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HomeMy WebLinkAbout02-1654 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James L. Laye, Plaintiff VS. Sel-Wil, Inc., a/k/a Lincoln Speedway, Inc., 1 Speedway Drive Mechanicsburg, PA 17055 Defendant Civil Action - Law No. 2002 PRAECIPE FOR WRIT OF SUMMONS To Curt Long, Prothonotary: Issue summons directed to the defendant in the above captioned cause notifying the defendant that the plaintiff has commenced an action against them which they are required to defend or a default judgment may be entered ag~ ~/~/~~~~ /~ ~.D~id C. CI~J~ Attomey for Plaintiff Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS JAMES L. LAYE, Plaintiff Vs. SEL-WICK, INC., A/K/A LINCOLN SPEEDWAY, INC. 1 SPEEDWAY DRIVE MECHANICSBURG, PA 17055, Defendant Court of Common Pleas No. 02-1654 CIVIL TERM In CivilAction-Law To SEL-WIL., A/K/A LINCOLN SPEEDWAY, INC. You are hereby notified that JAMES L. LAYE, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date APRIL 4, 2002 CURTIS R. LONG Prothonotary Deputy ATTORNEY Name: DAVID C. CLEAVER, ESQUIRE Address: 1035 WAYNE AVENUE CHAMBERSBURG, PA 17201 Attorney for: Plaintiff Telephone: 717-264-5135 SHERIFF'S RETURN - REGULAR CASE NO: 2002-01654 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAYE JAMES L VS SEL-WIL INC AKA LINCOLN SPEEDW DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SEL-WIL INC AKA LINCOLN SPEEDWAY INC the DEFENDANT at 7075 CARLISLE PIKE , at 1439:00 HOURS, on the llth day of April MECHAINICSBURG, PA 17055 by handing to BOB LEIBY, VICE PRESIDENT a true and attested copy of WRIT OF SUMMONS , 2002 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this /? - day of ~ ~L A.D. ! ~rothon6tary ' ' ' So Answers: R. Thomas Kline 04/12/2002 DAVID C CLEAVER Deputy Sheriff OU ARE HEREBY NOTIFIED TO FILE WRITTEN RESPONSE TO THE ~ICLOSED qTHIN TWENTY (20) DAYS FROM ERVICE HEREOF OR A JUDGMENT AY BE ENTERED AGAINST YOU MARSHALL~ DENNEHEY~ WARNER, COLEMAN & GOGGIN COUNSELLORS AT LAW · PROCTORS IN ADMIRALTY 4200 CRUMS MILL ROAD, SUITE B HARRISBURG, PENNSYLVANIA 17112 WE DO HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND COR- RECT COPY OF THE ORIGINAL FILED IN THIS ACTION BY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. LAYE, Plaintiff SEL-WICK, INC. A/K/A LINCOLN SPEEDWAY, INC. Defendant · DOCKET NO.: (}2-1654 : JURY TRIAL DEMANDED : : ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter thc appearance of the undersigned on behalf of Sd-wick, Inc. a/k/a Lincoln Speedway, Inc., in the above-referenced matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: : ,' BY: ,i-' ,~.,777 '">'~ ' Robert G. Hanna, Jr., Esquire 4200 Crums Mill Road Suite B Harrisburg, PA 17112 I.D. No. 17890 (717) 651-3515 ~.~,,.,.~mm ..m~m~mm~ma,Bam~ I lama ll,I IIq,llmllll~llll I II',I,F~ l/llllllllllllll IIII I III EIII \0 5_A\L1AB~R. GH~LLP G\9 618$~RYM\I 1012X50000 COURT OF COMMON PLEAS OF. _CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. LAYE, Plaintiff Vo SEL-WICK, INC. A/K/A LINCOLN SPEEDWAY, INC. Defendant : DOCKET NO.: 02-1654 : JURY TRIAL DEMANDED : : : : PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff to file a Complaint within twenty (20) days or suffer Judgment of Non Pros. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: ROBERT O. HANNA,~R., ESQUIRE 4200 Crams Mill Road ! Suite B Harrisburg, PA 17112 I.D. No. 17890 (717) 651-3515 Attorney for Defendant COURT OF COMMON PL_EAS OF_ CUMBERLAND COUNTY PENNSYLVANIA JAMES L. LAYE, Plaimiff SEL-WICK, INC. A/K/A LINCOLN SPEEDWAY, INC. Defendant : DOCKET NO.: 02-1654 : : JURY TRIAL DEMANDED AND NOW, this ~--ckday of _~r~b ~ _, 2002, upon consideration ofthe foregoing Praecipe, Plaintiff is hereby ordered to file her Complaint within twenty (20) days hereof or suffer judgmem of n._on_ pros.. BY THE PROTHONOTARY: \05_A\LIABhRGH~S LP G\96192\RYM\l 1012~50000 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANI/~ JAMES L. LAYE, Plaintiff Vo SEL-WICK, INC. AflK/A LINCOLN SPEEDWAY, INC., Defendant : DOCKET NO.: 02-1654 : : JURY TRIAL DEMANDED : : CERTIFICATE OF SERVICE I, Rachael L. Minnich, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this )~ ~- day of May, 2002, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: David C. Cleaver, Esquire 1035 Wayne Avenue Chambersburg, PA 17201 /9 ~ Rachael L. Minnich IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James L. Laye, Plaintiff VS. Sel-Wil, Inc., a/k/a Lincoln Speedway, Inc., 1 Speedway Drive Mechanicsburg, PA 17055 Defendant Civil Action - Law No. 2002 - 1654 Civil Term NOTICE TO DEFEND AND CLAIM RIGHTS 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 an 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Tel. No. 1-800-990-9108 or 717- 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James L. Laye, Plaintiff VS. Sel-Wil, Inc., a/k/a Lincoln Speedway, Inc., 1 Speedway Drive Mechanicsburg, PA 17055 Defendant Civil Action - Law No. 2002 - 1654 Civil Term COMPLAINT NOW comes the Plaintiff, James L. Laye, by his attorney, David C. Cleaver, and for cause of action against the Defendant says: The Plaintiffis James L. Laye, a sui juris adult, who lives and resides at 455 Lindman Drive, Chambersburg, Franklin County, Pennsylvania. The Defendant is Sel-Wil, Inc., a Pennsylvania corporation, trading and doing business as Lincoln Speedway, Inc., a/k/a Lincoln Speedway, a Pennsylvarda corporation, with corporate offices located at I Speedway Drive, Mechanicsburg, Cumberland County, Pennsylvania. Defendant, Sel-Wil, Inc., is the owner and operator of Lincoln Speedway, an automobile racing facility located in York County, Pennsylvania. On or about April 29, 2000, the Defendant, at Lincoln Speedway in York County, Pennsylvania, promoted a race at Lincoln Speedway in which sportsmen and modified cars were to run in separate races. On or about April 29, 2000, at the D ' efendant s speedway, Lincoln Speedway, in York County, Pennsylvania, Plaintiff James L. Laye appeared with a vintage sportsman's car to participate and race in the vintage sportsmen's race. On or about April 29, 2000, at or about 10:00 o'clock p.m., the Defendant, instead of running a separate race for vintage sportsmen's cars and a separate race for modified cars, ran a single race in which vintage sportsmen's cars ran in the same race with modified cars. Vintage sportsmen's cars, as operated by Plaintiff James L. Laye, are not fast cars and are considerably slower than modified cars. o The Defendant, on or about April 29, 2000, at or about 10:00 o'clock p.m., negligently, without thought for the safety or Plaintiff and other vintage sportsmen's car drivers, combined the two classes of cars in the same race, as a result of which vintage sportsmen's cars were nmning at a much slower pace than modified cars in the same race on the racetrack at Lincoln Speedway. ° On or about April 29, 2000, at or about 10:00 o'clock p.m., Plaintiff James L. Laye, while operating a vintage sportsmen's car in the combined race staged and promoted by the Defendant, was operating his race car fully under control, and was hit in the rear-end by a modified racing car at such a high rate of speed as to propel the Plaintiff's vintage sportsmen's car forward into a car in front of him, as a result of which the Plaintiff's car crashed causing ~njuries to the Plaintiff. 10. The crash of the Plaintiff's vintage sportsmen's car as above alleged resulted solely from the negligence and recklessness of the Defendant in staging a race in which the much much faster modified race cars were peimitted to race on the same racetrack in the same race with much slower vintage sportsmen's race cars, and the above accident was due to such negligence on the part of the Defendant, and the accident resulted in no manner whatsoever as a result of any act or failure to act on the part of the Plaintiff since the Plaintiff was hit in the rear by a much faster race car which Plaintiff could not and did not see approaching. 11. The collision and accident of the Plaintiff as above alleged, and all of the herein mentioned injuries and damages sustained by the Plalntiffare the direct and proximate result of the careless, reckless, and negligent manner in which the Defendant staged the aforesaid race involving two different types of race cars operating at two different speeds, as a result of which Plaintiff sustained injuries. 