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HomeMy WebLinkAbout05-5336IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 5-336 - 2005 Civil Action - (XX) Law ( ) Equity Barbara Mixell and Richard Mixell, her husband 335 Old Mill Road Carlisle, PA 17013, Plaintiffs V. of Attorney Court ID No. 72663 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to C )Attorney (XX )Sheriff Steohen G. Held. Esquire 1300 Linglestown Road Harrisburg. PA 17110 (717) 238-2000 Name/Address/Telephone No of Attorney TO THE ABOVE NAMED DEFENDANTS: Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased 755 Centerville Road Newville, PA 17241, Defendant Date: October 11. 2005 WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HA COMMENCED ACTION AGAINST YOU. byotb notary Date: ( ) Check here if reverse is used for additional information Deputy PROTHON. - 55 ?. `v? V "d ?- -,.s ?? <-r i' 'C; '; n't ?? ?. 1 ?, ?? c '> C'? N v ?? .l rT ? ?-'. iJ L ,?. ,:: t-r ??= ?:? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, CIVIL DIVISION NO. 5336 - 2005 V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 V. (Jury Trial Demanded) NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. 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 & Skeel, L.L.P., on behalf of the Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, deceased, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: I vin . Rauch, Esquire Counsel for Defendant 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 day of '2005. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Rauch, Esquire for Defendant M. r , r•> I:7 C_J Y" T7 C.In CO J' CD SHERIFF'S RETURN - REGULAR CASE NO: 2005-05336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIXELL BARBARA ET AL VS MALLIOS NICHOLAS EXEC EST OF BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MALLIOS NICHOLAS C EXEC OF ESTATE OF CHARLES MALLIOS the DEFENDANT , at 0932:00 HOURS, on the 27th day of October 2005 at 755 CENTERVILLE ROAD NEWVILLE, PA 17241 by handing to LINDA MALLIOS, WIFE a true and attested copy of WRIT OF SUMMONS _ together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 11.52 Postage .37 Surcharge 10.00 nn So Answers: s J I . V J Sworn and Subscribed to before ti me ?this day of ?ZDCSI A.D. Pro otar 10/28/2005 % HANDLER HENNING RO NBERG i By: el A Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, CIVIL DIVISION NO. 5336 - 2005 v. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Barbara Mixell and Richard Mixell, her husband, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & $'KE , L.L.P. By: K vin D. Rauch, Esquire Counsel for Defendant 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. N_Ipil to counsel of record via first class mail, postage pre-paid, this AA&ay of V 'V 2005. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, MCDONNELL, HUDOCK, GUTHRIE &IKEE,k7 L.L.P. By: Kelvin D. Rauch, Esquire Counsel for Defendant -? ("i it _? - C.:: ,_. , _ ' !' ? C:-> ' ?t i . . a .-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 V. (Jury Trial Demanded) NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. RULE AND NOW, this , day of ;/?)Lv)' ng Lfi2 2005, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this ZP4?-day of 2005. r? P nota BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO.: 5336-2005 :CIVIL ACTION - LAW :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 a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH! BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLER HENNI_NG & ROSENBERG, LLP j3,teWeYi G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO.: 5336-2005 :CIVIL ACTION - LAW :JURY TRIAL DEMANDED 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 acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 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 acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n 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 O VAYAA 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 O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLE ENN,tNG & ROSENBERG, LLP By tephen G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 BARBARA MIXELL, and :IN THE COURT OF COMMON PLEAS RICHARD MIXELL, her husband, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. :NO.: 5336-2005 NICHOLAS C. MALLIOS, Executor of :CIVIL ACTION - LAW the Estate of CHARLES MALLIOS, Deceased, :JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, come the Plaintiffs, Barbara Mixell and Richard Mixell, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and make the within Complaint against the Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, and aver as follows: 1. Plaintiff, Barbara Mixell, is an adult individual currently residing at 335 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Plaintiff, Richard Mixell, is an adult individual currently residing at 335 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, is an adult individual currently residing at 755 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 4. At all times material hereto, Plaintiff, Barbara Mixell, was the owner and operator of a 1995 Ford, bearing Pennsylvania Registration Plate Number EMA4019. (hereinafter referred to as "Plaintiffs' vehicle"). 5. At all times material hereto, Charles Mallios, Deceased, was the owner and operator of a 2002 Mercedes, bearing Pennsylvania Registration Plate Number PAPPOU (hereinafter referred to as "Defendant's vehicle") 6. At the time of the collision, Plaintiff, Barbara Mixell„ was insured under a motor vehicle policythrough Nationwide Insurance Company. Plaintiff was covered bythe Full Tort Option. 7. On or about November 15, 2003, at approximately 3:15pm, Plaintiffs' vehicle, was proceeding southbound, along the 300 block of South Hanover Street in the West side lane in Carlisle Borough, Cumberland County, Pennsylvania. 8. On or about November 15, 2003, at approximately 3:15pm, Defendant's vehicle, was emerging from the Triangle Car Wash located along the 400 block of South Hanover Street. 9. At approximately the same time and place, as Plaintiffs' vehicle was lawfully proceeding along South Hanover Street, Defendant's vehicle suddenly and without warning failed to stop for traffic on South Hanover Street and drove into the path of and violently collided with Plaintiffs' vehicle. 10. As a direct and proximate result of the negligence of Defendants, the Plaintiff, Barbara Mixell, sustained serious and extensive injuries as set forth more specifically below. COUNT I - NEGLIGENCE BARBARA MIXELL v. NICHOLAS C. MALLIOS, EXECUTOR OF THE ESTATE OF CHARLES MALLIOS. DECEASED 11. Paragraphs 1 through 10 are incorporated herein as ilf set forth at length. -2- 12. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Barbara Mixell, were caused directly and proximately by the negligence of Charles Mallios, Deceased, more specifically, as set forth below: a. In failing to yield the legal right-of-way to Plaintiffs' vehicle in, violation of 75 Pa.C.S.A. § 3324; b. In failing to be reasonably vigilant to observe Plaintiffs' vehicle; C. In failing to properly and adequately observe the traffic conditions then and there existing;; d. In driving in a careless manner in violation of 75 Pa. C.S.A. § 3714; e. In failing to operate said vehicle in such a manner that would allow Defendant to apply the brakes and stop before colliding with Plaintiffs' vehicle; f. In failing to operate Defendant's vehicle under proper and adequate control so that Defendant could avoid striking Plaintiffs' vehicle; g. In failing to keep a proper lookout for vehicles lawfully proceeding on South Hanover Street; h. In driving Defendant's vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; i. In negligently driving Defendants' vehicle onto the South Hanover Street without properly stopping; j. In failing to exercise the high degree of care required of a motorist entering -3- a roadway; and k. In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing. 13. As a direct and proximate result of Charles Mallios', Deceased, negligence, Plaintiff, Barbara Mixell, sustained severe injuries, including, but not limited to, a leg contusion and low back pain. 14. As a direct and proximate result of the Charles Mallios', Deceased, negligence, Plaintiff, Barbara Mixell, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 15. As a direct and proximate result of the Charles Mallios', Deceased, negligence, Plaintiff, Barbara Mixell, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 16. As a direct and proximate result of the Charles Mallios', Deceased, negligence, Plaintiff, Barbara Mixell, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 17. As a direct and proximate result of the Charles Mallios', Deceased, negligence, Plaintiff, Barbara Mixell, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 18. As a direct and proximate result of the Charles Mallios', Deceased, negligence, -4- Plaintiff, Barbara Mixell, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 19. Plaintiff, Barbara Mixell, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Barbara Mixell, seeks damages from Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. COUNT II - LOSS OF CONSORTIUM RICHARD MIXELL v. NICHOLAS C. MALLIOS, EXECUTOR OF THE ESTATE OF CHARLES MALLIOS, DECEASED 20. Paragraphs 1 through 19 above are incorporated herein as if set forth at length. 21. At all times material to this action, Plaintiffs, Barbara Mixell and Richard Mixell, were married as husband and wife. 22. As a direct and proximate result of Charles Mallios', Deceased, negligence, Plaintiff, Richard Mixell, has suffered a loss of consortium, society, and comfort from his wife, Barbara Mixell, and he will continue to suffer a similar, loss in the future. 