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HomeMy WebLinkAbout06-57047310987 11.36 28 09-98-9008 06HB-00113 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 170 11 - CAMP HILL P 4 , - TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA L Nationwide Mutual Insurance Company a/s/a Case No.: C - s?'Lr?f C? U ` Christine M. Camp, II Plaintiff VS. Crete Carrier Corp, Ralph Sherer, Laurel Kalp and ARBITRATION Isai Tremblay, Defendants NOT ICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth i the following pages, you must take action within twenty (20) days after this Complaint and Notice a served by entering a written appearance personally or by attorney and filing in writing with the cou your defenses or objections to the claims set forth against you. You are warned that if you fail to d so, the case may proceed without you, and a judgment may be entered against you by the court withou 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. VOT T CTTnT TT T) T A VP TUTS P A PFR TO YOUR T A `1VVFA AT r NCF TF YOU DO I.TO HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue FE Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 - 212 106HB-00113 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Christine M. Camp, Plaintiff vs. Crete Carrier Corp, Ralph Sherer, Laurel Kalp and Isai Tremblay, Defendants ase No.: 01a. - .S"76? TION ct*uti AND NOW comes the Plaintiff by its attorney, JoAnne E. Kinzel, Esquire, and sets forth the following Complaint: 1. Nationwide Mutual Insurance Company is an Ohio Corporation licensed to do business in the Commonwealth of Pennsylvania where it sells motor vehicle insurance to residents of Pennsylvania. Nationwide has a place of business at 1000 Nationwide Drive, Harrisburg, Pennsylvania 17105. 2. At all times relevant hereto, Nationwide provided motor vehicle insurance to Christine M. Camp for her 2005 Ford Taurus pursuant to policy number 66 31 B 673402. 3. Ralph Sherer is an adult individual who resides at 710 East 13`h Street, South Souix City, Nebraska, 68776. 4. At all times relevant hereto, Mr. Sherer was operating a 1982 Freightliner Tractor Trailer owned by his employer, Crete Carrier Corp. 5. Crete Carrier Corporation is an interstate trucking company with a principle place of business in Lincoln, Nebraska, and which regularly traverses the highways and byways of the Commonwealth of Pennsylvania. 6. At all times relevant to the matters set forth below, Defendant Sherer was within the course and scope of his employment with Crete Carrier Corp. 7. Laurel Kalp is an adult individual who resides at 1613 Ritchey Road, Everett, Pennsylvania 15537. 8. Isai Tremblay is an adult individual who resides at 4380 Rte. Saint Leonard, Shipshaw, Quebec, Canada. 9. On May 14, 2006, Bruce Camp was driving his wife ' s 2005 Ford Taurus in the left lane of northbound I-81 near mile post 57. 10. At the same time and place, the tractor trailer operated by Defendant, Ralph Sherer was attempting to merge onto northbound I-81 from the entrance ramp at mile post 57. 11. Defendant, Laurel Kalp was northbound on I-81 in the right lane approaching mile marker 57, followed by Defendant, Isai Tremblay. 12. As Ms. Kalp neared the entrance ramp at mile post 57, the tractor trailer merged into the right lane, which was occupied by Ms. Kalp ' s 1997 Chevrolet Camero. 13. To avoid striking the tractor trailer, Ms. Kalp applied her brakes to slow her speed when she was rear-ended by the 2004 GMC Envoy behind her, which was owned and operated by Defendant, Isai Tremblay. 14. The impact from the Tremblay vehicle propelled Ms. Kalp ' s vehicle into the left lane where it caused a collision with the Taurus driven by Bruce Camp. 15. As a result of the negligence and carelessness of the Defendants as is more fully set forth below, Christine Camp's vehicle was damaged in the amount of $12,078.00. 16. Pursuant to an insurance policy issued by Nationwide Mutual Insurance Company to Christine M. Camp, Nationwide was required to pay for the damage caused to Mrs. Camp's vehicle by the Defendants' negligence. As provided in the policy contract, Nationwide is now subrogated to the right of its insured to recover the damages from the at-fault parties. Accordingly, Nationwide demands judgment in its favor in the amount of $12,078.00, in addit to the costs of filing this action. COUNT I Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Ralph Sherer and Crete Carrier Corp 17 Paragraphs 1 through 16 above are incorporated herein by reference as though set forth at length. 18 The collision and damages caused to Christine Camp ' s vehicle were caused by the negligence of Ralph Sherer in: a. Attempting to merge onto northbound I-81 without checking to see if he could do so safely; b. Failing to yield the right-of-way to traffic already traveling on I-81; C. Failing to obey the traffic laws and regulations of the Commonwealth of Pennsylvania; d. Failing to see that which was plainly visible; e. Disregarding the rights and safety of other motorists lawfully on the roadway. 19. As the employer of Defendant, Ralph Sherer, Crete Carrier Corp. is vicariously liable for the negligent actions of Mr. Sherer, who was at all times relevant hereto acting within the course and scope of his employment with Crete Carrier Corp. WHEREFORE, Plaintiff demands judgment in its favor with costs and interests thereon. COUNT II Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Laurel Kalp 20. Paragraphs 1 through 16 above are incorporated herein by reference as though set forth at length. 21. The collision and resulting damage to Christine Camp 's vehicle was caused by the negligence of Laurel Kalp in: a. Failing to keep a watchful lookout for road and traffic conditions ahead; b. Driving at an excessive and/or unsafe speed; C. Failing to observe the tractor trailer as it began to merge onto northbound I-81. WHEREFORE, Plaintiff demands judgment in its favor with costs and interests thereon. COUNT III Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Tsai Tremblay 22. Paragraphs 1 through 16 above are incorporated herein by reference as though set forth at length. 