12. As a direct result of the negligence of the Defendant as above alleged, the Plaintiff sustained injuries to his person, to wit: fractured vertebrae. 13. As a direct result of the negligence of the Defendant as above alleged, the Plaintiffhas incurred various medical and hospital expenses for treatment of the Plaintiff by physicians and hospitals. 14. As a direct result of the negligence of the Defendant as above alleged, the Plaintiff incurred and underwent mental and physical pain and suffering. 15. As a direct result of the negligence of the Defendant as above alleged, the Plaintiff was unable to engage in his normal occupation for several months, as a result of which Plaintiff suffered a loss in Plaintiffs earnings and earning power for a period of time while Plaintiff recovered from his fractured vertebrae. WHEREFORE, Plaintiff demands damages against the Defendant in an amount in excess of $25,000.00, together with interest as delay damages as prescribed by Pa. R.C.P. 238 and costs of suit as allowed by law. And the Plaintiff will ever pray. 1035 Wayne Avenue Chambersburg, PA 17201 Supreme Court I.D. #07283 I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: f~an,/~s L. Lay~' '"f// COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. LAYE, Plaintiff V. SEL-WICK, INC. A/K/A LINCOLN SPEEDWAY, INC., : DOCKET NO.: 02-1654 : : JURY TRIAL DEMANDED : .. Defendant's Answer 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. The Defendant hosted the Penn-Mar Vintage Race Car Club, Inc. f/k/a Vintage Stock Car Club race. The Defendant had nothing to do with the actual nmning of the race itself. Moreover, at that time Plaintiff, James L. Laye was a member of the aforesaid club and signed and agreed to a waiver of liability in order to participate in the race. 5. Denied as stated. On or about the aforesaid date, time and place, PlaintiffLaye appeared with a Vintage Sportsman's car to participate in the Capital Vintage Stock Car Club sponsored race held at the Lincoln Speedway. 6. Denied. The Defendant did not run any races. All races were nm by the Vintage Stock Car Club, which completely controlled the types of events which it ran. 7. Denied as stated. These factual averments are more properly directed to the Vintage Stock Car Club, who has the knowledge and expertise in this area. 8. The date, time and place are admitted. It is denied here and elsewhere the Defendant had anything to do with the running of the race itself. The remaining averments are denied and strict proof is demanded at the trial of this matter. 9. The date, time and place are admitted. It is denied that the race was staged and/or promoted by the Defendant. To the contrary, the Defendant hosted the events staged by the Vintage Stock Car Club of which Plaintiff was a member. The remaining averments are denied. 10. Denied. The Defendant had nothing to do with the actual running of the race itself. Moreover, at that time Plaintiff, James L. Laye was a member of the aforesaid club and signed and agreed to a waiver of liability in order to participate in the race. The Vintage Stock Car Club, of which Plaintiff was a member, suspended Plaintiff as a result of the accident as he was involved in an offense known as "rough riding." 11. Denied that the Defendant staged the aforesaid race. To the contrary, the Defendant hosted the Vintage Stock Car Club, an organization the Plaintiff was member of which staged or ran the races in question. The remaining averments are denied. 12. Denied. 13. Denied. 14. Denied. 15. Answering Defendant is without knowledge as to the events that occurred during the several months post-accident. The averments are therefore denied and strict proof demanded. WHEREFORE, Defendant denies any and all liability to Plaintiff and demands judgment in its favor together with interest and costs. NEW MATTER 16. Plaintiffhas failed to state a claim upon which relief can be granted. 17. James L. Laye was a member of the Vintage Stock Car Club. 18. The Vintage Stock Car Club stage the races held at the Defendant Speedway. 