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HomeMy WebLinkAbout05-6151CRETE CARRIER CORPORATION Plaintiff V. DAMON BECKNEL and LYNN JOHNSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. C)5- LIEl CIVIL ACTION LAW l PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY Please issue Writs of Summons against the defendants DAMON BECKNEL, 3084 Wyllys Place #B, West Point, NY 10996-1815; and LYNN JOHNSON, 233 Roesch Avenue, Apt. B, Oreland, PA 19075. ello, sq. Su me Court ID 36510 MARCELLO & KIVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17013 Date: 2005 (717)240-4686 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. D ddIE- -fro honotary Date:,X'ba _?C), a60S BY Deputy ( ) Check here if reverse is used for additional information CRETE CARRIER CORPORATION Plaintiff V. DAMON BECKNEL and LYNN JOHNSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2005-6151 CIVIL ACTION LAW PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY Please reissue the Writ of Summons against the defendant LYNN JOHNSON, 233 Roesch Avenue, Apt. B, Oreland, PA 19075. Sonya ivi , Esq. Supreme ID 92919 MARCELLO & KIVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17013 Date: ^- 2006 (717)240-4686 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: 3? Deputy ( ) Check here if reverse is used for additional information _?, _ ` ? ?' : :-?, ?;_, .. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06151 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRETE CARRIER CORPORATION VS BECKNEL DAMON ET AL 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 DEFENDANT JOHNSON LYNN but was unable to locate Him in his bailiwick deputized the sheriff of MONTGOMERTY serve the within WRIT OF SUMMONS to wit: He therefore County, Pennsylvania, to On January 12th , 2006 , this office was in receipt of the attached return from Sheriff's Costs: So answers: > Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Montgomery Cc 33.00 Sheriff of Cumberland County Postage .76 58.76 01/12/2006 MARCELLO AND KIVISTO Sworn and subscribed to before me this J day o a.vt?(o A.D. 1 P nota y SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2005-06151 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRETE CARRIER CORPORATION VS. BECKNEL DAMON ET AL R. Thomas K1 , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT BECKNEL DAMON by United States Certified Mail postage prepaid, on the 6th day of December 2005 at 0000:00 HOURS, at 3084 WYLLYS PLACE #B WEST POINT, NY 10996-1815 a true and attested copy of the attached WRIT OF SUMMONS Together with receipt card was signed by N BECKNEL 12/08/2005 . Additional Comments: on Sheriff's Costs: Docketing 18.00 Service 4.42 Affidavit .00 Surcharge 10.00 .00 32.42 Paid by MARCELL AND KIVISTO Sworn and subscribed to before me this .2q?!' day o%,,,,,,? lrl7?A L4L otho y The returned So answers: R. Thomas Kline Sheriff of Cumberland County on 01/12/2006 l In The Court of Common Pleas of Cumberland County, Pennsylvania Crete Carrier Corporation VS. Damon 2eclmel et al SERVE: Lynn Johnson No 05-6151 civil Now, December 6, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery 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 copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of 20 20 , at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor ? 0? H ?- ((\\ttV\'' OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 TO: Hon. John Durante Montgomery County Sheriff Dear Sheriff: Enclosed please find writ of Summons RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy 0 cn o ? Fri :Ti 'A ( i Z T Crete Carrier Corporation RE. VS Damon Becknel et al 05-6151 civil to be served upon LVnn Johnson 233 Roesch Avenue Apt B Oreland, PA 19075 in your County. PERSON SERVto send us your return of service. RELAWN/V(1S OV-1 ii? €1mLl Of S. i 4 - -- _ ..... M OF SERVIC5 _. OAT-E OF 16ERtit71`' . EAST CAM OF SMAU a ,?,q = /ate otok. /Pk I.J.r-c T Gv) Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania l -13' 0-= G- c f9D 9' Il- 3o-ut-? kJ-?OL.?/f}Q l-aR'oSe o9jr ct./ ` )&f5711 NUMBER: B-5574 DATE: Jan. 5, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY Crete Carrier Corporation Vs Lynn Johnson 233 Roesch Ave. Apt. B Oreland, PA 19075 Po berbite a ansbner-0 ...?h.+. P. ` w"Wi o *berfff of ;Olontgomerp Countp On Dec. 30, 2005 the deputy returned because after numerous attempts he was unsuccessful. 12-13-05 @ 08:50, 12-20-05 @ 10:25, 12-27-2005 @ 09:35. On December 29, 2005 writ out. Deputy Walker CRETE CARRIER CORPORATION Plaintiff V. DAMON BECKNEL and LYNN JOHNSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASENO. 0s- LolS? ??V?C??^ CIVIL ACTION LAW l PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY Please issue Writs of Summons against the defendants DAMON BECKNEL, 3084 Wyllys Place #B, West Point, NY 10996-1815; and LYNN JOHNSON, 233 Roesch Avenue, Apt. B, Oreland, PA 19075. D ello, sq. Su me Court ID 36510 MARCELLO & KIVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17013 Date: 1f g !T '12005 (717)240-4686 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Pr6llf6notaj Date:,L( OC). 6, S By Deputy TRUE COPY FROM RECORD O Check here if reverse is used for additional information to TwUaany wiNs ed, l i,era onto sat my h&Rd aM +t* 3eai of SSW fx,:urt at Ceriisle, Pa. \ a : C S ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Damon Becknel 3084 I%yllys Place #B West Point, NY 10996-1815 A. Signature 0 Agent X L' i n ..M B. Received by (Pr/nted Neme) C. Date of De, livery ]f _ /3ec Kv e, ,IL /4 D. Is delivery address different from Item 17 qy5 Yes If YES, enter delivery address below: A No 3. Service Type 1K Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 0390 0003 2635 0470 05-6151 civil PS Form 3811, February 2004 Domestic Return Receipt 102555-02-M-1540 SO -.01V I - 330 501 '??Id3t1? 