23. The collision and resulting damage to Christine Camp ' s vehicle was caused by the negligence of Isai Tremblay in: a. Driving at an excessive and/or unsafe speed; b. Driving too fast for conditions then and there existing; C. Failing to maintain adequate stopping distance between the Tremblay vehicle and the vehicle driven by Defendant Kalp; d. Failing to maintain a proper lookout for road and traffic conditions ahead; e. Striking the rear of Kalp' s vehicle and propelling it into the lane lawfully occupied by the Camp vehicle which caused the Kalp and Camp vehicles to collide; f. Failing to take adequate precautions for the rights and safety of other motorists on the roadway. WHEREFORE, Plaintiff demands judgment in its favor with costs and interests thereon. Respectfully submitted, LAW OFFICE OF SNYDER & DORER By: JoAnne . Ki*zel, Esquire Identification ,/IVo. 55453 Attorney for Plaintiff Date: September 26, 2006 06HB-00113 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o rase No.: Christine M. Camp, Plaintiff vs. Crete Carrier Corp, Ralph Sherer, Laurel Kalp and ARBITRATION Isai Tremblay, Defendants TION I, Christiana Rau, a Representative of Nationwide Mutual Insurance Company, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa. C. S. A. §4904,' relating to unsworn falsification to authorities. Dated: e 1? y C istiana Rau, Representative of Defendant, Nationwide Mutual Insurance Compa r? D r..> cn:) _ Z'l Fri IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company Case No. 06-5704 a/s/o Christine M. Camp Plaintiff ARBITRATION V. : Crete Carrier Corp., Ralph Sherer, JURY TRIAL DEMANDED Laurel Kalp and Isai Tremblay Defendants ENTRY OF APPEARANCE OF BEHALF OF DEFENDANTS RALPH SHERER AND CRETE CARRIER Please enter my appearance on behalf of Ralph Sherer and Crete Carrier Corp. in the above captioned matter. Sonya K Marcello & Kivisto, LLC 1501 Commerce Ave. Carlisle, PA 17015 O: (717) 240-4686 F: (717) 258-4686 skivisto@cdl-law.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company Case No. 06-5704 a/s/o Christine M. Camp Plaintiff v. Crete Carrier Corp., Ralph Sherer, Laurel Kalp and Isai Tremblay Defendants CERTIFICATE OF SERVICE I certify that the foregoing Entry of Appearance 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 11th day of October, 2006 JoAnne Kinzel Snyder & Dorer 214 Senate Avenue Suite 503 Camp Hill, PA 17011 onya?to h_? ?" i C ` ?~x`? `f `. . ? ? ^; i - W - .-'} .- `- I } G'? -. ?; Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com NATIONWIDE MUTUAL INSURANCE COMPANY A/S/O CHRISTINE M. CAMP, : Plaintiff V. CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP and ISAI TREMBLAY, Defendants Attorneys for Defendant Laurel Kalp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5704 CIVIL TERM CIVIL ACTION - LAW ARBITRATION JURY TRIAL DEMANDED ON ANY APPEAL APPEARANCE AND NOW, this 16th day of October, 2006, enter the appearance of C. ROY WEIDNER, JR., I.D. 19530, on behalf of Defendant Laurel Kalp in the above captioned suit. JOHNSON, DUFFIE, STEWART & WEIDNER By. G oy Weidner, Jr. CERTIFICATE OF SERVICE AND NOW, this 16th day of October, 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, suite 503 Camp Hill, PA 17011 Crete Carrier Corporation P.O. Box 81228 Lincoln, NE 68501 Ralph J. Sherer 710 East 13th Street South Sioux City, NE 68776 Isai Tremblay 4380 Rte. Saint Leonard Shipshaw Quebec, Canada 67P142 JOHNSON, DUFFIE, STEWART & WEIDNER By: ichelle H. Spangler e-? Q i eta cp IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company Case No. 06-5704 a/s/o Christine M. Camp Plaintiff ARBITRATION V. Crete Carrier Corp., Ralph Sherer, JURY TRIAL DEMANDED Laurel Kalp and Isai Tremblay Defendants 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Christine M. Camp Plaintiff Case No. 06-5704 ARBITRATION V. Crete Carrier Corp., Ralph Sherer, Laurel Kalp and Isai Tremblay Defendants JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDO A USTED EN LA CORTE. 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 corte 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 peticion 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Christine M. Camp Plaintiff V. Crete Carrier Corp., Ralph Sherer, Laurel Kalp and Isai Tremblay Defendants Case No. 06-5704 ARBITRATION JURY TRIAL DEMANDED DEEFENDANTS CRETE CARRIER CORP.'S AND RALPH SHERER'S ANSWER WITH NEW MATTER AND CROSSCLAIMS And now this/ day of October, 2006, come Defendants Crete Carrier Corp. and Ralph Sherer by their attorneys, Marcello & Kivisto, LLC and answers Plaintiff s Complaint as follows: 1. Denied. Answering Defendants are without information or belief as to the truth of the averments of paragraph 1, hence they are denied and proof is demanded at the time of trial. 2. Denied. Answering Defendants are without information or belief as to the truth of the averments of paragraph 2, hence they are denied and proof is demanded at the time of trial. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Answering Defendants are without information or belief as to the truth of the averments of paragraph 7, hence they are denied and proof is demanded at the time of trial. 8. Denied. Answering Defendants are without information or belief as to the truth of the averments of paragraph 8, hence they are denied and proof is demanded at the time of trial. 9. Denied. Answering Defendants are without information or belief as to the truth of the averments of paragraph 9, hence they are denied and proof is demanded at the time of trial. 10. Admitted in part and Denied in part. It is admitted that Defendant Ralph Sherer merged onto northbound I-81 from the entrance ramp at mile post 57. All other averments are denied pursuant to Pa.R.C.P. 1029(e) and further denied as Answering Defendants are without information or belief as to the averments and proof is demanded at the time of trial. 11. Denied. The averments of Paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e) and further denied as Answering Defendants are without information or belief as to the averments of Paragraph 11 and proof is demanded at the time of trial. 12. Denied. The averments of Paragraph 12 are denied pursuant to Pa.R.C.P. 1029(e) and further denied as Answering Defendants are without information or belief as to the averments of Paragraph 12 and proof is demanded at the time of trial. 13. Denied. The averments of Paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e) and further denied as Answering Defendants are without information or belief as to the averments of Paragraph 13 and proof is demanded at the time of trial. 14. Denied. The averments of Paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e) and further denied as Answering Defendants are without information or belief as to the averments of Paragraph 14 and proof is demanded at the time of trial. 15. Denied. The averments of Paragraph 15 are denied pursuant to Pa.R.C.P. 1029(e) and further denied as Answering Defendants are without information or belief as to the averments of Paragraph 15 and proof is demanded at the time of trial. 