiff CI No. 14-2517 V. PROGRESSIVE SERVICE DIE COMPANY 1 Taylor Boulevard New Kingston, PA 17072 JURY TRIAL DEMANDED Defendants ACCEPTANCE OF SERVICE I hereby accept the service of the Complaint on behalf of Progressive Service Die Company and certify that I am authorized to accept service on their behalf. Respectfully submitted, r , Date: By: David R. Gallow- , Esquire 54 E. Main Stree Mechanicsburg, PA 17055 (717) 697-4650 Attorney for Defendants CERTIFICATE OF SERVICE I, Edward R. Kennett, hereby certify that a true and correct copy of the foregoing document was served via U.S. Mail on May 22, 2014 to: David R. Galloway, Esquire Law Office of David R. Galloway 54 E. Main Street Mechanicsburg, PA 17055 By: Respectfully sub KATHERMAN ENBERG E d R. Kennett, Esquire East Market Street York, PA 17401 717-848-3838 I.D. No. 69072 Attorney for Plaintiffs David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main. Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLEE A. GLASGOW and MICHAEL T. GLASGOW, Plaintiff v. PROGRESSIVE SERVICE DIE COMPANY and : GEORGE FRANCE, Defendants CIVIL ACTION - LAW No. 14-2517 ANSWER WITH NEW MATTER C) G2 '4 c— rn+ c)t T NOTICE TO PLEAD: TO: KIMBERLEE A. GLASGOW and MICHAEL T. GLASGOW, Plaintiffs, by and through their attorney, EDWARD R. KENNETT, ESQUIRE You are hereby notified to file a written response to the enclosed New Matter of Defendants within twenty (20) days from service hereof or a judgment may be entered against you. ANSWER AND NOW, comes Plaintiff, by and through its attorney, David R. Galloway, Esquire, and files this Complaint and in support avers as follows: 1. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this Paragraph. 2. Admitted in part and denied in part. Defendant George France (hereinafter "France") is an adult individual employed by Defendant Progressive Service and Die Company (hereinafter "Progressive"). Progressive has a principal mailing address of 217 White St., Jacksonville, NC 28546 and is the record owner of a building at 1 Taylor Boulevard, New Kingstown, PA 17072 (hereinafter the "Premises"). 3. Denied. To the contrary, Progressive is a corporation organized under the laws of the State of Missouri, registered with the Pennsylvania Department of State with a primary mailing address of 217 White Street, Jacksonville, North Carolina, 28546. Progressive is the record owner of the Premises whichit leases to Jeff Longenecker d/b/a Intuit Sports, Inc. (hereinafter "Longenecker"). 4-7. Denied pursuant to Pa.R.Civ.P. 1029(e). 8. Denied. To the contrary, responding Defendants neither created, instructed nor had knowledge of the wooden box referenced in this Paragraph. 9-10. Denied pursuant to Pa.R.Civ.P. 1029(e). 11-15. The allegations contained in these Paragraphs are conclusions of law to which no response is necessary. To the extent a response is necessary, Defendants neither created nor had knowledge of the alleged dangerous condition referenced in Plaintiff's Complaint. 16. Paragraphs 1-15 inclusive are incorporated herein by reference as though set forth at length. 17-18. The allegations contained in these Paragraphs are conclusions of law to which no response is necessary. To the extent a response is necessary, Defendants neither created nor had knowledge of the alleged dangerous condition referenced in Plaintiff's Complaint. 19. Paragraphs 1-18 inclusive are incorporated herein by reference as though set forth at length. 20. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this Paragraph. 21. The allegations contained in these Paragraphs are conclusions of law to which no response is necessary. To the extent a response is necessary, Defendants neither created nor had knowledge of the alleged dangerous condition referenced in Plaintiff's Complaint. WHEREFORE, Defendants respectfully request this Honorable Court dismiss Plaintiffs' Complaint and enter Judgment in favor of Defendants, plus costs of this action, and any other relief as this Court deems just and reasonable. NEW MATTER 22. Paragraphs 1-21 of Defendants' Answer are incorporated herein by reference as though set forth at length. 23. France is not an owner, record or otherwise, of the Premises. 24. France is an officer of Progressive and as such is not personally liable for the alleged actions of the corporation. 