36'11 w CRETE CARRIER CORPORATION, Plaintiff V. DAMON BECKNEL and LYNN JOHNSON, Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 05-6151 Civil Term CIVIL ACTION-LAW JURY TRIAL DEMANDED Damon Becknel, with respect to the above-referenced matter. DATE: L D O? MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGCAX% BY: DO11tLD L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Damon Beckne[ CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 14--tk day of February, 2006, I served a true and correct copy of the Entry of Appearance via U.S. first-class mail, postage pre-paid, as follows: Douglas B. Marcello, Esquire MARCELLO & KIVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17013 zim-, aLMUViMR? SUSAN M. WILLIAMS ,r „ ,a - Y «: ` ; ? ?? 4U I CRETE CARRIER CORPORATION, Plaintiff V. DAMON BECKNEL and LYNN JOHNSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 05-6151 Civil Term CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or suffer judgment non pros. MARSHALL, DENNEHEY, WARNER, COLEMAN &FaDGGIN DATE: (V , 06 BY. DON{VD L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant, Damon Becknel CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this [4-?h day of February, 2006, 1 served a true and correct copy of the Praecipe for Rule to File a Complaint via U.S. first-class mail, postage pre-paid, as follows: Douglas B. Marcello, Esquire MARCELLO & KIVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17013 ?, Jet.. Oa SUSAN M. WILLIAMS ' ? ? r ?s . ,4 4! ` ?` ? ..e. L?'? CRETE CARRIER CORPORATION, Plaintiff v. DAMON BECKNEL and LYNN JOHNSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 05-6151 Civil Term CIVIL ACTION-LAW JURY TRIAL DEMANDED RULE AND NOW, this L day of 2006, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiff, Crete Carrier Corporation, to file a Complaint within twenty (20) days or suffer judgment of non pros. BY THE PROTHONOTARY: SEAL ?... 1 _-_? J/ r CRETE CARRIER CORPORATION IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO.: 05-6151 DAMON BECKNEL and LYNN CIVIL ACTION LAW JOHNSON Defendants JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 import 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 YOU LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUED FEE OR NO FEES. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 CRETE CARRIER CORPORATION IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO.: 05-6151 DAMON BECKNEL and LYNN CIVIL ACTION LAW JOHNSON Defendants JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDO A USTED EN LA CRRTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia excrita o en persona o por abogado y archivar en la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 CRETE CARRIER CORPORATION IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO.: 05-6151 DAMON BECKNEL and LYNN CIVIL ACTION LAW JOHNSON Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, by and through its attorneys, Marcello & Kivisto, LLC and sets forth the following. Plaintiff is a business having its principle place of business at 400 NW 56th Street, Lincoln, Nebraska 68528. 2. Defendant Damon Becknel is an adult individual residing at 3084 Wyllys Place #B, West Point, NY 10996-1815. 3. Defendant Lynn Johnson is an adult individual residing at 233 Roesch Avenue, Oreland, Pennsylvania 19075. 4. On or about December 5, 2003 at approximately 8:35pm, Plaintiff's tractor trailer was proceeding in the right lane, eastbound on the Pennsylvania Turnpike in Lower Allen Township, Cumberland County, Pennsylvania. 5. At the aforementioned time, date and place, the weather was inclement and roadways were snow covered and slippery. 6. At the said time, date and place, Defendant Johnson was the owner and operator of a 1999 Plymouth Voyager proceeding in the left lane, eastbound on the Pennsylvania Turnpike. At said time, date and place, Defendant Becknel was the owner and operator of a 2004 Dodge 4X4 that was also proceeding in the left lane, eastbound on the Pennsylvania Turnpike and traveling behind Defendant Johnson. 8. Defendant Johnson lost control of her vehicle and struck the vehicle owned by Plaintiff causing damage. 9. Defendant Becknel struck the rear of Defendant Johnson's vehicle. 10. Defendant Becknel then lost control of his vehicle and struck Plaintiffs vehicle causing damage. COUNTI Crete Carrier Corp. v. Damon Becknel 11. Plaintiff incorporates herein Paragraphs 1-10 as if set forth in full. 12. The accident was as a result of the negligence, carelessness, and recklessness of Damon Becknel as follows: a. Failing to operate his vehicle at a safe speed under the circumstances in violation of Pa.C.S.A. Section 3361; b. Operating his vehicle at a speed that was too fast for conditions prevailing then and there in violation of Pa.C.S.A. Section 3361; c. Operating his vehicle in a reckless manner; d. Following the vehicle of Defendant Johnson at a distance too close for the conditions then existing and for the speed he was traveling in violation of Pa.C.S.A. Section 3310. e. Failing to stay within the proper lane pursuant to Pa.C.S.A. Section 3309; f. Failing to operate his vehicle as required by Pa.C.S.A. Section 3361; g. Failing to operate his vehicle in a safe, reasonable, and prudent manner under the existing conditions having due regard for the road surface and actual and potential hazards then and there existing; .r h. Failing to operate his vehicle in a safe manner so as to avoid a collision with the Plaintiff's vehicle; i. Failing to have his vehicle under proper and adequate control under the circumstances existing at the time; j. In being otherwise negligent, careless, and reckless under the circumstances. 