16. Denied. The averments of Paragraph 16 are denied pursuant to Pa.R.C.P. 1029(e) and further denied as Answering Defendants are without information or belief as to the averments of Paragraph 16 and proof is demanded at the time of trial. Count I 17. Answering Defendants incorporate their answers to Paragraphs 1-16 as if set forth in full. 18. Denied. The averments of Paragraph 18 are denied pursuant to Pa.R.C.P. 1029(e) and further denied as Answering Defendants are without information or belief as to the averments of Paragraph 18 and proof is demanded at the time of trial. 19. Denied. The averments of Paragraph 19 are denied as conclusions of law to which no responsive pleading is needed. Answering Defendants further deny said averments pursuant to Pa.R.C.P. 1029(e) and proof is demanded at the time of trial. WHEREFORE, Answering Defendants respectfully request judgment in their favor and against the Plaintiff. Count II 20. Answering Defendants incorporate their answers to Paragraphs 1-19 as if set forth in full. 21. The averments of Paragraph 21 are directed to a party other than Answering Defendants, hence no responsive pleading is required. In the alternative, the averments are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants respectfully request judgment in their favor and against the Plaintiff. Count III 22. Answering Defendants incorporate their answers to Paragraphs 1-19 as if set forth in full. 23. The averments of Paragraph 23 are directed to a party other than Answering Defendants, hence no responsive pleading is required. In the alternative, the averment are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants respectfully request judgment in their favor and against the Plaintiff. NEW MATTER DIRECTED TO PLAINTIFF 24. Some or all of Plaintiff's claims may be barred by the statute of limitations. 25. Some or all of Plaintiff's claims may be barred by the Plaintiff's comparative or contributory negligence. 26. Some or all of Plaintiff's claims may be barred or reduced by the provisions of the Pennsylvania Financial Responsibility Act. 27. Some or all of Plaintiff's claims may be barred or reduced by Plaintiff's election of the limited tort option. WHEREFORE, Answering Defendants respectfully request judgment in their favor and against the Plaintiff CROSSCLAIM CRETE CARRIER CORP. and RALPH SHERER v. LAUREL KALP 28. If Plaintiff sustained the damages as alleged in Plaintiff's Complaint, said damages being herein strictly denied, then said damages were caused by acts, statements, omissions or negligence of Co-Defendant Laurel Kalp as set forth in Plaintiff's Complaint, to which reference is made hereto without adoption or omission. 29. Co-Defendant Laurel Kalp is solely liable to the Plaintiff, or in the alternative, should Answering Defendants be found liable to Plaintiff, liability being herein strictly denied, then Co-Defendant Laurel Kalp is jointly and severally liable with Answering Defendants and is liable over to Answering Defendants by way of contribution and/or indemnification. WHEREFORE, Answering Defendants respectfully request judgment in their favor and against the Plaintiff. CROSSCLAIM CRETE CARRIER CORP. and RALPH SHERER v. ISAI TREMBLAY 30. If Plaintiff sustained the damages as alleged in Plaintiff's Complaint, said damages being herein strictly denied, then said damages were caused by acts, statements, omissions or negligence of Co-Defendant Isai Tremblay as set forth in Plaintiff's Complaint, to which reference is made hereto without adoption or omission. 31. Co-Defendant Isai Tremblay is solely liable to the Plaintiff,, or in the alternative, should Answering Defendants be found liable to Plaintiff, liability being herein strictly denied, then Co-Defendant Isai Tremblay is jointly and severally liable with Answering Defendants and is liable over to Answering Defendants by way of contribution and/or indemnification. WHEREFORE, Answering Defendants respectfully request judgment in their favor and against the Plaintiff. Respectfully submitted, Sonyd,?Ki Yisto Douglas Marcello MARCELLO & KIVISTO, LLC 1501 Commerce Avenue Carlisle, PA 17015 T: (717)240-4686 F: (717)258-4686 IN THE COURT OF COMMON!' PLEAS CUMBMLA'ND COUN'1"Y, PENN'SYLV'ANIA Natiom nde MOW Tmsu mce Company a/s/o Christine M. Camp Plaintiff' V. Crete Carrier Coxp., Ralph Sham, Laurel Kapp and Isd Tremblay Ddendants Case No. 06-5704 I, it c_ 'X?s , hereby verify that the avermemb made in 6m attached Ammer, New Metter and CromxeWms are due and correct to the beat of my information; kw wledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of I8 Pa.C.S.A. Section 4904 relating to unsworn Aleiftcation to authorities. bated: 14 47 01,E TOTAL P.01 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company Case No. 06-5704 a/s/o Christine M. Camp Plaintiff V. Crete Carrier Corp., Ralph Sherer, Laurel Kalp and Isai Tremblay Defendants CERTIFICATE OF SERVICE I certify that the foregoing Answer with New Matter and Crossclaims 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 17th day of October, 2006 JoAnne Kinzel Snyder & Dorer 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Laurel Kalp 1613 Ritchey Road Everett, PA 15537 Isai Tremblay Municipalite de Shipsaw 4380 Rte. Saint-Leonard Shipshaw, Quebec, Canada G7P 1H2 Sonya to m of r --s r n:!3 M fri 71' y F' ? rn J J r-..) .11 Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com NATIONWIDE MUTUAL INSURANCE COMPANY A/S/O CHRISTINE M. CAMP, Plaintiff V. CRETE CARRIER CORP., Attorneys for Defendant Lau?el Kalp IN THE COURT OF COMMON PL?AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5704 CIVIL TERM CIVIL ACTION - LAW ARBITRATION RALPH SHERER, LAUREL KALP and JURY TRIAL DEMANDED ON ANY ISAI TREMBLAY, Defendants DEFENDANT LAUREL KALP'S REPLY TO NEW MATTEA AND NOW, this r day of November, 2006, comes Defendant Laurel Kalp, 1 undersigned attorneys, and replies to Defendants Crete Carrier Corp. and Ralph Sl• matter as follows: CROSSCLA/M Crete Carrier Corp. and Ralph Sherer v. Laurel Kalp 28. Denied. Any omissions or negligence on the part of Defendant specifically denied. On the contrary, she at all times acted reasonably under the cii APPEAL ugh her pr's new Kalp is 29. Denied. This averment is deemed denied as a conclusion of law t which no responsive pleading is required. WHEREFORE, Defendant Laurel Kalp demands judgment in her favor. :285740 JOHNSON, DUFFIg?ART & WEIDINER Roy Weidner, Jr. -ft VERIFICATION The undersigned says that the facts set forth in the foregoing document ar true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, elating to unsworn falsifications to authorities. Kalp Dated: , JUV f' CERTIFICATE OF SERVICE Tr/ AND NOW, this day of November, 2006, the undersigned does hereby, she did this date serve a copy of the foregoing document upon the other parties of causing same to be deposited in the United States Mail, first class postage prepaid, at Pennsylvania, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, suite 503 Camp Hill, PA 17011 Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1501 Commerce Avenue Carlisle, PA 17013 Isai Tremblay 4380 Rte. Saint-Leonard Shipshaw, Quebec, Canada G7P 1 H2 :285740 5774-516 that -ecord by -emoyne, JOHNSON, DUFFIE, STEWART & WEIDNER By: Ile H. Spangler ?"y r`3 ;-3 =' r ea'? ? . p? -.