25. Sometime around March, Progressive permitted Independence Antique Brick Company to utilize the Premises. Shortly thereafter, Progressive permitted Longenecker to utilize the Premises. Both agreements were oral. 26. Upon information and belief, on or about December 9, 2013, Longenecker invited a girls' softball group, PA Triple Threat Fastpitch, to use the Premises as a practice center. 27. At all times material hereto, Defendants were not in possession or control of the Premises. 28. At all times material hereto, Independence Antique Brick Company and Longenecker were in custody and control of the Premises. 29. To the extent Plaintiffs suffered any harm, which is denied, that harm is a result of conduct of Plaintiff or of others which Defendants had no control. 30. To the extent Plaintiff suffered any harm, which is denied, that harm is not the result of the conduct of Defendants. 31. Plaintiffs' claims are barred by the doctrines of collateral estoppel or res judicata. 32. Plaintiffs have failed to state a cause of action for which relief can be granted. 33. Plaintiffs' claims are barred by the applicable statute of limitations. WHEREFORE, Defendants respectfully request this Honorable Court dismiss Plaintiffs' Complaint and enter Judgment in favor of Defendants, plus costs of this action, and any other relief as this Court deems just and reasonable. Respectfully Submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Defendants VERIFICATION I verify that the facts set forth in this Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S § 4909, relating to unsworn falsification to authorities. I am authorized to make this verification on behalf of Progressive Service Die Co., because of my position as Vice -President. Date: July , 2014 George Franc David R. Galloway Attorney I.D. No. 87326 WALTERS & GALLOWAY, PLLC 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLEE A. GLASGOW and MICHAEL T. GLASGOW, Plaintiff v. PROGRESSIVE SERVICE DIE COMPANY and : GEORGE FRANCE, Defendants CIVIL ACTION - LAW No. 14-2517 CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Answer with New Matter on this date, upon counsel for Plaintiffs by first-class mail, postage pre -paid, addressed as follows: Date: July i0 , 2014 Edward R. Kennett, Esquire KATHERMAN, BRIGGS & GREENBERG 7 East Market Street York, PA 17401 Respectfully submitted, WALTERS & GALLOWAY, PLLC By: David R. Galloway Counsel for Defenda is David R. Galloway WALTERS & GALLOWAY, PLLC Attorney I.D. No. 87326 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLEE A. GLASGOW and c::::‘ c7 - -; MICHAEL T. GLASGOW, c ..� Plaintiff CIVIL ACTION - LAW -0 c m-N:x":x No. 14-2517 x c ,' V. (Ar— 1•4 •<X7'c) -=+n PROGRESSIVE SERVICE DIE COMPANY and : <C) �° C) .1 v r- ac z �=-, GEORGE FRANCE, z = r ter' Defendants zi PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please include the attached Verification signed by George France, Individually, to the Answer with New Matter filed July 18, 2014. Respectfully submitted, W & LLOWAY, PLLC By: David R. Gallow., #87326 Counsel for Plaintiff CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Praecipe to Attach Verification on this date, upon counsel for Plaintiff, by first-class mail, postage pre -paid, addressed as follows: Date: July QS, 2014 Edward R. Kennett, Esquire KATHERMAN, BRIGGS & GREENBERG 7 East Market Street York, P By: David R. Galloway Counsel for Defe ants David R. Galloway WALTERS & GALLOWAY, PLLC Attorney I.D. No. 87326 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717) 697-4650 Counsel for Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLEE A. GLASGOW and MICHAEL T. GLASGOW, Plaintiff v. PROGRESSIVE SERVICE DIE COMPANY and : GEORGE FRANCE, Defendants CIVIL ACTION - LAW No. 14-2517 PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please include the attached Verification signed by George France, Individually, to the Answer with New Matter filed July 18, 2014. Y Respectfully submitted, & LLOWAY, PLLC By: David R. Gallow. #87326 Counsel for Plaintiff CERTIFICATE OF SERVICE I, David R. Galloway, certify I served a copy of the within Praecipe to Attach Verification on this date, upon counsel for Plaintiff, by first-class mail, postage pre -paid, addressed as follows: Date: July QS, 2014 Edward R. Kennett, Esquire KATHERMAN, BRIGGS & GREENBERG 7 East Market Street York, P By: David R. Galloway Counsel for Defe . ants