13. As a result of the carelessness, recklessness, and negligence of Defendant Becknel, Plaintiff suffered damage to its tractor trailer in the amount of $5480.90. WHEREFORE, Plaintiffs demands judgment against Defendant Becknel in an amount not in excess of mandatory arbitration limits. COUNT II Crete Carrier Corp. v. Lynn Johnson 14. Plaintiff incorporates herein Paragraphs 1-13 as if set forth in full. 15. The accident was as a result of the negligence, carelessness, and recklessness of Lynn Johnson as follows: a. Failing to operate her vehicle at a safe speed under the circumstances in violation of Pa.C.S.A. Section 3361; b. Operating her vehicle at a speed that was too fast for conditions prevailing then and there in violation of Pa.C.S.A. Section 3361; c. Operating her vehicle in a reckless manner; d. Failing to stay within the proper lane pursuant to Pa.C.S.A. Section 3309; e. Failing to operate her vehicle as required by Pa.C.S.A. Section 3361; f Failing to operate her vehicle in a safe, reasonable, and prudent manner under the existing conditions having due regard for the road surface and actual and potential hazards then and there existing; g. Failing to operate her vehicle in a safe manner so as to avoid a collision with the Plaintiff's vehicle; h. Failing to have her vehicle under proper and adequate control under the circumstances existing at the time; i. In being otherwise negligent, careless, and reckless under the circumstances. 16. As a result of the carelessness, recklessness, and negligence of Defendant Johnson, Plaintiff suffered damage to its tractor trailer in the amount of $5480.90. WHEREFORE, Plaintiff demands judgment against Defendant Johnson in an amount not in excess of mandatory arbitration limits. RESPECTFULLY SUBMITTED, Dou B. arcello Marcello & Kivisto, LLC 1501 Commerce Ave. Carlisle, PA 17013 (717)240-4686 ttC-et-evkm m; IV 11-4-- 1 CRETE CARRIER CORPORATION Plaintiff V. DAMON BECKNEL and LYNN JOHNSON Defendants rlrr»orry r.ul/Ul : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : CASE NO.: 05-6151 CIVIL ACTION LAW VERIFICATION 1, // 2,gywgi J-,44: -c hereby verify that the averments made in the attached document are true and correct to the best of my information, knowledge and belief based ttpon the information available. I understand that fadse statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated. -4/.27/a(,e_ By X-- TOTPL P.01 CRETE CARRIER CORPORATION Plaintiff V. DAMON BECKNEL and LYNN JOHNSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 05-6151 CIVIL ACTION LAW CERTIFICATE OF SERVICE I certify that the foregoing Complaint in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 28th day of February, 2006 Lynn Johnson 233 Roesch Avenue Apt. B Oreland, PA 19075 Donald L. Carmelite Marshall Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Sonya to , , -, .., ?• CRETE CARRIER CORPORATION, Plaintiff V. DAMON BECKNEL and LYNN JOHNSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 05-6151 Civil Term CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Crete Carrier Corporation, Plaintiff c/o Douglas B. Marcello, Esquire AND Lynn Johnson, Defendant You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. DATE: 3 ? ?- l - of MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DO 4LDL.CARM ITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Damon Becknel CRETE CARRIER CORPORATION, Plaintiff V. DAMON BECKNEL and LYNN JOHNSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 05-6151 Civil Term CIVIL ACTION-LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIM OF DEFENDANT, DAMON BECKNEL, TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, Damon Becknel, by and through his counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and files this Answer to Plaintiffs Complaint and in support thereof states as follows: I. Admitted in part; denied in part. It is admitted that Plaintiff is who it says it is. All remaining allegations are denied and strict proof thereof is demanded at the time of trial. 2. Admitted in part; denied in part. It is admitted that Damon Becknel is a Defendant. The remaining averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 3. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 4. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. I 029(c) and strict proof thereof is demanded at the time of trial. 5. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 6. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 8. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 9. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. 10. Denied. After reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth and veracity of the averments set forth in this Paragraph and, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at the time of trial. COUNTI Crete Carrier Corp. v. Damon Beeknel 11. Defendant incorporates by reference his responses to Paragraphs 1-10 of Plaintiffs Complaint as though set forth at length herein. 12.a. - j. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 13. Denied. The averments set forth in this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Damon Becknel, respectfully requests judgment in his favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate. 3 COUNT11 Crete Carrier Corp. v. Lynn Johnson 14. Defendant incorporates by reference his responses to Paragraphs 1-13 of Plaintiffs Complaint as though set forth at length herein. 15 - 16. The averments set forth in these Paragraphs are directed to a Defendant other than Answering Defendant, and therefore, no responsive pleading is required. WHEREFORE, Defendant, Damon Becknel, respectfully requests judgment in his favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate. NEW MATTER DIRECTED TO PLAINTIFF 17. Plaintiffs claims are barred by the applicable statute of limitations. 