-.{ - Y' '_ - t....J : : : ('?l ::? - .,;+ : t '?.-} 1 f //'' a.,. e? y????1 '' i1? -y 1. ? ? _ _? ?.-..?+n?? L? ? t'? Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com NATIONWIDE MUTUAL INSURANCE COMPANY A/S/O CHRISTINE M. CAMP, Plaintiff V. CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP and JURY TRIAL DEMANDED ON ISAI TREMBLAY, Defendants NOTICE TO PLEAD TO: Nationwide Mutual Insurance Company a/s/o Christine M. Camp c/o JoAnne E. Kinzel, Esquire Crete Carrier Corp. and Ralph Sherer c/o Sonya Kivisto, Esquire Isai Tremblay 4380 Rte. Saint-Leonard Shipshaw, Quebec, Canada G7P 1 H2 AND NOW, this 14C day of November, 2006, you are hereby notifi responsively within twenty (20) days of the date of service hereof, or judgment may against you. ARBITRATION Attorneys for Defendant IN THE COURT OF COMMON PL CUMBERLAND COUNTY, PENNS' NO. 06-5704 CIVIL TERM CIVIL ACTION - LAW JOHNSON, DUFFIE, STEWART & WEI :285716 5774-516 By: C. Roy VTe-idner, Jr. el Kalp .AS OF 'LVANIA APPEAL I to plead ie entered R Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com NATIONWIDE MUTUAL INSURANCE COMPANY A/S/O CHRISTINE M. CAMP, Plaintiff V. Attorneys for Defendant Lain Kalp IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5704 CIVIL TERM CIVIL ACTION - LAW ARBITRATION CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP and JURY TRIAL DEMANDED ON ANY ISAI TREMBLAY, : Defendants ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, this 1 %0 day of November, 2006, comes Defendant Laurel Kalp, undersigned attorneys, and answers Plaintiff's complaint as follows: 1. Admitted. 2. Denied. After a reasonable investigation, answering Defendant knowledge or information sufficient to form a belief as to the truth of said averment. 3. - 7. Admitted. 8. Denied. After a reasonable investigation, answering Defendant knowledge or information sufficient to form a belief as to the truth of said averment. 9. Denied in Part. Admitted in Part. Upon information and belief, it is Bruce Camp was driving his wife's 2005 Ford Taurus. On the contrary, upon info belief, it is believed that it was his 2006 Ford Taurus. The remainder of this averment APPEAL h her is without is without Denied that nation and admitted. 10.-13. Admitted. 14, Admitted in Part. Denied in Part. It is admitted that the impac from the Tremblay vehicle propelled Mrs. Kalp's vehicle into the left lane where it impacted with a Taurus driven by Bruce Camp. It is specifically denied that Ms. Kalp's vehicle caused the co lision with the Taurus being driven by Bruce Camp. On the contrary, the collision was cau d by the negligence of Defendants Ralph Sherer and Isai Tremblay and a James Eslinger. 15. Denied. Any negligence on the part of Ms. Kalp is specifically denied. further denial, After a reasonable investigation, answering Defendant is without knc information sufficient to form a belief as to the extent of the damage to the Camp the monetary amount thereof. 16. Denied. After a reasonable investigation, answering Defendant knowledge or information sufficient to form a belief as to the truth of said averment. COUNT I Nationwide Mutual Insurance Company a/s/o Christine M. Camp v. Ralph Sherer and Crete Carrier Corp. 17. Admitted in Part. Denied in Part. Paragraphs 1 - 16 hereof are by reference herein. 18.-19. Denied. These averments are deemed denied as ones responsive pleading on the part of answering Defendant is required. WHEREFORE, Defendant Laurel Kalp demands that Plaintiffs complaint By way of wledge or hicle and is without which no her be dismissed. COUNTY Nationwide Mutual Insurance Company a/s/o Christine M. Camp v. Laurel Kalp 20. Admitted in Part. Denied in Part. Paragraphs 1 - 19 hereof are i by reference herein. rated 21. Denied. Any negligence on the part of Defendant Laurel Kalp is Specifically denied. On the contrary, she was at all times operating her vehicle in a reasonable arid prudent manner, and any damage was caused by the negligence of Defendants Ralph Sher r and Isai Tremblay and James Eslinger. WHEREFORE, Defendant Laurel Kalp demands that Plaintiffs complaint aga dismissed. COUNT Ill Nationwide Mutual Insurance Company a/s/o Christine M. Camp v. Isai Tremblay 22. Admitted in Part. Denied in Part. Paragraphs 1 - 21 hereof are in by reference herein. her be rated 23. Denied. These averments are deemed denied as ones to which no esponsive pleading on the part of answering Defendant is required. WHEREFORE, Defendant Laurel Kalp demands that Plaintiffs complaint dismissed. NEW MATTER CROSSCLAIMS PURSUANT TO Pa. R.C.P. No. 2252(d) 24. In the event that Plaintiff was damaged as complained of in its com denied, then Plaintiff's damages were the result of acts and omissions of the Co- nst her be which is as set forth in the averments of Plaintiff's complaint against said Defendants, which are for reference herein only, but neither admitted or denied, except as set forth above. WHEREFORE, Defendant Laurel Kalp demands that the Co-Defendants be fond solely liable to Plaintiff; that they be found jointly and severally liable; or that they be found lia le over for contribution and indemnification. JOHNSON, DUFFIE, STEWART & WEID ER By: Roy Weidner, Jr. :285716 5774-516 I, I• VERIFICATION The undersigned says that the facts set forth in the foregoing document ar true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. Laurel alp Dated: /It An, (i (C} CERTIFICATE OF SERVICE AND NOW, this ?" day of November, 2006, the undersigned does hereby she did this date serve a copy of the foregoing document upon the other parties o causing same to be deposited in the United States Mail, first class postage prepaid, a Pennsylvania, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, suite 503 Camp Hill, PA 17011 Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1501 Commerce Avenue Carlisle, PA 17013 Isai Tremblay 4380 Rte. Saint-Leonard Shipshaw, Quebec, Canada G7P 1 H2 that record by Lemoyne, JOHNSON, DUFFIE, STEWART & WEIDNER By: o`'L . N'Itchelle H. Spangler t-l t?J _ f J r.