19. In order to participate in the Vintage Stock Car Club races, James L. Laye was required to, and did in fact, sign a waiver of liability. 20. Plaintiff James L. Laye assumed the risk of harm. 21. Defendant asserts the following limitation of the Pennsylvania Comparative Negligence Act. 22. The Defendant posted the Vintage Stock Car Club races at its speedway. 23. The Vimage Stock Car Club n/k/a Penn-Mar Vintage Race Club Car, Inc. determines the number of and types of races that will be presented. 24. Plaintiff, James L. Laye, knew that his Sports Car, described as a Vintage Sportsman's Car, was not a fast car and considerably slower than a modified car. 25. Plaintiff, Laye, voluntarily chose to mn his car in the aforesaid race described in his Complaint. 26. Plaintiff, James L. Laye, knowingly and voluntarily signed a waiver of liability allowing him to participate in that aforesaid race. 27. Plaintiff, James L. Laye is a member of the Vintage Stock Car Club at the time of the aforesaid event. 28. The Vintage Stock Car Club, of which Plaintiffwas a member, suspended Plaintiff as a result of the accident as he was involved in an offense known as "rough riding." 29. Plaintiffs own conduct was a substantial factor in the cause of this accident and related injuries. WHEREFORE, Defendant denies any and all liability and move for the entry of Judgment in their favor together with costs and counsel fees. DATED: 7-/7---z0o Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Robert G. Hanna, Jr., Esquire~ 4200 Crums Mill Road Suite B Harrisburg, PA 17110 I.D. No. 17890 (717) 651-3515 VERIFICATION Robert G. Hanna, Jr., Esquire, hereby states that he is attomey for Defendant, Scl-wick, Inc. a/k/a Lincoln Speedway, Inc., and is authorized to make this Verification on their behalf, and as such, states that the facts set forth in the foregoing Answer to New Matter and New Matter are tree and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. DATED: July ]7 , 2002 \05_A~LIAB\RGH~S LPG\96192~RYM\11012~50000 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. LAYE, Plaintiff SEL-WICK, INC. A/K/A LINCOLN SPEEDWAY, INC., Defendant : DOCKET NO.: 02-1654 : : JURY TRIAL DEMANDED .' CERTIFICATE OF SERVICE I, Rachael L. Mirmich, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ ~ day of July, 2002, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: David C. Cleaver, Esquire 1035 Wayne Avenue Chambersburg, PA 17201 (Rach~el L~ Minni~h JAMES L. LAYE, Plaintiff V. COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEL-WICK, INC. A/K/A LINCOLN SPEEDWAY, INC., : DOCKET NO.: 02-1654 : : JURY TRIAL DEMANDED : . 1. Admitted. Defendant's Answer 2. Admitted. 3. Admitted. 4. Denied as stated. The Defendant hosted the Penn-Mar Vintage Race Car Club, Inc. f/k/a Vintage Stock Car Club race. The Defendant had nothing to do with the actual running of the race itself. Moreover, at that time Plaintiff, James L. Laye was a member of the aforesaid club and signed and agreed to a waiver of liability in order to participate in the race. 5. Denied as stated. On or about the aforesaid date, time and place, PlaintiffLaye appeared with a Vintage Sportsman's car to participate in the Capital Vintage Stock Car Club sponsored race held at the Lincoln Speedway. 6. Denied. The Defendant did not run any races. All races were mn by the Vintage Stock Car Club, which completely controlled the types of events which it ran. 7. Denied as stated. These factual averments are more properly directed to the Vintage Stock Car Club, who has the knowledge and expertise in this area. 8. The date, time and place are admitted. It is denied here and elsewhere the Defendant had anything to do with the running of the race itself. The remaining averments are denied and strict proof is demanded at the trial of this matter. 9. The date, time and place are admitted. It is denied that the race was staged and/or promoted by the Defendant. To the contrary, the Defendant hosted the events staged by the Vintage Stock Car Club of which Plaintiffwas a member. The remaining averments are denied. 