18. Plaintiff has failed to state a cause of action against Defendant upon which relief can be granted. 19. Plaintiffs claims are barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. No act or omission on the part of Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged damages, all such damages being expressly denied. 21. Any and all damages as described by Plaintiff in its Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Defendant had no control nor right of control. 23. Plaintiffs claims are derivative in nature and are barred as a matter of law. 24. Defendant breached no duty of care owed to Plaintiff under the circumstances. 25. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 26. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 27. At all times material hereto, Defendant acted in a safe, legal and non-negligent manner. 28. Plaintiffs' claims are barred by the defenses listed in Pa.R.C.P. 1030. WHEREFORE, Defendant, Damon Becknel, respectfully requests judgment in his favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate. NEW MATTER CROSSCLAIM PURSUANT TO Pa.R.C.P. 2252(d) AGAINST DEFENDANT, LYNN JOHNSON 29. If Plaintiff sustained the damages as alleged in Plaintiffs Complaint, said damages being herein strictly denied, then said damages were caused by acts, statements, omissions or negligence of Co-Defendant, Lynn Johnson, as set forth in Plaintiffs Complaint, to which reference is made hereto without adoption or omission. 30. Co-Defendant, Lynn Johnson, is solely liable to the Plaintiff, or, in the alternative, should Answering Defendant be found liable to Plaintiff, liability being herein strictly denied, then Co-Defendant, Lynn Johnson, is jointly and severally liable with Answering Defendant and is liable over to Answering Defendant by way of contribution and/or indemnification. WHEREFORE, Defendant, Damon Becknel, respectfully requests judgment in his favor and against the Plaintiff, together with such other costs this Honorable Court deems appropriate. DATE: 3 I a::? - 0 10 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DON L. CARMELITE, ESQUIRE I.D. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney for Defendant Damon Becknel VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with Nev, Matter to Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiffs Complaint are that of counsel, 1 have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to rmsworn falsification to authorities. BY: Z DAMON BECKNEL DATE: CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of March, 2006, I served a true and correct copy of the Answer with New Matter and New Matter Crosselaim of Defendant, Damon Becknel, to Plaintiff's Complaint via U.S. first-class mail, postage pre-paid, as follows: Douglas B. Marcello, Esquire MARCELLO & KIVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17013 Lynn Johnson 233 Roesch Avenue Apartment B Oreland, PA 19075 SUSAN M. WILLIAMS CRETE CARRIER CORPORATION Plaintiff V. DAMON BECKNEL and LYNN JOHNSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 05-6151 CIVIL ACTION LAW JURY TRIAL DEMANDED ANSWER TO DEFENDANT BECKNEL'S NEW MATTER AND NOW comes Plaintiff, by and through its counsel, Marcello & Kivisto, LLC, and files this Answer to Defendant Becknel's New Matter. 17. Denied. The averments of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 18. Denied. The averments of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 19. Denied. The averments of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 20. Denied. The averments of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 21. Denied. The averments of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 23. Denied. The averments of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 24. Denied. The averments of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 25. Denied. The avennents of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 26. Denied. The averments of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). By way of further answer, Plaintiff has made no claim for bodily injury in this matter. 27. Denied. The averments of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). 28, Denied. The averments of this Paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Plaintiff respectfully requests judgment in its favor. RESPECTFULLY SUBMITTED, Douglas arcello Sonya Kivisto Marcello & Kivisto, LLC 1501 Commerce Ave. Carlisle, PA 17013 (717)240-4686 CRETE CARRIER CORPORATION Plaintiff V. DAMON BECKNEL and LYNN JOHNSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 05-6151 CIVIL ACTION LAW CERTIFICATE OF SERVICE I certify that the foregoing Complaint in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 10th day of April, 2006 Richard H. Wix, Esq. 4705 Duke St. Harrisburg, PA 17109-3099 Donald L. Carmelite Marshall Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 c Sonya Ki ' to Rpr P5 06 01:51p Sonya 717-258-4686 p.2 CRETE CARRIER CORPORATION Plaintiff V. DAMON BECKNEL and LYNN JOHNSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: 05-6151 CIVIL ACTION LAW VERIFICATION I, hereby verify that the averments made in the attached Answer to New Matter are true and correct to the best of my information, knowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. By: Dated: y/S /OG ri SHERIFF'S RETURN - OUT OF COUNTY k CASE NO: 2005-06151 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRETE CARRIER CORPORATION VS BECKNEL DAMON ET AL 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 DEFENDANT JOHNSON LYNN but was unable to locate Her to wit: in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 17th , 2006 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 i Surcharge 10.00 R. Thomas Kline Dep Montgomery Co 33.00 Sheriff of Cumberland County Postage .78 02/17/2006 'u. 