23. As a direct and proximate result of Charles Mallios', Deceased, negligence, Plaintiff, Richard Mixell, has been compelled, in order to effect a cure for his wife's injuries, to expend moneyfor medicine and medical attention and will be required to expend money for the same purposes in the future, to his great detriment and loss. -5- WHEREFORE, Plaintiff, Richard Mixell, seeks damages from the Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, in an amount in excess of the compulsory arbitration limits of Dauphin County. Date: - I" Respectfully submitted, HANDLER, HENNIING & ROSENBERG, LLP l By: Stephen G. Held, Esquire I.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs -6- VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that 1 gave to counsel, it is true and correct to the best of my knowledge, information, and beiief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.G.P. 2252(d) G.S. Section 4904, relating to unswom falsification to authorities. Date: arbara Mixell VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and, not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unswom falsification to authorities. i Date: / s Richard Mixell c BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 5336-2005 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 10" day of January, 2006, 1 hereby certify that I have served the within document upon Counsel for Defendant by sending a true and correct copy of the same to him via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail. Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Suite 300 Lemoyne, PA 17043 HANDLER, HENNING & IROSENBERG, LLP -? A on k ct- ()JR-?z Maria Wells, Legal Secretary to Stephen G. Held, Esquire - ?? ? ; -„ ?? .?., . - ` >, :, r'• r ? - ,' ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased. Defendant. TO: Plaintiff CIVIL DIVISION NO. 5336-2005 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from ?ervi reoffor a judgment may ter d a cost you. & Skeel, L.L.P. SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #14145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband Plaintiffs, NO. 5336-2005 V. NICHOLAS C. MALLIOS, Executor of (Jury Trial Demanded) the Estate of CHARLES MALLIOS, Deceased. Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1, and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 2. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 2, and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 1 Admitted. 4. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 4, and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 6, and therefore, these allegations are denied and strict proof thereof is demanded at the time of trial. 7. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph7, and therefore, these allegations are denied and strict proof thereof is demanded at the time of trial. 8. Admitted. 9. It is admitted that a collision occurred between the parties' respective vehicles on the date, time, and place in question. The remaining allegations of Paragraph 9 are denied pursuant to the Pa.R.C.P. 1029(d) and (e) and strict proof thereof is demanded at the time of trial. 10. Paragraph 10 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. 11. In response to Paragraph 11, the Defendant reiterates and repeats all of the responses in Paragraphs 1 through 10 as if fully set forth at length herein. 12. Paragraph 12 states legal conclusions 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. 13. Paragraph 13 states legal conclusions 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 states legal conclusions 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. 15. Paragraph 15 states legal conclusions 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. 16. Paragraph 16 states legal conclusions 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. 17. Paragraph 17 states legal conclusions 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. 18. Paragraph 18 states legal conclusions 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. 19. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth or the allegations of Paragraph 19, and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. 20. In response to Paragraph 20, the Defendant reiterates and repeats all of the responses in Paragraphs 1 through 19, as if fully set forth at length herein. 21. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth or the allegations of Paragraph 21, and therefore, these allegations are denied and strict proof thereof is demanded at the time of trial. 22. The allegations of Paragraph 22 are 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. 23. The allegations of Paragraph 23 are 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, Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 24. 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. 25. Some and/or all of Plaintiffs' 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. 26. To the extent that the Plaintiffs have selected the limited tort option or are 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 Plaintiffs' ability to recover non-economic damages. 27. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Nicholas, C. Mallios, Executor of the Estate of Charles Mallios, Deceased, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE &,SKEEL L.L.P. Ke in D. Rauch, Esquire Counsel for Defendant 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: 7 Fe 3 C (41 Nicho s C. Mallios, Execu r of the Est to of Charles Mallio Deceased #14145 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has bee mailed by U.S. Mai counsel of record via first class mail, postage pre-paid, this( day of !z- 2006. Z'17 1 Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & WEEL K¢vin D. Rauch, Esquire Counsel for Defendant ..? ?> -rl ry `? -??'. 1 ?:.? ! r l _ f_,? i;i ? L Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD(@HHRLAW.COM BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 5336-2005 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AND NOW, come the Plaintiffs, Barbara and Richard Mixell, in their own right, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, who answers New Matter of Defendant as follows: 24. Admitted in part; denied in part. It is admitted that the motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law. However, it is denied that Defendant correctly pled affirmative defenses as they have done in 1 paragraph 24. The rules of pleading under the Pennsylvania Rules of Civil Procedure clearly outline the procedures in which to plead affirmative defenses. 25. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiffs are not entitled to claim damages other than economic detriment. 26. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied that Plaintiffs have selected limited tort. Furthermore, it is denied that the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law bar the Plaintiffs ability to recover non-economic damages. 27. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that this matter is barred by any statute of limitations. Respectfully submitted, Date: HANDLER, HENNING & ROSENBERG, LLP By: Ste a G. Held, Esquire I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 2 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) STEPHEN G. HELD, ESQUIRE, states that he is the attorney forthe party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: 1,14 STEPHEN G. HELD, ESQUIRE BARBARA MIXELL, and : IN THE COURT OF COMMON PLEAS RICHARD MIXELL, her husband, . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO.: 5336-2005 NICHOLAS C. MALLIOS, Executor of CIVIL ACTION - LAW the Estate of CHARLES MALLIOS, Deceased, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE AND NOW, this 14`h day of February, 2006, 1 hereby certify that I have served the within document upon Counsel for Respondent by sending a true and correct copy of the same to him via First Class United States mail, postage prepaid, and addressed as follows: First Class U. S. Mail: Kevin D. Rauch, Esq. Andrew Zeiter, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Suite 300 Lemoyne, PA 17043 HANDLER, HENNING & ROSENBERG, LLP " Ma m o WeDL,,) Maria Wells, Legal Secretary to Stephen G. Held, Esquire J ?1 _1 T, ? ? tJ '. ._ -.' t-?. y .• ? (:` w. r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, CIVIL DIVISION NO. 5336 - 2005 V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. V. TRIANGLE CAR WASH, Inc. Additional Defendant. PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 V. (Jury Trial Demanded) NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. V. TRIANGLE CAR WASH, Inc. Additional Defendant. PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT TO: Prothonotary: Kindly issue a Writ of Summons joining Triangle Car Wash, Inc. as an Additional Defendant in the above-captioned action. Triangle Car Wash, Inc. 973 East Main Street Palmyra, PA 17078 JURY TRIAL DEMANDED Respectfully submitted, SUMMERS.McDONNEL, HUDOCK, GUTHM SKEEL, L .P. for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of 2006. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE 84 SKEEL, L.L.P. n D. Rauch, Esquire nsel for Defendant Cumberland County, ss : The Commonwealth of Pennsylvania to TRIANGLE CAR WASH INC. (Marne of Additional Defendant) You are notified that NICHOLAS C. MALLIOS EXECUTOR OF THE ESTATE OF (Name (s) of Defendant (s) ) CHARLES MALLIOS, DECEASED has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date MARCH 9 2006 /_s/ MRTIS R LCYC PLrodroon{ootaa/ryyJ DefuY - (SEAL) TRIANGLE CAR WASH, INC. 973 EAST MAIN STREET PALMYRA, PA 17078 v J yHy r yd.{ \D ? LTl J 'b z ?„/ 1 o ? 'u)q y ul P4 o FC1 - H O o W C c [] O ro?? Z C? ?x5 z? Z H a ?I wl ?I r J ° J co H [H? t" x z 8 R z 02 n r ? 