10. Denied. The Defendant had nothing to do with the actual running of the race itself. Moreover, at that time Plaintiff, James L. Laye was a member of the aforesaid club and signed and agreed to a waiver of liability in order to participate in the race. The Vintage Stqck Car Club, of which Plaintiff was a member, suspended Plaintiff as a result of the accident as he was involved in an offense known as "rough riding." 11. Denied that the Defendant staged the aforesaid race. To the contrary, the Defendant hosted the Vintage Stock Car Club, an organization the Plaintiff was member of which staged or ran the races in question. The remaining averments are denied. 12. Denied. 13. Denied. 14. Denied. 15. Answering Defendant is without knowledge as to the events that occurred during the several months post-accident. The averments are therefore denied and strict proof demanded. WHEREFORE, Defendant denies any and all liability to Plaintiff and demands judgment in its favor together with interest and costs. NEW MATTER 16. Plaintiff has failed to state a claim upon which relief can be granted. 17. James L. Laye was a member of the Vintage Stock Car Club. 18. The Vintage Stock Car Club stage the races held at the Defendant Speedway. 19. In order to participate in the Vintage Stock Car Club races, James L. Laye was required to, and did in fact, sign a waiver of liability. 20. Plaintiff James L. Laye assumed the risk of harm. 21. Defendant asserts the following limitation of the Pennsylvania Comparative Negligence Act. 22. The Defendant posted the Vintage Stock Car Club races at its speedway. 23. The Vintage Stock Car Club n/k/a Penn-Mar Vintage Race Club Car, Inc. determines the number of and types of races that will be presented. 24. Plaintiff, James L. Laye, knew that his Sports Car, described as a Vintage Sportsman's Car, was not a fast car and considerably slower than a modified car. 25. Plaintiff, Laye, voluntarily chose to mn his car in the aforesaid race described in his Complaint. 26. Plaintiff, James L. Laye, knowingly and voluntarily signed a waiver of liability allowing him to participate in that aforesaid race. 27. Plaintiff, James L. Laye is a member of the Vintage Stock Car Club at the time of the aforesaid event. 28. The Vintage Stock Car Club, of which Plaintiffwas a member, suspended Plaintiffas a result of the accident as he was involved in an offense known as "rough riding." 29. Plaintiff's own conduct was a substantial factor in the cause of this accident and related injuries. WItEREFORE, Defendant denies any and all liability and move for the entry of Judgment in their favor together with costs and counsel fees. DATED: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 7-/7--z0o BY: 4200 Crums Mill Road '~ Suite B Harrisburg, PA 17110 I.D. No. 17890 (717) 651-3515 VERIFICATION Robert G. Hanna, Jr., Esquire, hereby states that he is attorney for Defendant, Sel~wick, Inc. aYk/a Lincoln Speedway, Inc., and is authorized to make this Verification on their behalf, and as such, states that the facts set forth in the foregoing Answer to New Matter and New Matter are true and correct to the best of his knowledge, infmmation, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. DATED: July }7 ,2002 \05_A\LIAB~RGI-BS LPG\96 t 92~RYM\l 1012~50000 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA JAMES L. LAYE, Plaintiff Vo SEL-WICK, INC. A/K/A LINCOLN SPEEDWAY, INC., Defendant : DOCKET NO.: 02-1654 : : JURY TRIAL DEMANDED : : CERTIFICATE OF SERVICE I, Rachael L. Minnich, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ ~ day of July, 2002, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: David C. Cleaver, Esquire 1035 Wayne Avenue Chambersburg, PA 17201 Rachael L~ Minnich \05_A\LIAB'uRGH\LLP G\ 109335~RYM\ 11012\00585 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. LAYE, Plaintiff SEL-WIL, INC. A/K/A LINCOLN SPEEDWAY, INC., Defendant : DOCKET NO.: 02-1654 : : JURY TRIAL DEMANDED . : : MOTION FOR JUDGMENT ON THE PLEADINGS Defendant moves for entry of Judgment on the Pleadings and assigns the following reasons therefore: 1. James L. Laye ("Plaintiff') was a member of the Vintage Stock Car Club rulUa Penn- Mar Race Car Club ("the Club"). 2. The Club stages races at the Defendant's speedway. 