'Q MARCELLO & KIVISTO Sworn and subscribed to before me m this o2N J day of accc, .D. Cc' Pro otary In The Court of Common Pleas of Cumberland County, Pennsylvania Crete Carrier Corporation vs. Damon 2ecknel et al SERVE: Lynn Johnson 05-6151 civil No. Now, January 25, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service Now, G? a f e,? , 20_!26, at 10,E o'clock 4M. served the within C i V), I .} G riUr./ upon f-a 4 at G?Uw f es by handing to a copy of the original C A and made known to Ll the contents thereof. So answers, Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF'S RETURN PROTHONOTARY C- 352 DEFENDANT: Lynn Johnson DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Craig Phillips RELATIONSHIP TO DEFENDANT: Son-In-Law DATE AND PREVAILING TIME: Feb. 10, 2006 @ 10:25 LOCATION: 233 Roesch Ave., Apt. B, Oreland, PA ?& sleva dataaa*e tod, 4euwd aw tie deoisd is as ?teic Gr6aeMUrelaw l[secd afeae Qc tic e"w4 q lkwtya?, ea eaesl[d q Pew, A#Awed "d udseided 6eow me " eokit d* ea asaa u, Feb. 15, 2006 o ublic?l NOTARIAL SEAL PATRICIA A GIAMBRONE Notary Pubilc NORRISTOWN BOROUGH,MONTGOMERY COUNTY My Commission Expires Dec 13, 2008 Sheriff of Montgomery County Deputy Sheriff Walker V JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 05-6151 Civil Term ? CIVIL ACTION-LAW JURY TRIAL DEMANDED MOTION TO CONSOLIDATE Moving Defendant, Damon Becknel, by and through his counsel, Marshall, Dennehey, LYNN A. JOHNSON, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 05-2275 CIVIL ACTION-LAW DAMON BECKNEL, RICHARD J. CORN, JR. and SHAFFER TRUCKING, INC., Defendants CRETE CARRIER CORPORATION, Plaintiff V. DAMON BECKNEL and LYNN JOHNSON, Defendants Warner, Coleman & Goggin, hereby files this Motion to Consolidate the matters docketed in the above-captioned cases into that case docketed at Docket No. 05-2275, and in support thereof avers as follows: 1. Plaintiff, Lynn A. Johnson, filed a Complaint against Defendants, Damon Becknel, Richard J. Corn, Jr. and Shaffer Trucking, Inc. to No. 05-2275 on or about May 3, 2005. 2. Plaintiff, Crete Carrier Corporation, parent corporation of Shaffer Trucking, Inc., filed a Writ of Summons against Defendants, Damon Becknel and Lynn Johnson to No. 05- 6151 on or about November 30, 2005. 3. Plaintiff, Crete Carrier Corporation, filed a Complaint against Defendants, Damon Becknel and Lynn Johnson to No. 05-6151 on or about February 27, 2006. 4. Defendant, Damon Becknel, requests consolidation of the above-referenced lawsuits in order to simplify future pleadings, discovery, and trial. 5. Douglas B. Marcello, Esquire, counsel for Plaintiff, Crete Carrier Corporation and Defendants, Richard J. Corn, Jr. and Shaffer Trucking, Inc., concurs with this Motion. 6. Richard H. Wix, Esquire, counsel for Plaintiff, Lynn A. Johnson, was contacted regarding his concurrence with this Motion but has failed to respond. 7. Both of the foregoing civil lawsuits arise out of a three-car motor vehicle collision which occurred on December 5, 2003 on the Pennsylvania Turnpike in Lower Allen Township, Cumberland County, Pennsylvania. 8. Both civil lawsuits, referenced above, involve identical common questions of law and fact and arise from the same occurrence referenced above, resulting in property damage to the Johnson and Crete Carrier Corporation vehicles. 9. Consolidation of matters involving common questions of law and fact which arise from the same transaction or occurrence may be consolidated, by the Court, upon motion of any party, in order to avoid unnecessary cost or delay. Pa.R.C.P. 213. 10. As both of the foregoing lawsuits involve common questions of law and fact, and arise from the same occurrence, it would be most appropriate and further the interest of judicial economy by avoiding unnecessary costs and/or delays for this Honorable Court to consolidate the foregoing matters to the case filed to No. 05-2275. -2- WHEREFORE, Defendant, Damon Becknel, respectfully requests this Honorable Court to enter an Order consolidating the foregoing actions to that lawsuit docketed at Cumberland County No. 05-2275, with all prior pleadings consolidated to that action to reflect the same docket number. Respectfully DATE: / BY: , WARNER, LLD L. C%&VJ TE, ESQUIRE o.84730 42100 Crums Mill Road, Suite B Harrisburg, PA 17112 "`(717) 651-3504 Attorney for Defendant Damon Becknel -3- CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this INLI day of August, 2006, I served a true and correct copy of the Motion to Consolidate of Defendant, Damon Becknel via U.S. first- class mail, postage pre-paid, as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109 Douglas B. Marcello, Esquire MARCELLO & KIVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17013 SUSAN M. WILLIAMS ?? `, .? a ?? R C' E' 1f D A'jC ` „ 77 LYNN A. JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAMON BECKNEL, RICHARD J. CORN, JR. and SHAFFER TRUCKING, INC., Defendants DOCKET NO.: 05-2275 CIVIL ACTION-LAW JURY TRIAL DEMANDED CRETE CARRIER CORPORATION, Plaintiff DAMON BECKNEL and LYNN JOHNSON, Defendants V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 05-6151 Civil Term ? CIVIL ACTION-LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2006, upon consideration of Defendant, Damon Becknel's Motion to Consolidate, it is hereby ORDERED that cases docketed at Nos, 05-2275 and 05-6151 are consolidated for all purposes. J. ?'