0 z O 3 L•J [7 H y? 9 ti ?Ln w rn n H H ILI I to ORIGINAL GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR ADDITIONAL DEFENDANT, Triangle Car Wash, Inc. BARBARA MLXELL AND RICHARD MIXELL Plaintiffs V. NICHOLAS C. MALLIOS, EXECUTOR OF THE ESTATE OF CHARLES MALLIOS Defendant, V. TRIANGLE CAR WASH, INC Additional Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-5336 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Additional Defendant, Triangle Car Wash, Inc., in the above-captioned matter. Date: `J Od ?j By: ? Jn? e ? gory E. Cassimatis, Esquire Attorney for Additional Defendant, Triangle Car Wash, Inc. CERTIFICATE OF SERVICE AND NOW, this L day of 4,1 , 2006, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Triangle Car Wash, Inc., hereby certify that I served a copy of the within Praecipe for Entry of Appearance on this date by depositing same in the United States mail, postage prepaid in Mechanicsburg, Pennsylvania, addressed to: Kevin D. Rauch, Esquire Summers, McDonnell, Haddock, Guthrie and Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Stephen G. Held, Esquire Handling, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 By: Gregory Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 , ?:? '; ?? ;??. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant TO: Plaintiffs and Additional Defendant You are hereby notified to file a written response to the enclosed Complaint to Join Additional Defendant within twenty (20) days from service hereof or a judgment may be entered against you. Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. CIVIL DIVISION NO. 5336 - 2005 COMPLAINT TO JOIN ADDITIONAL DEFENDANT, TRIANGLE CAR WASH, INC. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant. (Jury Trial Demanded) COMPLAINT TO JOIN ADDITIONAL DEFENDANT AND NOW, comes the Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, deceased, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the within Complaint to Join Additional Defendant, and in support thereof avers as follows: 1. THE PARTIES 1. The Plaintiffs, Barbara Mixell and Richard Mixell, her husband, are individuals residing at 335 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, deceased, is an individual residing at 755 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. s 3. The Additional Defendant, Triangle Car Wash, Inc. (hereinafter "Triangle"), is a corporation organized and existing under the laws of the State of Pennsylvania and authorized to transact business in the Commonwealth of Pennsylvania, with their principal place of business at 973 East Main Street, Palmyra, Lebanon County, Pennsylvania 17078. II. BACKGROUND FACTS 4. On or about November 15, 2003, Charles Mallios was the owner and operator of a 2002 Mercedes Benz, Model S430, having a Pennsylvania Registration Plate PAPPOU, which was owned by Charles Mallios. 5. At that time, the Plaintiff, Barbara Mixell, was the operator of a 1995 Ford Explorer, having Pennsylvania Registration Plate EMA-4019, which was owned by the Plaintiffs. 6. On the above date, Charles Mallios was a patron at the Triangle Car Wash located at 400 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 7. On or about the same time and place, Mr. Mallios was having his car hand-dried by employees/agents of Triangle Car Wash. Said employees were acting within the course and scope of their employment with Triangle. 8. On or about the same time and place, an employee/agent of Triangle Car Wash suddenly, and without warning, yelled at Charles Mallios to "go!" At that time, there were multiple motor vehicles parked on the property of Triangle Car Wash which obstructed Charles Mallios' view from northbound South Hanover Street in Carlisle, Pennsylvania. 9. Charles Mallios, being startled by such a gesture and on such basis alone, accelerated from the parking lot of Triangle Car Wash and into moving traffic. 10. A collision then occurred between Charles Mallios' motor vehicle and the motor vehicle being operated by the Plaintiff, Barbara Mixell. Such collision is the basis of the underlying lawsuit. 11. The Plaintiff filed a Complaint in Cumberland County, Pennsylvania, which was served upon the Defendant on January 10, 2006. (A true and correct copy of the Complaint is attached hereto as Exhibit "A".) 12. The Defendant filed an Answer and New Matter to the Plaintiffs' Complaint on February 9, 2006. (A true and correct copy of the Defendant's Answer and New Matter is attached hereto as Exhibit "B".) III. COUNT I - NEGLIGENCE A. RESPONDEAT SUPERIOR BARBARA MIXELL AND RICHARD MIXELL. HER HUSBAND, v. NICHOLAS C. MALLIOS, EXECUTOR OF THE ESTATE OF CHARLES MALLIOS, DECEASED v. TRIANGLE CAR WASH, INC. 13. The allegations set forth in Paragraphs 1 through 12 are incorporated by reference as if fully set forth at length herein. 14. If the Plaintiff sustained the injuries and damages as alleged in the Complaint, which is not admitted, then it is averred and believed that said injuries and damages were the direct and proximate result of the carelessness, negligence, recklessness, willfulness, and/or wantonness of Additional Defendant, Triangle Car Wash, Inc., and in the following particulars: 4 (a) In allowing an employee/agent to wrongfully direct a motorist as a patron of Triangle to proceed onto a roadway laned for traffic when it was unsafe to do so; (b) In causing the existence and/or creation of an unsafe and dangerous situation at an area of ingress and egress onto a roadway laned for traffic; (c) In failing to properly warn unsuspecting motorists of an unsafe and dangerous situation at said area; (d) In failing to exercise reasonable care in the control of its employees/agents from conducting themselves in a manner which created an unreasonable risk of bodily harm to others; and (e) In permitting and/or failing to prevent the negligent conduct by employees/agents upon the premises and/or with instrumentalities under its control. 15. In the event that the Plaintiff is entitled to recover, which right of recovery is specifically denied, then the Additional Defendant, Triangle Car Wash, Inc., is liable to the Plaintiff or is liable over to this Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, deceased, for contribution and/or indemnity. WHEREFORE, Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, deceased, joins Triangle Car Wash, Inc., as an Additional Defendant, as being solely liable to Plaintiff or liable over to Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, deceased, for contribution or full indemnification on any and all sums recoverable under the cause of action asserted in the Plaintiffs' Complaint. IV. COUNT 11- NEGLIGENCE B. NEGLIGENT HIRING/SUPERVISION BARBARA MIXELL AND RICHARD MIXELL. HER HUSBAND, v. NICHOLAS C. MALLIOS, EXECUTOR OF THE ESTATE OF CHARLES MALLIOS, DECEASED v. TRIANGLE CAR WASH, INC. 16. The allegations set forth in Paragraphs 1 through 15 are incorporated by reference as if fully set forth at length herein. 17. If the Plaintiff sustained the injuries and damages as alleged in the Complaint, which is not admitted, then it is averred and believed that said injuries and damages were the direct and proximate result of the carelessness, negligence, recklessness, willfulness, and/or wantonness of Additional Defendant, Triangle Car Wash, Inc., and in the following particulars: (a) In failing and or negligently training, supervising, and retaining its employees/agents; (b) In allowing an employee/agent to wrongfully direct a motorist as a patron of Triangle to proceed onto a roadway laned for traffic when it was unsafe to do so; (c) In causing the existence and/or creation of an unsafe and dangerous situation at an area of ingress and egress onto a roadway laned for traffic; (d) In failing to properly warn unsuspecting motorists of an unsafe and dangerous situation at said area; (e) In failing to exercise reasonable care in selecting, supervising, and or controlling its employees/agents; and (f) In hiring and or retaining employees/agents it knew or should have known were dangerous, careless, and or incompetent and by reason of such hiring and or retaining might create a situation where the employees'/agents' conduct might harm a third person. 18. In the event that the Plaintiff is entitled to recover, which right of recovery is specifically denied, then the Additional Defendant, Triangle Car Wash, Inc., is liable to the Plaintiff or is liable over to this Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, deceased, for contribution and/or indemnity. WHEREFORE, Defendant, Nicholas C. Mallios, Executor of the Estate'of Charles Mallios, deceased, joins Triangle Car Wash, Inc., as an Additional Defendant, as being solely liable to Plaintiff or liable over to Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, deceased, for contribution or full indemnification on any and all sums recoverable under the cause of action asserted in the Plaintiffs' Complaint. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. 6 By: 4' -T?>?? Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANT 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 COMPLAINT TO JOIN ADDITIONAL DEFENDANT is that of counsel and not of the Defendant. Defendant has read the COMPLAINT TO JOIN ADDITIONAL DEFENDANT and to the extent that the COMPLAINT TO JOIN ADDITIONAL DEFENDANT 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 COMPLAINT TO JOIN ADDITIONAL DEFENDANT 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: ate oc. ?_ ?"'-? Nich s C. Mallios, E the Este of Charles of deceased #14145 ? r. BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVA'AIA° :NO.: 5336-2005 :CIVIL ACTION - LAW :JURY TRIAL DEMANDED NOTICE Tl Z'r? (M nib - CD? a Cn C'n c 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 NiOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLER HENNING & ROSENBERG, LLP By bite M&i G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs V. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO.: 5336-2005 NICHOLAS C. MALLIOS, Executor of :CIVIL ACTION - LAW the Estate of CHARLES MALLIOS, Deceased, :JURY TRIAL DEMANDED Defendant 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 acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte par 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 la demanda o cualquier otra reclamaci6n 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 O VAYAA 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 O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 HANDLE"ENNING & ROSENBERG, LLP By Stephen G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg, PA 17110 BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO.: 5336-2005 :CIVIL ACTION - LAW :JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Barbara Mixell and Richard Mixell, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and make the within Complaint against the Defendant, Nicholas ',C. Mallios, Executor of the Estate of Charles Mallios, Deceased, and aver as follows: 1 2 3. 4. Plaintiff, Barbara Mixell, is an adult individual currently residing at 335 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff, Richard Mixell, is an adult individual currently residing at 335 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17013. Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, is an adult individual currently residing at 755 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. At all times material hereto, Plaintiff, Barbara Mixell, was the owner and operator of a 1995 Ford, bearing Pennsylvania Registration Plate Number IEMA4019. (hereinafter referred to as "Plaintiffs' vehicle"). 5. At all times material hereto, Charles Mallios, Deceased, was the owner and operator of a 2002 Mercedes, bearing Pennsylvania Registration Plate Number PAPPOU (hereinafter referred to as "Defendant's vehicle"). 6. At the time of the collision, Plaintiff, Barbara Mixell, was insured under a motor vehicle policythrough Nationwide Insurance Company. Plaintiff was covered bythe Full Tort Option. 7. On or about November 15, 2003, at approximately 3:15pm, Plaintiffs' vehicle, was proceeding southbound, along the 300 block of South Hanover Street in the West side lane in Carlisle Borough, Cumberland County, Pennsylvania. 8. On or about November 15, 2003, at approximately 3:15pm, Defendant's vehicle, was emerging from the Triangle Car Wash located along the 400 block of South Hanover Street. 9. At approximately the same time and place, as Plaintiffs' vehicle was lawfully proceeding along South Hanover Street, Defendant's vehicle suddenly and without warning failed to stop for traffic on South Hanover Street and drove into the path of and violently collided with Plaintiffs' vehicle. 10. As a direct and proximate result of the negligence of Defendants, the Plaintiff, Barbara Mixell, sustained serious and extensive injuries as set forth more specifically below. COUNT I - NEGLIGENCE BARBARA MIXELL v. NICHOLAS C MALLIOS EXECUTOR OF THE ESTATE OF CHARLES MALLIOS DECEASED 11. Paragraphs 1 through 10 are incorporated herein as if set forth at length. -2- 12. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Barbara Mixell, were caused directly and proximately by the negligence of Charles Mallios, Deceased, more specifically, as set forth below: a. In failing to yield the legal right-of-way to Plaintiffs' vehicle in, violation of 75 Pa.C.S.A. § 3324; b. In failing to be reasonably vigilant to observe Plaintiffs' vehicle; C. In failing to properly and adequately observe the traffic conditions then and there existing;; d. In driving in a careless manner in violation of 75 Pa. C.S.A. § 3714; e. In failing to operate said vehicle in such a manner that would allow Defendant to apply the brakes and stop before colliding with Plaintiffs' vehicle; f. In failing to operate Defendant's vehicle under proper and adequate control so that Defendant could avoid striking Plaintiffs' vehicle; g. In failing to keep a proper lookout for vehicles lawfully proceeding on South Hanover Street; h. In driving Defendant's vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; L In negligently driving Defendants' vehicle onto the South Hanover Street without properly stopping; j. In failing to exercise the high degree of care required of a motorist entering -3- a roadway; and k. In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing. 13. As a direct and proximate result of Charles Mallios', Deceased, negligence, Plaintiff, Barbara Mixell, sustained severe injuries, including, but not limited to, a leg contusion and low back pain. 14. As a direct and proximate result of the Charles Mallios', Deceased, negligence, Plaintiff, Barbara Mixell, has suffered great physical pain, discomfort,,and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment lnd loss. 15. As a direct and proximate result of the Charles Mallios', Deceased, negligence, Plaintiff, Barbara Mixell, has suffered lost wages and will in the future (continue to suffer a loss of income and/or loss of earning capacity. 16. As a direct and proximate result of the Charles Mallios', Deceased, negligence, Plaintiff, Barbara Mixell, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 17. As a direct and proximate result of the Charles Mallios', Deceased, negligence, Plaintiff, Barbara Mixell, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 18. As a direct and proximate result of the Charles Mallios', Deceased, negligence, -4- Plaintiff, Barbara Mixell, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 19. Plaintiff, Barbara Mixell, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Barbara Mixell, seeks damages from Defendant, Nicholas C.'Mallios, Executor of the Estate of Charles Mallios, Deceased, in an amount in excess of the compulsory arbitration limits of Cumberland County, Pennsylvania, exclusive of interest and costs. COUNT II - LOSS OF CONSORTIUM RICHARD MIXELL v. NICHOLAS C. MALLIOS. EXECUTOR OF THE ESTATE OF CHARLES MALLIOS. DECEASED 20. Paragraphs 1 through 19 above are incorporated herein as if set forth at length. 21. At all times material to this action, Plaintiffs, Barbara Mixell and Richard Mixell, were married as husband and wife. 22. As a direct and proximate result of Charles Mallios', Deceased, negligence, Plaintiff, Richard Mixell, has suffered a loss of consortium, society, and comfort from his wife, Barbara Mixell, and he will continue to suffer a similar loss in the future. 23. As a direct and proximate result of Charles Mallios', Deceased, negligence, Plaintiff, Richard Mixell, has been compelled, in order to effect a cure for his wife's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to his great detriment and loss. -5- WHEREFORE, Plaintiff, Richard Mixell, seeks damages from the', Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, in an amount in excess of the compulsory arbitration limits of Dauphin County. Date: C> Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Stephen G. Held, Esquire I.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs -6- VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based- on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it'is true and correct to the best of my 6owledcge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied. upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4arbara Mixell VEROCAT a'N THE UNDERSIGNED hereby verifies thafthe statements in the foregoing document are rased on information that was gathered by counsel in preparation of this lawsuit. The language of thelabove-Famed document is of counsel and not myuwn I have read the said document and, to the extent that it is based on information that 1 gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have: relied upon my counsel in pr®paring this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252{d} C.S. Section 4904, relating to unswoim . falsification to authorities. Date:, Richard Mixetl ? BARBARA MIXELL, and IN THE COURT OF COMMON FLEAS RICHARD MIXELL, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO.: 5336-2005 NICHOLAS C. MALLIOS, Executor of CIVIL ACTION - LAW the Estate of CHARLES MALLIOS, Deceased, JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE AND NOW, this 10th day of January, 2006, 1 hereby certify that I have served the within document upon Counsel for Defendant by sending a true and correct copy of the same to him via First Class United States mail, postage prepaid, and address d as follows: First Class U. S. Mail. Kevin D. Rauch, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 1017 Mumma Road Suite 300 Lemoyne, PA 17043 HANDLER, HENNING & ROSENBERG, LLP Maria Wells, Legal Secretary to Stephen G. Held, Esquire ` V C7 O _Y ri ?` ril 7XI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, CIVIL DIVISION Plaintiffs, V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased. Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from ervi reof Ora judgment may ter d anst you. NO. 5336-2005 ANSWER AND NEW MATTED. (Jury Trial Demanded) Filed ori_Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I . D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband Plaintiffs, V. NO. 5336-2005 NICHOLAS C. MALLIOS, Executor of (Jury Trial Demanded) the Estate of CHARLES MALLIOS, Deceased. Defendant. - - ANSWER AND NEW MATTER AND NOW, comes the Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1, and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 2. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 2, and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 3. Admitted. 4. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 4, and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 6, and therefore, these allegations are denied and strict proof thereof is demanded at the time of trial. 7. After a reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph7, and therefore, these allegations are denied and strict proof thereof is demanded at the time of trial. 8. Admitted. 9. It is admitted that a collision occurred between the parties" respective vehicles on the date, time, and place in question. The remaining allegations of Paragraph 9 are denied pursuant to the Pa.R.C.P. 1029(d) and (e) and' , strict proof COUNT I - NEGLIGENCE BARBARA MIXELL V. NICHOLAS C. MALLIOS. EXECUTOR OF THE CSTATE OF CHARLES MALLIOS. DECEASED 11. In response to Paragraph 11, the Defendant reiterates and repeats all of the responses in Paragraphs 1 through 10 as if fully set forth at length herein. 