- -r f C7-, '? RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Jeffrey C. Mickletz Identification No.: 87531 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 NATIONWIDE MUTUAL INSURANCE COMPANY a/s/o CHRISTINE M. CAMP Plaintiff, V. CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP, and ISAI TREMBLAY Defendants. Attorneys for Defendant Isai Tremblay COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 06-5704 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Isai Tremblay, in the above- referenced matter. RAWLE & HENDERSON LLP By Gary N. few , Esquire Jeffre C. Mi letz, Esquire ?b d b Isai Date: 1373004 v.1 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing entry of appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, 17011 Attorney for Plaintiff C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 1043-0109 Attorney for Defendant Laurel Kalp Crete Carrier Corp. P.O. Box 81228 Lincoln, NE 68501 Ralph J. Sherer 710 East 13`h Street South Sioux City, NE 68501 RAWLE & HENDERSON Jeffrey C. Kckletz, Esquire Dated: \1 ?0 Orb 1373004 v.l CD f ?t . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Christine M. Camp Plaintiff Case No. 06-5704 ARBITRATION V. Crete Carrier Corp., Ralph Sherer, Laurel Kalp and Isai Tremblay Defendants JURY TRIAL DEMANDED DEFENDANTS' CRETE CARRIER CORP. AND RALPH SHEREIZ, ANSWER TO NEW MATTER CROSSCLAIMS OF DEFENDANT KALP AND NOW, come Defendants, Crete Carrier Corp. and Ralph Sherer, by and through their attorneys, Marcello & Kivisto, LLC, and file this Answer to Defendant Kalp's New Matter Crossclaim. 24. Denied. The averments of paragraph 24 are denied as conclusions of law to which no responsive pleading is required. Said averments are also denied pursuant to Pa. R.C.P. 1029(e) and proof of such is demanded at time of trial. Further, Answering Defendants hereby incorporate by reference their answers to the averments of Plaintiff's complaint. WHEREFORE, Defendants, Crete Carrier Corp. and Ralph Sherer, request this Honorable Court enter judgment in favor of Crete Carrier Corp. and Ralph Sherer. Respectfully submitted, Son 'visto Douglas B. Marcello Marcello & Kivisto, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company Case No. 06-5704 a/s/o Christine M. Camp : Plaintiff V. Crete Carrier Corp., Ralph Sherer, Laurel Kalp and Isai Tremblay Defendants CERTIFICATE OF SERVICE I certify that the foregoing Answer to New Matter Crossclaim 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 November, 2006 JoAnne Kinzel Snyder & Dorer 214 Senate Avenue Suite 503 Camp Hill, PA 17011 John Statler Johnson Duffle 30.1. Market Street PO Box 109 Lemoyne, PA 17043 Isai Tremblay Municipalite de Shipsaw 4380 Rte. Saint-Leonard Shipshaw, Quebec, Canada G7P 1H2 Sonya vi o ' LID i TO THE WITHIN NAMED PARTIES: You are hereby notified to plead to the enclosed ANSWER WITH NEW MATTER AND CROSS-CLAIM, within twenty (20) days from the date of service hereof or default judgment will be entered against you. RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Jeffrey C. Mickletz Identification No.: 87531 Defendant 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Isai Tremblay NATIONWIDE MUTUAL INSURANCE OF COMPANY a/s/o CHRISTINE M. CAMP Plaintiff, V. CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP, and ISAI TREMBLAY Defendants. RAWL EN ERSON LLP Jeffrey. Micklitz Attor ys for Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 06-5704 ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant, Isai Tremblay, by and through his attorneys, Rawle & Henderson LLP, answer plaintiff s Complaint with New Matter, upon information and belief, as follows: 1. Admitted in part and denied in part. Admitted that Nationwide Mutual Insurance Company is an Ohio Corporation. The remaining averments are denied. 2. Defendant, Isai Tremblay, has insufficient knowledge or information upon which to form a belief as to the truth in the remaining averments contained in paragraph 2 of the Complaint and therefore said averments are denied. 1387129 v.I 3. Denied. The allegations contained in paragraph 3 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 4. Denied. The allegations contained in paragraph 4 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 5. Denied. The allegations contained in paragraph 5 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 6. Denied. The allegations contained in paragraph 6 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 7. Admitted in part and denied in part. Admitted that Isai Tremblay is an adult individual. The remaining averments are denied. 8. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 9. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 10. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 11. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 1387129 v.1 2 12. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 13. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 14. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 15. Defendant Isai Tremblay has insufficient information or knowledge upon which to form a belief as to the truth of the remaining averments contained in paragraph 15 of the Complaint and, therefore, they are denied. 16. Defendant Isai Tremblay has insufficient information or knowledge upon which to form a belief as to the truth of the remaining averments contained in paragraph 16 of the Complaint and, therefore, they are denied. WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiffs Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. COUNTI Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Ralph Sherer and Crete Carrier Corn. 17.-19. Denied. The allegations contained in paragraphs 17 through 19 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 1387129 v.1 3 WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. COUNT II Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Laurel Kaly 20.-21. Denied. The allegations contained in paragraphs 20 and 21 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. COUNT III Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Isai Tremblay 22. Paragraphs 1 through 21 above are incorporated herein by reference. 23. The averments contained in paragraph 23 of the Complaint contain conclusions of law to which no responsive pleading is required and, to the extent they are deemed otherwise, they are denied. WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiffs Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. 1387129 v.1 4 NEW MATTER 1. Plaintiff s complaint fails to state a claim upon which relief can be granted. 2. Service of process was improper or insufficient. 3. Plaintiff s claims are barred by the Statute of Limitations. 4. Plaintiffs claims are barred or limited by their violation of the rules, regulations and statutes of the Commonwealth of Pennsylvania and of all local authorities relevant hereto, governing the operation and parking of motor vehicles on the streets and highways. 