-ES ANN. CRETE CARRIER CORP., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-6151 DAMON BECKNEL and LYNN CIVIL ACTION LAW JOHNSON, Defendants JURY TRIAL DEMANDED To: Prothonotary PRAECIPE Please enter my appearance on behalf of the Defendant Johnson in the above- captioned matter. Respectfully submitted, WIX, WENGER & WEIDNER By Kathryn L. Wix, Es . ID#92944 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 1/22/07 C) G ' N j ISO W CRETE CARRIER CORP., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-6151 DAMON BECKNEL and LYNN CIVIL ACTION LAW JOHNSON, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD To: Crete Carrier Corp c/o Douglas B. Marcello, Esquire Marcello & Kivisto 1501 Commerce Avenue Carlisle, PA 17013 Damon Becknel c/o Donald L. Carmelite Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 You are hereby notified to plead to the enclosed New Matter within (20) days or default judgment may be entered against you. Respectfully submitted, WIX, WENGER & WEIDNER BY Kathryn L., Wix, Esg1D#92944 Attorneys for Defendant Johnson 4705 Duke Street Harrisburg, PA 17112 (717) 652-8455 Dated: 1/22/07 CRETE CARRIER CORP., Plaintiff V. DAMON BECKNEL and LYNN JOHNSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6151 CIVIL ACTION LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT JOHNSON WITH NEW MATTER AND CROSS CLAIM AND NOW, here comes Defendant Johnson by and through her Attorneys Wix, Wenger & Weidner and sets forth the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Defendant is without sufficient knowledge, information or belief to form an opinion as to the averments contained within this paragraph and strict proof thereof is demanded at trial. 5. Denied. Defendant is without sufficient knowledge, information or belief to form an opinion as to the averments contained within this paragraph and strict proof thereof is demanded at trial. 6. Admitted. 7. Denied. Defendant is without sufficient knowledge, information or belief to form an opinion as to the averments contained within this paragraph and strict proof thereof is demanded at trial. 8. Denied as stated. It is admitted Defendant Johnson hit ice while traveling in the left hand lane. Defendant Johnson was struck in the rear end by Defendant Becknel pushing her into the right hand lane where she was struck by Plaintiff. 9. Admitted. 10. Admitted. COUNTI 11. Defendant incorporates herein Paragraphs 1 -10 as if set forth in full. 12-13. Paragraphs 12 through 13 are not directed to answering Defendant. WHEREFORE, Defendant Johnson respectfully requests that Judgment be entered in her favor. COUNT II 14. Defendant incorporates herein paragraph 1 -13 as if set forth in full. 15. This paragraph contains a conclusion of law to which no responsive pleading is required. To the extent an answer is deemed necessary the allegations contained in this paragraph are specifically denied and strict proof thereof is demanded at trial. 16. This paragraph contains a conclusion of law to which no responsive pleading is required. To the extent an answer is deemed necessary the allegations contained in this paragraph are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that Judgment be entered in her favor. NEW MATTER 17. Defendant incorporates herein paragraphs 1-16 as if set forth in full. 18. Plaintiffs claims are barred by the applicable statute of limitations. 19. Plaintiff has failed to state a cause of action against Defendant upon which relief can be granted. 20. Plaintiff's claims are barred in whole or part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 21. Plaintiff's claims are barred by its own negligence. WHEREFORE, Defendant respectfully requests Judgment be entered in her favor. CROSS CLAIM Defendant Johnson v. Defendant Becknel 22. If Plaintiff sustained damages as alleged in Plaintiffs Complaint, said damages being strictly denied, then said damages were caused by the negligence of Co-Defendant Becknel. 23. Co-Defendant Becknel, is solely liable to the Plaintiff, or in the alternative should Answering Defendant be found liable to the Plaintiff, liability being strictly denied, then Co-Defendant Becknel is jointly and severally liable with Answering Defendant and is liable over toe Answering Defendant by way of contribution and or indemnification. WHEREFORE, Defendant respectfully requests that Judgment be entered in her favor. Respectfully submitted, WIX, WENGER & WEIDNER By Kathryn L. Wix, Esq. I 92944 Attorneys for Defendant Johnson 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 VERIFICATION I, Kathryn L. Wix, Esquire, as attorney for Lynn Johnson have read the foregoing Defendant's Answer with New Matter and Cross Claim which has been drafted by counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made subject to the penalties of 18 PA C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Dated: athryn L. Wix CERTIFICATE OF SERVICE I, Kathryn L. Wix, Esquire hereby certify that a true and correct copy of the foregoing document was served by First Class Mail on the 22nd day of January 2007, upon the following: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1501 Commerce Avenue Carlisle, PA 17013 IN Kathryn L. Wix, Esquire k - qtr "S ? i Go CRETE CARRIER CORP., Plaintiff V. DAMON BECKNEL and LYNN JOHNSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6151 CIVIL ACTION LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT JOHNSON TO DEFENDANT BECKNEL'S CROSS CLAIM AND NOW, here comes Defendant Johnson by and through her Attorneys Wix, Wenger & Weidner and sets forth the following: 29. This paragraph contains a conclusion of law to which no responsive pleading is required. To the extent an answer is deemed necessary the averments contained within this paragraph are strictly denied and proof thereof is demanded at trial. 