12. Paragraph 12 states legal conclusions 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. 13. Paragraph 13 states legal conclusions 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 states legal conclusions 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. 15. Paragraph 15 states legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are de ..,? nied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof' thereof is demanded at the time of trial. 16. Paragraph 16 states legal conclusions to which no response its required. -_-= - = the extern --kiowe_-v - erg-that-a-response;is=d-eemeciecessenA--sa-id-avelrmegt?ar - _- denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states legal conclusions 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. 18. Paragraph 18 states legal conclusions 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. 19. After a reasonable investigation, the Defendant is without k0owledge or information sufficient to form a belief as to the truth or the allegations of Paragraph 19, and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. COUNT II - LOSS OF CONSORTIUM BARBARA MIXELL V. NICHOLAS C. MALLIOS EXECUTOR OF THE ESTATE OF and therefore, these allegations are denied and strict proof thereof is demanded at the time of trial. 22. The allegations of Paragraph 22 are 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. 23. The allegations of Paragraph 23 are 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, Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 24. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, at affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 25. Some and/or all of Plaintiffs' 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. 26. To the extent that the Plaintiffs have selected the limited tort option or are d?em?cLtctha?c?eeleoted-fte- imited_torLophon then-this-Defendant-sets-forth- the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. I 27. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Nicholas, C. Mallios, Executor of th Estate of Charles Mallios, Deceased, respectfully requests this Honorable Court ente judgment in his favor and against the Plaintiffs with costs and prejudice imposed. I I Respectfully submitted, SUMMERS, MCDONNELL, HUDOCK, GUTHRIE & EEL L.L.P. By= Ke in D. Rauch, Esquire Counsel for Defendant I I I L 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 hest 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: ? Fe 3 ©cp V Nicho s C. Mallios, Execu r of the Est to of Charles Mallio Deceasbd #14145 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has bee mailed by U.S. Mai counsel of record via first class mail, postage pre-paid, this3 day of , 2006. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL By: K vin D. Rauch, Esquire Counsel for Defendant L CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANT, TRIANGLE CAR WASH, INC., has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of , 2006. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Attorney for Additional Defendant) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant N C? ..ems 4 SHERIFF'S RETURN - OUT OF COUNTY _, CASE NO: 2005-05336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIXELL BARBARA ET AL VS MALLIOS NICHOLAS EXEC EST OF R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: TRIANGLE CAR WASH INC but was unable to locate Them deputized the sheriff of LEBANON serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On April 3rd , 2006 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge Dep Lebanon County 10.00 56.40 R?1 i5n Postage .78 rs: ff of Cumberland County J 2 1 V V 04/03/2006 SUMMERS MCDONNELL HUDOCK Sworn and subscribed to before me this ' day of ?-nG? A.D. Pr onot ry in his bailiwick. He therefore Please mail return of service to Cumberland County Sheriff. Thank you. In The Court of Common Pleas of Cumberland County, Pennsylvania Y Barbara Mixell et al VS Nicholas C. Mallios et al VS. Triangle Car Wash Inc 05-5336 civil No. Now, March 22, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of , 20^ 20_, at o'clock M. served the copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA WRIT TO JOINED AN ADDITIONAL DEFENDANT NO. 05-5336 CIVIL Barbara Mixell and Richard Mixell Ys. Nicholas C. Mallkxk Executor of the Estate of Charles Mallioik Deceased Summers, McDonnell, Huddock, Guthrie and Skeel, L.LP. Kevin D. Rauch, Esquire 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 and Triangle Car Wash, Inc. STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: (Return to Cumberland County Sheriff) Docket Page 23435 William F. Mohl, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within WRIT TO JOINED AN ADDITIONAL DEFENDANT upon TRIANGLE CAR WASH, INC., the within named DEFENDANT, by handing a true and attested copy thereof, personally to Todd Cranford, he being the Manager and Person in Charge at the time of service on March 27, 2006 at 1:35 P.M., at 973 East Main Street, Palmyra (Palmyra Borough), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me SO ANSWERS, this 28"' day of March, 2006 C1- tary Public DEPUTY SSaHeERIFFFF ka 1RiAL R EAL Notal C / KIM9ERLY A.AGROWER. Notary Pudic City cr Lebanon. Lebanon County. Pa. SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 03/23/2006 Check No. 1374 Amount $ 100.00 Costs Incurred: Amount $ 56.40 Refund: Check No. 18504 Amount $ 43.60 All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 ORIGINAL GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 BARBARA MIXELL AND RICHARD MIXELL Plaintiffs V. NICHOLAS C. MALLIOS, EXECUTOR OF THE ESTATE OF CHARLES MALLIOS Defendant, V. TRIANGLE CAR WASH, INC Additional Defendant, ATTORNEY FOR ADDITIONAL DEFENDANT, Triangle Car Wash, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-5336 NICHOLAS C. MALLIOS. EXECUTOR OF THE ESTATE OF CHARLES MALLIOS Additional Defendant, Triangle Car Wash, Inc. by and through its counsel, Gregory E. Cassimatis, Esquire answers the Joinder Complaint of Defendant Nicholas C. Mallios, the Executor of the Estate of Charles Mallios as follows: 1. THE PARTIES 1. After reasonable investigation, the Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 1 of Defendant's Joinder Complaint and said allegations are deemed denied and strict proof thereof demanded. 2. After reasonable investigation, the Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 2 of Defendant's Joinder Complaint and said allegations are deemed denied and strict proof thereof demanded. 3. Admitted. II. BACKGROUND FACTS 4. Admitted on information and belief. 5. Admitted on information and belief. 6. Admitted on information and belief. Denied. After reasonable investigation, the Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 7 of Defendant's Joinder Complaint and the same are deemed denied and strict proof thereof demanded. Denied as a legal conclusion to which no responsive pleading is required and the same is deemed ednied. 8. Denied. After reasonable investigation, the Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 8 of Defendant's Joinder Complaint and the same are deemed denied and strict proof thereof demanded. Denied pursuant to Pa. R.C.P. 1029(e). 9. Denied pursuant to Pa.R.C.P. 1029(e). 10. Admitted on information and belief. 11. Admitted on information and belief. 12. Admitted on information and belief. M. COUNT I - NEGLIGENCE A. RESPONDEAT SUPERIOR BARBARA MIXELL AND RICHARD MIXELL, HER HUSBAND, v. NICHOLAS C. MALLIOS, EXECUTOR OF THE ESTATE OF CHARLES MALLIOS, DECEASED v. TRIANGLE CAR WASH, INC. 13. The Additional Defendant incorporates its answers to Paragraphs I through 12 above by reference as if fully set forth at length. 14. Denied. The allegations contained in Paragraph 14 of Defendant's Joinder Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. To the extent a response is deemed required, paragraphs 14(a)-(e) are specifically denied. 15. Denied. The allegations contained in Paragraph 15 of Defendant's Joinder Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. WHEREFORE, Additional Defendant, Triangle Car Wash, Inc. demands judgment in its favor and against the Defendants and all other parties. IV. COUNT II - NEGLIGENCE B. BARBARA MIXELL AND RICHARD MLXELL, HER HUSBAND, v. NICHOLAS C. MALLIOS, EXECUTOR OF THE ESTATE OF CHARLES MALLIOS, DECEASED v. TRIANGLE CAR WASH, INC. 16. The Additional Defendant incorporates its answers to Paragraphs 1 through 15 above by reference as if fully set forth at length. 17. Denied. The allegations contained in Paragraph 17 of Defendant's Joinder Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. To the extent a response is deemed required, paragraphs 17(a)-(f) are specifically denied. 18. Denied. The allegations contained in Paragraph 18 of Defendant's Joinder Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. WHEREFORE, Additional Defendant, Triangle Car Wash, Inc. demands judgment in its favor and against the Defendants and all other parties. NEW MATTER 19. Plaintiff s claim fails to set forth a cause of action upon which relief can be granted against the answering Additional Defendant. 20. The Additional Defendant asserts any and all available defenses and/or rights pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. § 1701, et. seq. 21. If there was any negligence which caused damages or injuries to the Plaintiffs, such negligence was of other persons, firms, corporations or entities over whom the answering Additional Defendant has no responsibility or right of control and over whose actions answering Additional Defendant is not legally responsible. 22. To the extent that the Plaintiff selected the limited tort option or is deemed to have selected the limited tort option, the Additional Defendant sets forth the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover noneconomic damages. 