5. Plaintiff failed to comply with applicable state law, including, but not limited to, The Motor Vehicle Code. 6. Defendant claims all defenses available to them under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, as set forth in 75 Pa.C.S.A. §1701 et sec,. 7. No omissions or conduct on the part of defendants contributed to Plaintiffs alleged damages, if any. 8. Plaintiff failed to mitigate his alleged damages. 9. The damages complained of by plaintiff pre-existed, or are unrelated to, the accident which is the subject matter of this complaint. 10. Plaintiffs claims are barred by the doctrine of assumption of the risk. 11. The negligence of plaintiff either bar his right to recover completely, or reduces his claims under the doctrine of comparative negligence. 12. Plaintiffs alleged damages, if any, were the result of an unavoidable accident, sudden emergency, or Act of God. 1387129 v.l 5 13. Plaintiff's alleged damages, if any, were proximately caused, in whole or in part, by the negligent, reckless and careless conduct of plaintiff. 14. Plaintiffs alleged damages, if any, were proximately caused, in whole or in part, by the fault of third parties for whom defendants are not legally responsible, and the negligent acts or omissions of individuals and/or entities other than answering defendants may have caused or contributed to the alleged damages and/or loss, if any. 15. This Honorable Court lacks jurisdiction over defendant. WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiffs Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. By: Date: I ) Z) )C?' RAWLE & Gary . Stewart, Esquire Jef y C. Mickletz, Esquire orneys for the Defendant, sai Tremblay 1387129 vA 6 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing Answer was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, 17011 Attorney for Plaintiff C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 1043-0109 Attorney for Defendant Laurel Kalp Crete Carrier Corp. P.O. Box 81228 Lincoln, NE 68501 Ralph J. Sherer 710 East 13`h Street South Sioux City, NE 68501 RAWU-&}HENDkRSON LLP 'Ie . Micklitz, Esquire Dated: a J a( 1387129 v.I rte] `-? `' --'q . _.< ; l 5T ? ,? ?1 ..?._ -- f1 r? ..- c... Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com NATIONWIDE MUTUAL INSURANCE COMPANY A/S/O CHRISTINE M. CAMP, Plaintiff V. CRETE CARRIER CORP., Attorneys for Defendant Laurel Kalp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5704 CIVIL TERM CIVIL ACTION - LAW ARBITRATION RALPH SHERER, LAUREL KALP and JURY TRIAL DEMANDED ON ANY APPEAL ISAI TREMBLAY Defendants DEFENDANT LAUREL KALP'S REPLY TO NEW MATTER OF DEFENDANT /SA/ TREMBLAY AND NOW, this (30d.-y of December, 2006, comes Defendant Laurel Kalp, through her undersigned attorneys, and replies to Defendant Isai Tremblay's new matter as follows: NEW MATTER 1.-15. Denied. These averments are denied as conclusions of law to which no responsive pleading is required. Alternatively, they are all denied generally. WHEREFORE, Defendant Laurel Kalp demands judgment in her favor. :288108 JOHNSO FFIE, STEW T & ByZ C Weidner, Jr. VERIFICATION The undersigned says that the facts set forth in the foregoing document are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. - J119WY-Aw Laurel alp ?,V, - ' / I Dated: CERTIFICATE OF SERVICE 4 AND NOW, this day of December, 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, suite 503 Camp Hill, PA 17011 Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1501 Commerce Avenue Carlisle, PA 17013 Gary N. Stewart, Esquire Jeffrey C. Mickletz, Esquire Rawle & Henderson, LLP 25 North Front Street, First Floor Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: Mehelle H. Spangler :288108 5774-516 ` ri C: " . ?>> cam` - - ?., ?„i ? . ...- .? ', i . . ---? ..- `=? --i <.? -', CJ? 06HB-00113 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Case No.: 06-5704 Christine M. Camp, Plaintiff vs. Crete Carrier Corp, Ralph Sherer, Laurel Kalp and Isai Tremblay, TION Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: JoAnne E. Kinzel, Esquire , counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $ 12,078.00. The counterclaim of the Defendant in this action is $ The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators:: JoAnne E. Kinzel, Esquire, Attorney for Plaintiff, Sonya Kivisto Esquire Attorney for Defendants, Crete Carriers Corp. and Ralph Sherer, C. Roy Weidner, Jr., Esquire, Attorney for Defendant. Laurel Kalp, and Gary N. Stewart, Esquire, Attorney for Defendant, Isai Tremblay- WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, Petition, Esquire, and action as prayed for. Respectfully submitted, LAW OFFICE OF SNYDER & DORER r By: JoAnne E.:' nzel, Esquire Attorney Defendant Identification No. 55453 ORDER OF COURT 20 , in consideration of the attached , Esquire, Esquire, are appointed arbitrators in the above-captioned By the Court, J. 06H'B-00113 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Case No.: 06-5704 Christine M. Camp, Plaintiff vs. Crete Carrier Corp, Ralph Sherer, Laurel Kalp and Isai Tremblay, Defendants ITRATION CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Plaintiff herei and that she caused a true and correct copy of the attached Petition for Appointment of Arbitrators. to be served by regular first class mail upon: Sonya Kivisto, Esquire Marcello & Kivisto, LLC '1501 Commerce Avenue Carlisle, PA 17013 C. Roy Weidner, Jr. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Gary N. Stewart, Esquire Rawle & Henderson, LLP 25 North Front Street, First Floor Harrisburg, PA 17101 Date: December 20, 2006 L JoAnn-C'EUKinzel, Esquire Attorney for Plaintiff C ,? Or SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-05704 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONWIDE MUTUAL INSURANCE CO t VS CRETE CARRIER CORP 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 to wit: KALP LAUREL but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of BEDFORD County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 24th , 2006 this office was in receipt of the attached return from BEDFORD Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Bedford County 36.85 Sheriff of Cumberland County Postage 1.02 74.87 ? i_1 l?los 10L 10/24/2006 NATIONWIDE INSURANCE Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland: County, Pennsylvania Nationwide Mutual Insurance Company vs. Crete Carrier Corp et al SERVE: Laurel Kalp No. 06-5704 civil Now, October 5, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Bedford 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, 0% 20LL-5 at I - o'clock M. served the within upon at ) I by handing to -7 a copy of the original ?za,W/J and made known io the contents thereof. So answers, COMMONWEALTH OF PENNSYLVANIA Notarial seal Cynthia J. Kendall, Notary Public Bedford Twp., Bedford County; M 00mnii yiion Expires July 12,2009 t_? 