30. This paragraph contains a conclusion of law to which no responsive pleading is required. To the extent an answer is deemed necessary the averments contained within this paragraph are strictly denied and proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests Judgment be entered in her favor. Respectfully submitted, WIX, WENGER & WEIDNER er Kathryn L. Wix, Esq. ID# 92944 Attorneys for Defendant Johnson 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 Dated: 1/22/07 VERIFICATION I, Kathryn L. Wix, Esquire, as attorney for Lynn Johnson have read the foregoing Defendant's Answer to Co-Defendant's Cross Claim which has been drafted by counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made subject to the penalties of 18 PA C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Dated: X&-Z? /- Kathryn L. Wix CERTIFICATE OF SERVICE I, Kathryn L. Wix, Esquire hereby certify that a true and correct copy of the foregoing document was served by First Class Mail on the 22nd day of January 2007, upon the following: Donald L. Carmelite, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1501 Commerce Avenue Carlisle, PA 17013 r Kathryn L. Wix, Esquir r.i' s ?s7 W c.. :S co Lynn A. Johnson : IN THE COURT OF COMMON PLEAS OF V. CUMBERLAND COUNTY, PENNSYLVANIA Damon Becknel, Richard J. Corn, Jr. ; and Shaffer Trucking, Inc. NO. 2275 20_Q, Crete Carrier Corporation 6151 2005 V. Damon Becknel and Lynn Johnson RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Lynn A. Johnson Richard H. Wix counsel for tft?gslasedit in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5, 4 6 6. 7 0 The counterclaim of the ddmdaat in the action is $ 5 , 4 8 0.9 0 Crete Carrier Corp. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Stephen J. Barcavage, Esq. and Sonya Kivisto, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ReppectfWly submitted, 11 , '444" , 131/Di) '??7q _ r ORDER OF COURT AND NOW, . 200____, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY Lynn A. Johnson V. Damon Becknel, Richard J. Corn, Jr. and Shaffer Trucking, Inc. Crete Carrier Corporation V. Damon Becknel and Lynn Johnson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2275 6151 RULE 1312-1 The Petition for Appointment of Arbitrators shall be Following form: PETITION FOR APPOINTMENT OF TO THE HONORABLE, THE JUDGES OF SAID COURT: Lynn A. Richard H. Wix counsel for 11zxp1aimfiffl& action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is S-5 , 4 6 6.7 0 The counterclaim of the defeadbmt in the action is $ 5 , 4 8 0.9 Crete Carrier Corp. The following attorneys are interested in the case(s) as counsel or are other as arbitrators: Esq., and _ Esq., are Stephen J. Barcavage, Esq. and Sonya Kivisto, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint whom the case shall be submitted. petition,- Esq., and captioned Respectfully submitted, ?-Iq - ORDER OF COURT I'd'. / 2000, (or actions) as prayed for. _ 20Q5 2005 in the ohnson dant in the above disqualified to sit (3) arbitrators to f of the arbitrators in the above By a Court, ?/B A 'I Lt YG? C=) 0 C co zC -n 66 M Fri t liJ .a C7 P? y.. LIJ ? LL- .. C%P r.+ 6K Crete Carrier Corporation, Plaintiff In The Court of Common Please of Cumberland County, Pennsylvania No. 05-6151 Damon Becknel and Lynn Johnson, Defendant 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 with fidelity. ignatufe _ Si a re Signature Robert C. Saidis, Esq. Timothy A. Shollenberger, Esc. Sean M. Shultz, Esq. Name (Chairman) Name Name Saidis, Flower & Lindsay i./ Shollenberger & Januzzi LLP Knight & Associates Law Firm Law Firm Law Firm 26 West High Street 2225 Millennium Way 11 Roadway Drive Suite B Address Address Address Carlisle, PA 17013 Enola Pa 17025 Carlisle PA 17015 City, Zip City, Zip City, Zip 7t Award 1 /888-7'. //117-08 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated) _LA; A ,0 v r2 v h 0.1_1)l l , I Wm 444 S , -tit 4L /ivva it i c,V -4- 1r1 r, Date of Hearing: April 22. 2008 Date of Award: .50- 1/0- ma Sean M. Shultz ^ Notice of Entry of Award Yred Now, the '`??day of 2008, at ?M., the above award was ent upon the docket and notice thereof gi en by mail to the parties or their attorneys. Arbitrators' ompensatio o be paid upon appeal rothonotary $ 3SU_ 00 By: Deputy Arbitrator, dissents (Insert name if applicable) r v O CA _O M ?^ f? Q (41 I C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYNN A. JOHNSON, Plaintiff V. DAMON BECKNEL, RICHARD J. CORN, JR. and SHAFFER TRUCKING, INC. Defendants NO. 05-2275 CIVIL CIVIL ACTION - LAW CRETE CARRIER CORPORATION, Plaintiff v. r DAMONBECKNEL and LYNN JOHNSON, Defendants NO. 05-6151 CIVILTERM t? : CIVIL ACTION - LAW NOTICE OF APPEAL Notice is hereby given that Lynn Johnson appeals from the award of the board of arbitrators entered in this case on May 5, 2008 A jury trail is demanded -,X . (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2 (Strike out the inapplicable clause). Appellant or Attorney for Appellant R6Ck4r4 f{. WiyG Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required Adopted March 16, 1981, effective May 15, 1981. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( 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) (check one) Lynn A. Johnson ( ) Civil Action - Law ( X) Appeal from Arbitration (other) (Plaintiff) VS. Damon Becknel, Richard J. Corn, Jr, and Shaffer Trucking, Inc. (Defendant) VS. Crete Carrier Corporation, Plaintiff V. Damon Becknel & Lynn Johnson The trial list will be called on 8/19/08 I and Trials comrence on 9/15/2008 Pretrials will be held on 8/27/08 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 02275 Civil 21 2005 and 05151. 2005 Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esq., 4705 Duke Street, Harrisburg, PA 17109 Indicate trial counsel for other parties if known: Sonya Kivisto, Esq., 1200 Walnut Bottom Rd._Ste. 331, Carlisle, PA (Crete Carrier Corp.) Stephen J. Barcava e, Es q., 4200 Crums Mill Rd., Ste. B, Harrisburg, PA Damon Bec ne This case is ready for trial. Signed: Print Name: Richard H Wix, Esq. Date: 7/24/2008 Attorney for: Lynn Johnson q?u N -72 ?? 