3. In order to participate in the Club's staged races, the Plaintiffwas required to, and did in fact, sign a waiver of liability. 4. The Club determined the number of and types of races that were presented. 5. The Plaintiff knew his sports car was considerably slower than a modified car. 6. Plaintiffknowing and voluntarily signed a waiver of liability allowing him to participate in the race. WHEREFORE, Defendants moves for the entry of Judgment on the Pleadings. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: Robert G. Hanna, J'r.,~squire 4200 Crams Mill l~a~x~ Suite B Harrisburg, PA 17112 I.D. No. 17890 (717) 651-3515 Attorney for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. LAYE, Plaintiff Vo SEL-WIL, INC. A/K/A LINCOLN SPEEDWAY, INC., Defendant : DOCKET NO.: 02-1654 : : JURY TRIAL DEMANDED : : . CERTIFICATE OF SERVICE I, Rachael L. Minnich, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of November, 12002, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: David C. Cleaver, Esquire 1035 Wayne Avenue Chambersburg, PA 17201 TO THE PRAECIPE FOR LISTING CASE FOR (Must be typewritten and submitted PROTHONOTARY/OF CUMBERLAND COUNTY: ARGUMENT in dupl ~'cate) Please list the within matter for the next: [] Pre-Trial Argument Court [] Argument Court ......... CUMBERLAND COUNTY, PENNSYL'$ANIA JAMES L. LAYE, : Plaintiff : DOCKET NO.: 02-1654 : v. : JURY TRIAL DES~NDED : SEL-WIL, INC. A/K/A LINCOLN : SPEEDWAY, INC., : Defendant : CAPTION OF CASE (entire caption must be stated in full) No. 02-1654 Civil State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to compliant, etc.): Preliminary Objections of Defendant, Lincoln Speedway, Inc. 2002 Identify counsel who will argue case: (a) for plaintiff: David C. Cleaver, Esquire, 1035 Wayne Avenue, Chambersburg, PA 17201 Co) for defendant: Robert G. Hanna, Jr., Esq., 4200 Crums Mill Rd., Suite B, Harrisburg, PA 17112 I will notify all parties in writing within two days that this case has been listed for argument. ROBERT G. HANNA, JR., E'S~~ Dated: 02/18/03 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. LAYE, Plaintiff Vo SEL-WIL, INC. A/K/A LINCOLN SPEEDWAY, INC., Defendant · DOCKET NO.: 02-1654 : · JURY TRIAL DF',MANDED CERTIFICATE OF SERVICE I, Rachael L. Minnich, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of March, 2003, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: David C. Cleaver, Esquire 1035 Wayne Avenue Chambersburg, PA 17201 Rachael L. Minnich IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James L. Laye, Plaintiff VS. Sel-Wil, Inc., a/k/a Lincoln Speedway, Inc., 1 Speedway Drive Mechanicsburg, PA 17055 Defendant Civil Action - Law No. 2002 - 1654 Civil Term PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above referenced case settled and discontinued. 1~1 [2. Cleaver, ESquire'~--'--'~ '"-~ ] David C. Cleaver & Associates 1035 Wayne Avenue Chan~bersburg, PA 17201 717-2.64-1110 \05 A\LIAB\KABLMISC\121900LKAB\11012\00585 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. LAYE, Plaintiff SEL-WICK, INC. A/K/A LINCOLN SPEEDWAY, INC. Defendant · DOCKET NO.: 02-1654 · JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of Sel-Wick, Inc. a/k/a Lincoln Speedway, Inc., in the above-referenced matter. DATE: I.D. No. 17890 (717) 233-6633 CERTIFICATE OF SERVICE I, ~ rljg/& & t~ ~-,an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ff[ ~4,day of April, 2003, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: David C. Cleaver, Esquire 1035 Wayne Avenue Chambersburg, PA 17201 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. LAYE, Plaintiff SEL-WICK, INC. A/K/A LINCOLN SPEEDWAY, INC. Defendant · DOCKET NO.: 02-1654 · JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendant, S el-Wick, Inc. a/k/a Lincoln Speedway, Inc., in the above-captioned matter. DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Matthew L. Owens, Esquire I.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorneys for the Defendant CERTIFICATE OF SERVICE Goggin, do hereby certify that on this ~)¢~&day of April, 2003. I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: David C. Cleaver, Esquire 1035 Wayne Avenue Chambersburg, PA 17201