1` 1 t'l` Sheri of ?a EC CC County, PA Member, Pennsylvania Association of Notaries 'COSTS Sworn and subscribe before SERVICE $ me this i day of 20. d L. MILEAGE AFFIDAVIT 14 9 Defendants, Crete Carriers Corp. and Ralph Sherer C. Roy Weidner Jr., Esquire, Attorney for Defendant, Laurel Kalp and Gary N. StewartEsquire Attorney for Defendant Isai Tremblay. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, LAW OFFICE OF SNYDER & DORER f 'rte By: JoAnne E.: nzel, Esquire Attorney Defendant Identification No. 55453 ORDER OF COURT AND NOW, , 20 D , in consideration of the attached Petition, , Esquire, Esquire, and Esquire, are appointed arbitrators in the above-captioned action as prayed for. By the Court, CCA J. CD -Z '?`1 fit X,16 ?? NATIONWIDE MUTUAL INSURANCE COURT OF COMMON PLEAS OF COMPANY a/s/o CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE M. CAMP, PLAINTIFF V. CRETE CARRIER CORP., : RALPH SHERER, LAUREL KALP AND ISAI TREMBLAY, DEFENDANTS 06-5704 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of January, 2007, the appointment of Daniel K. Deardorff, Esquire, as chairman on the Board of Arbitrators in the above- captioned case, IS VACATED. Robert G. Frey, Esquire, is appointed in his place. By the C rrt, obert G. Frey, Esc Court Administrator :sal J Edgar B. Bayley, co ` . t.7 C? c4 I. I%. RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 Payne Shoemaker Building 240 N. Third Street, 9`h Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant, (717) 234-7700 Isai Tremblay NATIONWIDE MUTUAL INSURANCE COURT OF COMMON PLEAS OF COMPANY a/s/o CHRISTINE M. CAMP CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION NO: 06-5704 CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP, and ISAI TREMBLAY Defendants. WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Jeffrey C. Mickletz, Esquire as co-counsel for defendant, Isai Tremblay, in the above-referenced matter. RAWLE NDE O LP By: letz, Esquire ffrey 1,A efendant, Atto D Isai lay ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter David R. Chludzinski, Esquire as co-counsel with Gary N. Stewart, Esquire on behalf of the defendant, Isai Tremblay, in the above-referenced matter. RAWL & HENDERSON LLP By: Gary N. Stewart, Esqui David R. Chludzinski, Esquire Attorneys for Defendant, Date: Isai Tremblay 3ti fo7 2022846-1 9 .doift CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing withdrawal/entry of appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, 17011 Attorney for Plaintiff C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 1043-0109 Attorney for Defendant Laurel Kalp Crete Carrier Corp. P.O. Box 81228 Lincoln, NE 68501 Ralph J. Sherer 710 East 13t1i Street South Sioux City, NE 68501 RAWLE & HENDERSON LLP David R. Chludzinski, Eire Dated: ?I 11 0-4 2022846-1 C"3 r-?' v ?i-i k1 i ? `?°?a ? r _ ? i Vic,, . "? ( J -?,." , ~? ? ? .., RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 240 N. Third Street, 9th Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant Isai Tremblay NATIONWIDE MUTUAL INSURANCE COMPANY a/s/o CHRISTINE M. CAMP Plaintiff, V. CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP, and ISAI TREMBLAY Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 06-5704 DEFENDANT, ISAI TREMBLAY'S MOTION FOR LEAVE TO AMEND ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes defendant, Isai Tremblay, by and through his attorneys, Rawle & Henderson LLP, and hereby moves this Honorable Court for leave to amend his answer and new matter and support thereof avers as follows: 1. This instant matter arises out of a motor vehicle accident which occurred on or about May 14, 2006. 2. Plaintiff initiated this action by filing a complaint on or about September 29, 2006. See plaintiff's complaint attached hereto as Exhibit "A." 3. Plaintiffs complaint named Crete Carrier Corp., Ralph Sherer, Laurel Kalp and Isai Tremblay as codefendants in his lawsuit. 4. On or about November 27, 2006 defendant Isai Tremblay filed an answer with new matter to plaintiff's complaint. See answer with new matter of Isai Tremblay attached hereto as Exhibit "B." 2055498-1 5. Specifically, paragraph 14 of defendant Isai Tremblay's new matter averred that: Plaintiff's alleged damages, if any, were proximately caused, in whole or in part, by the fault of third parties for whom defendants are not legally responsible, and the negligent acts or omissions of individuals and/or entities other than answering defendants may have caused or contributed to the alleged damages and/or loss, if any. 6. At the time that defendant Isai Tremblay filed its answer with new matter, he did not assert cross-claims against codefendants Crete Carrier Corp., Ralph Sherer or Laurel Kalp pursuant to Pa.R.Civ.P. 2252(d). 7. Additionally, defendant Isai Tremblay did not assert cross-claims against codefendants Crete Carrier Corp., Ralph Sherer or Laurel Kalp for the property damage that was sustained by defendant Tremblay's motor vehicle at the time of the accident. 8. Pa.R.Civ.P. 1033 permits a party to amend its pleading at anytime by leave of Court. 9. Specifically, Rule 1033 provides in relevant part: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleadings to the evidence offered or admitted. Pa.R.Civ.P. 1033. 10. The Court has broad discretion and ruling on a party's motion to amend pleadings. Somerset Hospital v. Mitchell & Associates, Inc., 685 A.2d 141, 147 (Pa. Super. 1996) 11. It is firmly established that the right to amend a pleading should be liberally granted at any stage of a proceeding unless it constitutes a surprise which results in prejudice to 2055498-1 an adverse party or the grant thereof constitutes an error of law. Robinson Protective Alarm v. Bolger & Picker, 512 Pa. 116, 516 A.2d 299, 302, n.6 (1986). In fact, the Superior Court has held that it is not an abuse of discretion to permit amendments to a pleading up until the week of trial. Capobianchi v. BIC Corp., 666 A.2d 344, 346 (Pa. Super. 1995). 12. Although this matter is scheduled for arbitration on April 30, 2007, as the motor vehicle accident occurred on May 14, 2006, the statute of limitations for any action based in tort does not run until May 14, 2008. 13. Additionally, codefendants Crete Carrier Corp., Ralph Sherer and Laurel Kalp will not be prejudiced by the amendments of defendant Isai Tremblay's answer and new matter to include cross-claims against codefendants as the codefendants are currently parties to the instant action and have had an opportunity to actively participate in ongoing discovery. 