23. Plaintiffs' Complaint is barred as to the answering Additional Defendant due to the applicable statute of limitations and, therefore, said Additional Defendant has no direct liability to the Plaintiffs. WHEREFORE, Additional Defendant, Triangle Car Wash, Inc. demands judgment in its favor and against the Defendants and all other parties. NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) 24. Additional Defendant, Triangle Car Wash, hic. incorporates herein by reference all well pleaded averments and causes of action as stated by Plaintiffs in their Complaint. The answering Additional Defendant denies all averments of liability, but if, upon adjudication of Plaintiffs' cause of action, it is judicially determined that said Additional Defendant is liable to the Plaintiff, said liability being expressly denied, then said liability would have been caused or contributed to by the negligence, carelessness and recklessness or Co-Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, for which claim is hereby made for contribution and/or indemnity. 25. As the direct and proximate result of the foregoing, Defendant, Nicholas C. Mallios, the Executor of the Estate of Charles Mallios is alone liable to the Plaintiffs or liable over to the Additional Defendant or jointly and severally liable to the Plaintiffs. WHEREFORE, Additional Defendant, Triangle Car Wash, hic. demands indemnity and/or contribution, as the court may deem appropriate in its favor and against Defendant, Nicholas C. Mallios, Executor of the Estate of the Charles Mallios and demands that said Defendant be found solely liable to the Plaintiffs, jointly and severally liable with the Additional Defendant, or liable over to the Additional Defendant as in contribution or indemnity. Date: _ By: aa., Grego assimatis, Esquire Attorney for Additional Defendant, Triangle Car Wash, Inc. VERIFICATION I, Pat Frattaroli, L )J Cb Pf"?Z (title), a representative of the Triangle Car Wash, Inc., the Additional Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) to Defendant's Joinder Complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. To the extent that the contents of the Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) to Defendant's Joinder Complaint are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: Dd G Name: Car Wash, Inc. CERTIFICATE OF SERVICE AND NOW, this 94- day of J one , 2006, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Triangle Car Wash, Inc., hereby certify that I served a copy of the within Answer with New Matter and New Matter Pursuant to Pa. R.C.P. 2252(d) on this date by depositing same in the United States mail, postage prepaid in Mechanicsburg, Pennsylvania, addressed to: Kevin D. Rauch, Esquire Summers, McDonnell, Huddock, Guthrie and Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 Stephen G. Held, Esquire Handling, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 By: Awt- Gregory'V Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 N1 ?J r.) h) ?J 'TL rl ! _._ I 7 1 ?f {1 L J ( a .'....`Irv Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELDeHHRLAW.COM Attorney for Plaintiff BARBARA MIXELL and RICHARD MIXELL, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : No.: 05-5336 NICHOLAS C. MALLIOS, EXECUTOR OF THE ESTATE OF CHARLES MALLIOS, Defendant V. TRIANGLE CAR WASH, INC., Additional Defendant : CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AND NOW, come the Plaintiffs, Barbara and Richard Mixell, in their own right, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen 1 G. Held, Esquire, who answers New Matter of Defendant as follows: 19. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' Complaint does state a cause of action upon which relief may be granted. 20. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, Additional Defendant's averment is an improper pleading of a new matter. With this being said, any "available defenses and/or rights" pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law do not in any way limit or bar Plaintiffs claims. 21. Admitted. 22. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiff had selected the limited tort option. In fact, Plaintiff had full tort. 23. The averment of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Additional Defendant has no direct liability to the Plaintiffs. 2 WHEREFORE, Plaintiffs respectfully request this Honorable Court dismiss Additional Defendant, Triangle Car Wash, Inc.'s Answer and New Matter and direct judgment in their favor against Defendants. Date: Respectfully submitted, HANDLER ENNING ROSENBERG,LLP By: to hen G. Held, Esquire I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 3 Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD(a HHRLAW.COM Attorney for Plaintiff BARBARA MIXELL and RICHARD MIXELL, Plaintiffs V. NICHOLAS C. MALLIOS, EXECUTOR OF THE ESTATE OF CHARLES MALLIOS, Defendant V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No.: 05-5336 TRIANGLE CAR WASH, INC., Additional Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE ANDNOW,this9dayof 7tLnR. 2006,Ihereby certify that Ihave served the within document upon Counsel of Record by sending a true and correct copy of the same to them via First Class United States mail, postage prepaid, and addressed as follows: First Class U.S. Mail: Kevin Rauch, Esq. Summers, McDonnell, Huddock, Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 4 Gregory Cassimatis, Esq. 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG, LLP `' QnAQ IA)rQPj Maria Wells, Legal Secretary to Stephen G. Held, Esquire 5 VERIFICATION PURSUANT TO PA R.C.P. NO. 1024(c) STEPHEN G. HELD, ESQUIRE, states that he is the attorney forthe partyfiling the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: Qq?OAP- V ST E . HELD, ESQUIRE - c Cf 7 C? y C..7 i f1l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, CIVIL DIVISION NO. 5336 - 2005 V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant. REPLY TO NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P.2252(d) (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #14145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant. (Jury Trial Demanded) REPLY TO NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) AND NOW, comes the Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Reply to New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) and in support thereof avers as follows: REPLY TO NEW MATTER 19. Paragraph 19 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 (3). Strict proof thereof is demanded at the time of trial. 20. Paragraph 20 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. 21. Paragraph 21 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. 22. Paragraph 22 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. 23. Paragraph 23 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. WHEREFORE, Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, respectfully requests this Honorable Court enter judgment in his favor and against the Additional Defendant with costs and prejudice imposed. REPLY TO NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) 24. Paragraph 24 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. 25. Paragraph 25 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. WHEREFORE, Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, respectfully requests this Honorable Court enter judgment in his favor and against the Additional Defendant with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & $KEEL, L.L.P._ By: vin D. Rauch, Esquire unsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing REPLY TO NEW MATTER AND NEW MATTER PURSUANT TO Ps.R.C.P. 2252(d) has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of '2006. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Attorney for Additional Defendant) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P. By: n D.IRauch, Esquire nsel for Defendant r? ? c? < - =;_ -n _ ' ?"? .? ? i..._ T _ j?? C?} - _ . ? ? __ ? ai: < 5 ?m cJ a ...; M.._. =G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, CIVIL DIVISION NO. 5336 - 2005 V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, v. TRIANGLE CAR WASH, INC., Additional Defendant. PETITION FOR APPOINTMENT OF ARBITRATORS (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #14145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, V. NICHOLAS C. MALLIOS, Executor of CIVIL DIVISION NO. 5336 - 2005 (Jury Trial Demanded) the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant. PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin D. Rauch, Esquire, counsel for the Defendant in the above-referenced action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in this action is above the compulsory arbitration limits. However, the Plaintiffs have agreed to submit this matter to arbitration. 3. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: Kevin D. Rauch, Esq.; Erick V. Violago, Esq.; Stephen G. Held, Esq.; and Gregory E. Cassimatis, Esquire. WHEREFORE, your Petitioners pray your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: CL Kevin D. Rauch, Esqu re Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 16th day of July, 2009. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Attorney for Additional Defendant) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: G? .. Kevin D. Rauch, Esquire Counsel for Defendant FILED-0 i iCL? OF THE PROTHONOTARY 1009 JUL 21 AH ! : 318 `ti 4 a4. oo PD AT'N ey.*alsa W aasa(PLP Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD _HHRLAW.COM Attorney for Plaintiff BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs, V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 5336-2005 CIVIL ACTION - LAW MOTION FOR AN ORDER OF REFERENCE TO REFER THIS MATTER TO COMPULSORY ARBITRATION AND NOW, comes the Plaintiffs, Barbara Mixell and Richard Mixell, her husband, by and through their attorney, Stephen G. Held, Esquire, of HANDLER, HENNING & ROSENBERG, LLP, and hereby moves this Honorable Court to issue an order of reference referring this matter for compulsory arbitration, and in support thereof, avers the following: 1. This action was instituted on October 12, 2005 by a Writ of Summons. 