12 CRETE CARRIER CORPORATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V DAMON BECKNEL and LYNN JOHNSON : NO. 2005-6151 CIVIL TERM ORDER OF COURT AND NOW, September 16, 2008, upon relation of the Court Administrator that this case cannot be reached this trial term due to the number of cases on the trial list, IT IS HEREBY ORDERED AND DIRECTED that this case be continued until the November 17, 2008 trial term. The Prothonotary is directed to relist this case for the November 17, 2008 trial term. Counsel are notified that they need not attend the Call of the List and no additional Pretrial Conference will be scheduled unless requested by either party. This case will be given preference and placed at the head of the list. ? Douglas B. Marcello, Esquire /For the Plaintiff Richard H. Wix, Esquire For the Defendant Court Administrator Cori" mailj' t a '?1t??tN???"1? t6 L 83S gt?l ?Jt_-_ #13 CRETE CARRIER CORPORATION,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DAMON BECKNEL AND LYNN JOHNSON, Defendants 05-6151 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 21st day of October, 2008, upon consideration of the call of the civil trial list, and no counsel raving called the above-captioned case for trial, it is stricken from the trial list. By the Court, J. Wesley er, J. ? Douglas B. Marcello, Esquire 305 North Front Street Harrisburg, PA 17108-0999 For Plaintiff ? Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 For Defendants Court Administrator - :mae lip mac LC, l D?,17?D8 Ail u L0 '3 WV LG 130OOOZ CRETE CARRIER IN THE COURT OF COMMON PLEAS OF CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW DAMON BECKNEL and LYNN JOHNSON, Defendants NO. 05-6151 CIVIL TERM ORDER OF COURT AND NOW, this 25 h day of October, 2008, the above-captioned case having been stricken from the trial list on October 21, 2008, when it was not called for trial, and the Court being advised by the Court Administrator that President Judge Bayley had previously entered an order excusing counsel from appearing at the call of the list and from participating in a further pretrial conference, the order of court striking the case from the trial list is vacated and the case shall remain for trial at the forthcoming term of court. BY THE COURT, -- Douglas B. Marcello, Esq. /Attorney for Plaintiff ? Richard H. Wix, Esq. Attorney for Defendant W r., Court Administrator - 00Fy co 1 £ S 101.1210$ i N' c! L 0 :8 WV L ? 130 BOOZ LYNN A. JOHNSON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAMON BECKNEL, RICHARD J. CORN, JR., and SHAFFER TRUCKING, INC., Defendants NO. 05-2275 CIVIL TERM CRETE CARRIER IN THE COURT OF COMMON PLEAS OF CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW DAMON BECKNEL and LYNN JOHNSON, Defendants NO. 05-6151 CIVIL TERM VERDICT SLIP QUESTION 1: Do you find that any of the parties were negligent? Lynn A. Johnson Yes No Damon Becknel Yes No ` Richard J. Corn, Jr. Yes No ,/ If you answered Question 1 "Yes," as to any party, go on to Question 2. If you answer Question 1 "No" as to all parties, you should not answer any further questions and should return to the courtroom. QUESTION 2: Was the negligence of those parties you have found to be negligent a factual cause of the harm to Lynn A. Johnson? Lynn A. Johnson Yes c/ r No Damon Becknel Yes No Richard J. Corn, Jr. Yes No_jZ QUESTION 3: Was the negligence of those parties you have found to be negligent a factual cause of the harm to Crete Carrier Corporation? Lynn A. Johnson Yes y No Damon Becknel Yes t . No Richard J. Corn, Jr. Yes No QUESTION 4: If you have found more than one party causally negligent, you must apportion the negligence among those parties. Taking the combined negligence that was a factual cause of any harm as 100 percent, what percentage of that causal negligence was attributable to each of the parties you have found causally negligent? Percentage of causal negligence attributable to Lynn A. Johnson (Answer only if you have answered "Yes" to Questions I and 2 for Lynn A. Johnson): % Percentage of causal negligence attributable to Damon Becknel (Answer only if you have answered "Yes" to Questions I and 2 for Damon Becknel): 5 (? % Percentage of causal negligence attributable to Richard J. Corn, Jr. (Answer only if you have answered / "Yes" to Questions 1 and 2 for Richard J. Conn, Jr.): CJ % Total 100% Yo fDate Fo person %-?---- -- LYNN A. JOHNSON, Plaintiff V. DAMON BECKNEL, RICHARD J. CORN, JR. and SHAFFER TRUCKING, INC. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 05-2275 : CIVIL ACTION-LAW JURY TRIAL DEMANDED CRETE CARRIER CORPORATION, Plaintiff V. DAMON BECKNEL and LYNN JOHNSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-6151 CIVIL ACTION-LAW PRAECIPE TO MARK SATISFIED AND DISCONTINUED To the Prothonotary: Please mark the dockets in the above matters satisfied, and discontinued with regard to the verdict in favor of Crete Carrier Corporation and against Damon Becknel and Lynn Johnson. ?la /3 ? By: --?on a visto, Esquire Marce to & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Attorney for Richard J. Corn and Crete Carrier Corporation y e LYNN A. JOHNSON, Plaintiff V. DAMON BECKNEL, RICHARD J. CORN, JR. and SHAFFER TRUCKING, INC. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 05-2275 : CIVIL ACTION-LAW JURY TRIAL DEMANDED CRETE CARRIER CORPORATION, Plaintiff V. DAMON BECKNEL and LYNN JOHNSON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-6151 CIVIL ACTION-LAW CERTIFICATE OF SERVICE I certify that the foregoing Praecipe to Mark Satisfied and Discontinued in the within actions was served upon the following by enclosing the same in envelopes addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 2nd day of January, 2009. Richard H. Wix, Esq. 4705 Duke St. Harrisburg, PA 17109-3099 Stephen J. Barcavage Marshall Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 So 4a Kivisto I r r;