2. On or about January 10, 2006, Plaintiffs filed a Complaint against the Defendant, alleging personal injuries from a motor vehicle accident which occurred on November 15, 2003. 3. In this Complaint, Plaintiff alleged damages in excess of the jurisdictional amounts requiring compulsory arbitration. 4. After discovery and development of the case, the parties agree that the amount in controversy no longer exceeds $50,000.00. 5. Pennsylvania Rule of Civil Procedure Rule 1021(d) provides that the court upon its own motion or by motion of either party may determine the amount in controversy is less than jurisdictional amounts requiring compulsory arbitration, and enter an order of reference to arbitration. WHEREFORE, Plaintiffs, Barbara Mixell and Richard Mixell, her husband, respectfully request that this Honorable Court issue an order of reference referring this matter for compulsory arbitration. Date: W07 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Step A . e, Esquire Attorney I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff 2 Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD(&-HHRLAW.COM Attorney for Plaintiff BARBARA MIXELL, and : IN THE COURT OF COMMON PLEAS RICHARD MIXELL, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO.: 5336-2005 NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, CIVIL ACTION - LAW Deceased, Defendant. CERTIFICATE OF SERVICE On 04/27/09, 1 hereby certify that a true and correct copy of Plaintiff's Praecipe to Settle, Discontinue and End was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Erick V. Violago, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Mr. Gregory E. Cassimatis, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 HANDLER, HENNING & ROSENBERG, LLP Dated: 7/28/09 StepheNG. Keld 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 BLED`r -,,-J, i, L 2099iUu-30 F" 'I - ':54 3 Gts?J' N' - AUG 0 3 2009(4 4a Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELDCd)-HHRLAW.COM Attorney for Plaintiff BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs, V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 5336-2005 CIVIL ACTION - LAW ORDER AND NOW, this `day of QAO-k 2009, upon consideration of Plaintiff's Motion for an Order of Reference to Refer this Matter to Compulsory Arbitration. IT IS HEREBY ORDERED that this matter be referred for compulsory arbitration. BY T C J. f'`? LL Mr Roy C? `+ A . ?, rte` Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD(&-HHRLAW.COM Attorney for Plaintiff BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs, V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 5336-2005 CIVIL ACTION - LAW STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiffs, Barbara Mixell and Richard Mixell, her husband intends to proceed with the above captioned matter. Date:` 6 ? Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: 4. ?- - -4 Ste en Id, Esquire Attorney I.D. # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff Stephen G. Held, Esquire Attorney I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Tele: (717) 238-2000 Fax: (717) 233-3029 HELD(&-HHRLAW.COM BARBARA MIXELL, and RICHARD MIXELL, her husband, Plaintiffs, V. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 5336-2005 NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, CIVIL ACTION - LAW Deceased, , Defendant. CERTIFICATE OF SERVICE On this -4q day of September, 2009, 1 hereby certify that a true and correct copy of Plaintiffs' Statement of Intention to Proceed was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Erick V. Violago, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Mr. Gregory E. Cassimatis, Esq. 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 Dated: 9/2/09 HANDLER, HENNING & ROSENBERG, LLP Stephen 6. 10W/ 1300 Lingles own Road Harrisburg, PA 17110 (717) 238-2000 OF THEE ,, ._ .T ?R* 10T tRY 2009 SEP -3 Ni 3: 12 PE' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, CIVIL DIVISION NO. 5336 - 2005 PETITION FOR APPOINTMENT OF ARBITRATORS (Jury Trial Demanded) V. TRIANGLE CAR WASH, INC., Additional Defendant. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #14145 a, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 V. (Jury Trial Demanded) NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant. PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin D. Rauch, Esquire, counsel for the Defendant in the above-refeednced action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in this action is above the compulsory arbitration limits. However, the Plaintiffs have agreed to submit this matter to arbitration. 3. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: Kevin D. Rauch, Esquire; Erick V. Violago, Esquire; Stephen G. Held, Esquire; and Gregory E. Cassimatis, Esquire. WHEREFORE, your Petitioners pray your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. B v: Kevin D. Rauch, Esquire Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 V. (Jury Trial Demanded) NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant. ORDER AND NOW, this day of , 2009, in consideration of the foregoing petition, , Esquire, Esquire, and Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: J. Distribution List: Stephen G. Held, Esquire Handier, Henning & Rosenberg, L.L.P. Kevin D. Rauch, Esquire 1300 Linglestown Road Summers, McDonnell, Hudock, Guthrie & Skeel, Harrisburg, PA 17110 P.C. (Attorney for Plaintiffs) 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Gregory E. Cassimatis, Esquire (Attorney for Defendant) 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Attorney for Additional Defendant) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 22"d day of September, 2009. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Attorney for Additional Defendant) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant OF TH FLED ^TAP.Y 2099 S EP 24 PH 12: 1 GL?PI 4 arv ? Y 4a4.oo Po A-MY CK:pl 01 a3(o a w oO8 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, CIVIL DIVISION NO. 5336 - 2005 V. (Jury Trial Demanded) ,x NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant. ORDER AND NOW, this day of , 2009, in consideration of the foregoing petition, L471./X 7j/. , Esquire, Esquire, and Esquire, are appointed arbitrators in the above-captioned action as prayed for. Distribution List: ? Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Attorney for Additional Defendant) BY T COUR J. ,Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Attorney for Defendant) 2009 OCT 19 AK 10= 1 1 ITY 2\?? Plaintiff Defendant I \e4s-?yk?xh Ldwy-q Law Firm In The Court of Common Pleas of Cumberland County, Pennsylvania No Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office w' fidelity. 1 ? Sig a e Signature i ature n b? s h - effr<Z, RolA 7 Name (Chairman) Name Name Law Firm AdTdress(,, ,. p Address city, zip rCAVVO H eA 170f city, Zip Pa^??T Z? + Law Firm ? k6 r, fi, 2),j SIC(? f Address Lb-7?2 A)l pt /70/1 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: jf damages for delay are awarded, they shall be separately stated.) a . Arbitrator, dissents. Date of Hearing: f Z ( '1 a f Date of Award: name if applicable.) (Chairman) Notice of Entry of Award Now, the day of , 200q at o, z3 , _0_.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $3S. m BY: Prothonotary Deputy rr?s:3 ?? L.. tiz i ? x;.15 J +Tti 16 194 . ALCL ---0? ?y .-4xoc?g? 09L-1 1 l FILED-01-rICE o- aE PF^TH'2n 0TAPY 2010 JA» 21 PM L,. 21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, CIVIL DIVISION NO. 5336 - 2005 V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant. #14145 NOTICE OF APPEAL (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 a,/3 2 d`s q 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant. (Jury Trial Demanded) NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS Notice is given that the Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, Deceased, appeals from the award of the board of arbitrators entered in this matter on December 29, 2009. I certify that the compensation of the arbitrators has been paid. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: uc Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF APPEAL has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 27th day of January, 2010. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Attorney for Additional Defendant) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant I FILErl rE i H,0?PNIOTARY 1010 APR -7 F-M 2: 9 CUIv" pl r r: n% 1i Y l y L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, CIVIL DIVISION NO. 5336 - 2005 V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, V. TRIANGLE CAR WASH, INC., Additional Defendant. JOINT STIPULATION FOR DISCONTINUANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #14145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, V. NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, CIVIL DIVISION NO. 5336 - 2005 (Jury Trial Demanded) V. TRIANGLE CAR WASH, INC., Additional Defendant. JOINT STIPULATION FOR DISCONTINUANCE AND NOW, comes the Plaintiffs, Barbara Mixell and Richard Mixell, her husband, by and through their counsel, Stephen G. Held, Esquire, the Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, deceased, by and through his counsel, Kevin D. Rauch, Esquire, and the Additional Defendant, Triangle Car Wash, Inc., by and through its counsel, Gregory E. Cassimatis, Esquire, and files the following Joint Stipulation for Discontinuance pursuant to Pennsylvania Rule of Civil Procedure 229. The parties stipulate and agree that any and all claims against Additional Defendant, Triangle Car Wash, Inc., are hereby discontinued with prejudice. HANDLER, HENNING & SUMMERS, McDONNELL, HUDOCK, ROSENBERG, L.L.P. GUTHRIE & SKEEL, P.C. By: ephen . Held, Esquire Counsel for Plaintiffs By: Kevin D. Rauch, Esquire Counsel for Defendant i GREGORY E. CASSIMATIS By: Greg . Cassimatis, Esquire Counsel for Additional Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing JOINT STIPULATION FOR DISCONTINUANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 6th day of Arpil, 2010. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (Attorney for Additional Defendant) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: '/?_ . Kevin D. Rauch, Esquire Counsel for Defendant C A Jtl. FIL~~_-~ ~~:~; PRAECIPE FOR LISTING CASE FOR TRi~ ~fi~`~ ~ LI ;' 2: ~u (Must be typewritten and submitted in triplic(~1~~';=;:._~.,, j~; ; ;;~~~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ^X for JURY trial at the next term of civil court. ^ for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) BARBARA MIXELL And RICHARD MIXELL, her husband, (Plaintiff) vs. NICHOLAS C. MALLIOS, Executor,I,rials commence on September 20, 2010 of the Estate of CHARLES MALLIOS, deceasedbefendant) Pretrials will be held on Sept. 8, 2010 vs. (other) August 31, 201( The trial list will be called on and (Briefs are due S days before pretrials _. 5336 2005 Indicate the attorney who will try case for the party who files this praecipe: Seth T. Black, Esquire Term Indicate trial counsel for other parties if known: Stephen G. Held, Esquire This case is ready for trial. Date: ~` l ~ ! ~~ Signed: ~/ f~ff__ Print Name: ~e`1yl B~Cc.C, ~C_ Defendant Attorney for: ~a~ oo QD A-rn/ -~ ~# a~ °$ y (check one) ^X Civil Action -Law ^ Appeal from arbitration "F'ILCC ~1= Tug c::_ ~''?;(~~,~ ~~_ , 2010..1°.L. 29 ('~i ~~~ ~,a CV~'Jfr~` _ _,i j~~ll'ld IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, CIVIL DIVISION NO. 5336 - 2005 v NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 John A. Lucy, Esquire Pa. I.D. #203948 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite Mechanicsburg, PA 17050 (717) 901-5916 #14145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 v. (Jury Trial Demanded) NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, John A. Lucy, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Nicholas C. Mallios, Executor of the Estate of Charles Mallios, deceased, in the above case. JURY TRIAL DEMANDED Respectfully,~b~rti~ted, SUMM~tS, Mc ~NNELL, HUDOCK, GUT IE & SK L. P.C. ~Cucy, Esquire :I for Defendant 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 28th day of July, 2010. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8S,S~KE~L, P.C. By~ ,k~hn ucy, Esquire Cou el for Defendant BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs v NICHOLAS C. MALLIOS, Executor of the Estate Of CHARLES MALLIOS, Deceased, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 5336-2005 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the chambers of Judge Oler in the above-captioned case on Wednesday, September 8, 2010. Present on behalf of the Plaintiffs was Stephen G. Held, Esquire. Present on behalf of Defendant was John A. Lucy, Esquire. This is a negligence action for personal injuries to Plaintiff Barbara Mixell arising out of an automobile accident that occurred when Defendant's Decedent entered a roadway from a private business site and ran into a passing vehicle being driven by Ms. Mixell. Plaintiff Richard Mixell sues for loss of consortium. Defenses include a denial of causation of Plaintiff's alleged injuries; Defendant does concede liability for causing the accident in question. This will be a jury trial in which, pursuant to an agreement of counsel, each side will have 4 peremptory challenges, for a total of 8. The estimated duration of a trial is 2 days. To the extent that any deposition testimony is to be shown or read to the jury which includes objections being pursued by counsel and requiring rulings by the trial court, counsel are directed to submit a copy of the affected transcript to the Court at least 5 days prior to commencement of the trial, with the areas of objection being pursued highlighted, and with brief memoranda in support of their respective positions on those objections. This case should not be assigned to the undersigned judge because the Plaintiffs' counsel is the judge's nephew, and because the judge is acquainted with the Defendant's personal representative, Nicholas C. Mallios, and was acquainted with the Decedent, Charles Mallios, the driver of the vehicle which allegedly injured the Plaintiff. With respect to settlement negotiations, the parties are about $27,000 dollars apart. However, indications are that the case will not be resolved without a trial. By the Court, 1~INt,'Jtl1~SNN3d ~ ^• ~,» ,, ~s :zt ~a ~- ~~s o~ ,~1vFv~ ~-j--Q~~ ~~ .z..,~T..,M;,.,_~ . ~l~ephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 For Plaintiffs Cahn Lucy, Esquire /100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 For Defendants Court Administrator :mae g~4 ~c O BARBARA MIXELL and IN THE COURT OF COMMON PLEAS OF RICHARD MIXELL, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTIO - LAW VS. NO. 5336-2005 CIVIL NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Defendant VERDICT 1. Was Defendant negligent? Yes: X No: 2. Was Defendant's negligence a factual cause in bringing about any of Plaintiffs harm? Yes: X No: 3. State the amount of damages sustained by Barbara Mixell as a result of Defendant's negligent conduct: (a) For lost income ............................................$ ?a. (b) For physical pain and suffering .........................$ 4. State the amount of damages sustained by Richard Mixell as a result of Defendant's negligent conduct: (a) For loss of consortium ......................................$ ' ? TOTAL COMPENSATORY DAMAGES FOR BARBARA AND RICHARD MIXELL .............................$ W - aw Date: q b? Jo Foreperson: tit -'l - y BARBARA & RICHARD MIXELL ---- V S --- NICHOLAS C. MALLIOS, EXECUTOR CHARLES MALLIOS, DECEASED UR In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2005-5336 CIVIL Judge: HESS "y- Attorney: a maj Attorney: John LUC Date: 4,10 /0 --T ORS No. Juror # NAMES OF JURORS CALLED CAUSE D 1 IliiilillmMUmliilmmi SEP20-31 ROBINSON, MATTHEW D a 2 1mw?nMMMIiiMii SEP20-129 CROWN, NANCY J 3 ImiuiIlMiimilMiNmi SEP20-244 GOODLING, PAULA C 4 IIImN11MM11Milii SEP20-166 DUCCESCHI, JOHN R 5 IlliigllM?liilMilii SEP20-67 LUEHRS, KERRY R 6 INIIIHmINlilimimililill SEP20-342 SICKLES, ROBERT E 7 IIillmiiilUmliiil?il111 SEP20-153 SWANSON, MARLOWE G g IIIMIINIIIImNmiMliimi SEP20-88 ALFORD, MICHAEL W 9 IIi1111i1?iillmiMlNii SEP2047 LEBO, MARJORIE A 10 IIiiII?INNMliiiilmii SEP20-266 CLARK, TIMOTHY A 11 IIinIAlliliNmmmll?mi SEP20-261 MICELI, THERESA M 12 ImiiRilNmIM{mlimfihl SEP20-220 HERMANCE, AMY C 13 Ilimimiinom miMiiii SEP20-208 ZEIGLER, DEBORAH A 14 inihowmains SEP20-22 BOWEN, BRADLEY R 15 inih iiilil maims SEP20-34 LYLES, DANETTE J 16 iiinuummlmliiiiion SEP20-152 HANKINS, EDWARD D 17 IIImaiMMMMiin SEP20-170 HESTER, LAURA M 18 iiinivinumimmin SEP20-186 DALY, JULIE A 19 1111NmliiINNNIM1111 SEP20-5 MIGATULSKI, MICHAEL L 20 imptNM inummin SEP20-162 FRANTZ, DAVID N 21 11111111mi1MMImIIMi SEP20-309 DIVEN, JOHN W 22 IinimmiIIMiflmun SEP20-171 SCHMID, RUSSELL W ` BARBARA & RICHARD MIXELL --- V S - NICHOLAS C. MALLIOS, EXECUTOR CHARLES MALLIOS, DECEASED i JUR In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2005-5336 CIVIL Judge: HESS Attorney: Attorney: Date: ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 11011111 SEP20-27 LEMMON, KATHRYN L 24 ImIIMINIIIIM11 -50 HALL, SHERRY D 25 IMMIU?IommiINmn SEP20-312 GRE DAWN M 26 IIIMMAff1??IM1lII mn SEP20-235 SMITH, S A 27 11HIIM&NII?IIume SEP20-9 ONICZ, JENNIFER A 28 IMMMNNIMMMMIMNI?NMmI P20-227 GEMBERLING, LINDA H 29 11111 M?M?MIIM SEP20-49 ZUMKHAWALA-COOK, AMI IMNN?MIN?NlII?IIII111N SEP20-179 MORN„ JR JOSEPH I31 32 33 34 35 36 37 38 39 40 41 42 43 44 y ~ IX%T04201u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA MIXELL and CIVIL DIVISION RICHARD MIXELL, her husband, Plaintiffs, NO. 5336 - 2005 v. (Jury Trial Demanded) NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant, ~., ~:. --; ~°» ', C:~~ _ cW-a r„'"? -~ ~7- "'i TRIANGLE CAR WASH, INC., ` ~ > ~;-, ~~ ~' Additional Defendant. ~;~~~.~ ~~~~'-~ -. , ORDER ~` 1~~,;. ;:,~ ~ rz, -~ AND NOW, to wit this ~ ~ day of Oicl'okr 20'h0, z- uupo~4 consideration of Defendants, Post-trial Motion to Mold the Verdict, it is hereby ORDERED, ADJUDGED AND DECREED that the total verdict amount shall be molded to $11,300.00 and the docket shall reflect said amount. BY TH OURT: / ~ ~ J. Distribution List: ephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) .O _ ~.. d6hn A. Lucy, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (Attorney for Defendant) \~j D J e- ~~,~ FiCE 2410 0' .. t~ ~~ ' ' : ~ 9 CUMBt~ ..~ ~O1S~ TY pE: .. -~.,:,. BARBARA MIXELL and, . RICHARD MIXELL, her husband Plaintiff . v. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 5336-2005 CIVIL N NICHOLAS C. MALLIOS, Executor CIVIL ACTION -LAW of the Estate of CHARLES MALLIOS Deceased, Defendant . ORDER AND NOW, this iS'' .day of Or,~bJrr , 2010, upon consideration of Plaintiff's Motion for Delay Damages, IT IS HEREBY ORDERED that Plaintiff's Motion is granted. IT IS FURTHER ORDERED that Defendants steal{ forward Plaintiff delay damages in the amount of $2971.13. Distribution: ~ Stephen G. Held, Esq., Handler, Henning & Rosenberg, LLP,1300 Linglestown Rd., Suite 2, Harrisburg, PA 17110 John Lucy, Esq., Summers, McDonnell, Hudock, Guthrie & Skeel, LLP, 100 Sterling P~ark~wa~y, Suite 306, Mechanicsburg, PA 17050 t fS rna-~~, ~a ~r/~ `~~ OCi' 0 4 ZutU IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO BARBARA MIXELL and RICHARD MIXELL, her husband, Plaintiffs, CIVIL DIVISION NO. 5336 - 2005 V. (Jury Trial Demanded) NICHOLAS C. MALLIOS, Executor of the Estate of CHARLES MALLIOS, Deceased, Defendant. TIN TO: THE PROTHONOTARY , PENNSYLVANIA Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, HANDLER, HENNING & ROSENBERG, L.L.P. BY: epp n eld, Esqu Counsel for Plaintiffs