14. Defendant Isai Tremblay respectfully requests permission from this Honorable Court to file an amended answer and new matter asserting cross-claims against codefendants Crete Carrier Corp., Ralph Sherer and Laurel Kalp for the following reasons: a. The issues raised in the Amended New Matter are appropriately addressed within the context of this lawsuit; b. Permitting the proposed amendment will promote judicial economy and will prevent possible inconsistent verdicts; and c. Co-defendants, Crete Carrier Corp., Ralph Sherer and Laurel Kalp will not be prejudiced by the proposed amendment as they are currently parties to the instant action and have had an opportunity to actively participate in on-going discovery. 15. Defendant Isai Tremblay has attached a copy of its amended answer and new matter to assert cross-claims against codefendants Crete Carrier Corp., Ralph Sherer and Laurel Kalp, attached as Exhibit "C." 2055498-1 16. Counsel for defendant Tremblay sought concurrence of all opposing counsel of record and concurrence was not given by all parties. WHEREFORE, defendant Isai Tremblay respectfully requests this Honorable Court to permit it to amend its answer and new matter to assert cross-claims against codefendants Crete Carrier Corp., Ralph Sherer and Laurel Kalp. RAWLE & HENDERSON LLP By: - Gary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for the Defendant, Isai Tremblay Date: V/ I ?-? 2055498-1 EXHIBIT «A?? NOV-06-06 MON 02:06 PM G. 'ORD & COMPANY FAX NO, 71721 81 P, 07 ,O/NOV. 6. 2006; 1;05%lat4r,1NDEMNISATION DGAG JANINE LF-BLANC NQ 96? N y ?° 73106r 113898 90 Rmq C? :x LAW SENATE A VBVfjF;, 8vJjT9 503 'rkLRPV0NGNUMOUR' (1)7)VI-0999 A TroRivey I-t VLAINT0 . , ml'TH? COURT OV COWON MAS C:?,F:kt?-ANi7 C¢V1UTY, Pb"N,NSYLYnNIn 1J?tycrri?vidG Mut1,n] x9asW'ar1U0 Co1r;?lrary o/slo ase h1o,: ?1,,, -••.5?'?'b'y c.s t Chfl64nr, h'!, Camp, + F'latntjfj' yS. ARD Crete Canirr Corp, Ralph She><er, Law 4l Kelp a4 T1TtATTON lssrl '1i'camb)nyti • L7are?r)nn.te'' c -LE- YOU HAVE JBUN WED r1tCO1i1RT, )t you ?rh to doPertrt A6aibs? tilt alalm? Ftt Earth i 010 followfrap pagapt you tnuat take Aogovi wishtm Wanly (20) days -,ft his Complaint and Nallim uc scrvd by cmc; lg a wrfact appearamt persoully or by anorrmay and fillnC to writing with the calf yomr defensoa,or nWerd9m to the eiaigw sat fordr isainat yoti, You are warned that iP you fal) to d 90, the ease MNY prmm W16001 Yara,.%4 P Ju4smone may be oncerad sigalnn you by the chart witboo ? lbrthel botlce for pray tnmey dammed jet The Oimplaint or far six othar elnlm or rdet rrgasstod by tlt Plaindff. You rosy jolt momy o propeq of outer rjghss Impomill t0 you. IIi Y91r momr) TA >a ?1xq pnpkw TO YOUR LALMI E,p, !'T 4MCE. IF YOV DO NO f HAVL, A LAWYEN OR CANNOT AP,FOAJ),ONE, d0 TO OR 1• UROle TH6 U P10 5 ? FOR.T11'1rI.OW TO FND OUT WHIM YOU CAN OET'LSCAL R51,P, C >mmA Coma (Umbx tarlmd Counry )hr Assajodon 7 Ubam/ Aveae i `? Carlislo, )r,A 17013 (717),245-3166 [•800.5905106 r IT01; Wry " 4 jia T?1Wttifot?IN?perue , I he?e umo al 10, W 1t i aaw??,?; . FZ, NOV-06-06 MON 02:06 PM C FORD & COMPANY 10/0. 6.2006: 1:05PR5044FINDEMNISATION DGAG ?61E??=(lU] 1? A Z v oam OF "mDY'R'4t P oRrA II(I EVNA`T: A),YAgTU)Fy3UtM503 'T?T.EPf1?i?1?.(?1UM1??F?= (%?? 731?4??83 r FAX NO, 7172' )-81 P, 06 JANINE L.Er.BLANC W 967 P, 6,6/6- P " 145W6fc__, /1:,1'J VIVV aI XVJ6A? W%A'r rI TK,rr•rE CQTJl ,T OP COMMON PLEAS GL1MBMAND COVNM ?F..NNSX LVAMA ltilatia?widd IvSutu?l lnviza=4 Cahtpapy P-9110 we Nb,; Chrlst yle: M, Camp, j?lain4lt?' vs. Crate CwierCorp, it;dph Slitrcr, Lgurel UP mid "iI)AT1ON M Zsr?l 'l??ernZ7l?Y, ', n I f7?!'?:•?datttt? 10 7 AND NOW vanes thr Plaintil by its gprAey, JaAnnc 1s, gir vt 1, Esquir--, and seats ,forth the followixig Complaint; a J 1, . Wol nwide Mutual Insuramce Company is an Ohio Corprabon Rocrtsed to do busimss in tho Oox=Q(twoalth of rrajsylvaDia whare it sells motor vehicle inomace to resida is ot'lae ^ylv nia, Nadonwide has q place of business at 1000 NaLtimvide Driva, l???riQb?,r?,1'cniasyl?attia 1.7105. 2, At all tildes relawot hereto, Nationwide p,rovidod motor vohic]N, insurfirtoo to Chylstine W. Camp for btr 2005 Ford Taurus pursuai t to VoAay number 66 3133 673402, NOV-06-06 MON 02 ' ,07 PM L JFORD & COMPANY ia,NOV. 6. 2006,: 1.05 PNp %i4il ND EMN I SAT ION DGAG X FAX NO, 7172, .i81 P. 08 JANINE LEBLMC, N' 96l r, i- 3 , lph ,SR?.xer ss adult inclivicltl l who resides at ? I 0 Eam IV weer, SOV? l SouN City, Nebraska, 68776. •.i.w'--?T^.^\---?w-rn+r-..fr+..rh.?1r !?;__ __ ?.r??0/ ?.-.-•?.r?-+.?w?rl^ fr 4, At all limos reJevant bzrato, dlr. Sherer Was operating a x982 l=rcightlir?er a 1 Trwu Trifler m ed by his omploy'pr, Crate Curler Corp. ?. Cr`ate C xVer C:otpOrta?lon is an ioirrstato trucking company with N priaciplc pta6o of b ac-iaess in r.,imolzu, Nebru6, and vrltich regularly traverses dic highways and byways of fihte Cnm!nonwealth of pe?syl?renia. 5. At aII ernes eKovamt tb tht rn ttt rs Set forth below, Def'rmaadent 8horer vvu o,(s,dnS Within tht conot and aeopo of jus &A'Playx. imt %ith Crete Carrier Corp, a i 7. LgUrel KRIp i0 a,o a4 individual who resides at J6I3 Ri.t6ey Road, kFvtrett,, P?rs?tsylv?nla • !5537; ? , 8. sail Tremblay is mot adult indtvidiiaJ who resides at 4380 Ric, Saim Lenrtard., Shipsbaw, Q?mbeo, Canada, 'i 'r 9, Oti May 14, 2006, Amce Camp was driving leis wil'e's 2005 Ford Taurus in left last, Qf J94Xthbotd d 1-81 near mile PO,515 7, t; A 10. At 04e same time and plaoa, the tmctor traitor operand by beflmdanl, )k;q)ph 5hrrcr vVaq attempting to rnerge am northbound T-91 from the enzramce rat ap at mile post 57. NDV-06-06 MON 02.07 PM t 'FORD & COMPANY FAX NO, 7172, .i81 P. 09 irj,N(lV, 6. 2006.; 1:05PKEmldFINDEMNISATION DGAG JANINE L-MA•tc rrrr^^KQ 967 P. Z3• `3A' DF v i 1X. r)ofendatit, Laurel K4 was boithbound on Y-SI in rite, right land appxoachinE p __.?., 'xr.Cl'1s?'??7`r'trc??'•t?'rd'?Yr; ?ss?-`i ze ___.?. , , ,,,,?, _._. ? - 12, As Ives, alp no W61tl!o eniv noo -ramp ac mile post 57, the tractor trailer i„ 1=lVd inco tba riZbl latae, which Wa; oeoupied by Ms, Kalp's 1997 C;hev?glet C=ero, , the ;actor tt: ile>C, Ms. Kaip applied her brakes to slaw het 13, To avoid grikiq speed when, was rear-edrrod byte 2004 VMG P.nvoy b0k:kd her, whicln was owned anc] opaxa?d b? l?a?e?d?r? Isal 'r'rc?,h??g?, , t4. The Impact fxorn the llmmblay vehicle propelled Ms, Kalp's vebir.10 ttlta t17('4 Iam Line WhZ m it cam-f l a Collision 3rilb 1110'Pduxu6 drivon by,9=7,c Camp, 15. As a result of tlae Aetgligence and caxetessness of ilia Defend=s as Is mom fully set forth -Wow' christive Camp's *1010 was -darneged in the ammt of S12,079.00, 16; ;pwrsuam to axi'snsurance policy lssUod by Natio wide Mutuel bsuranrx' Comps to Christino M. Camp, Nat5onv4de was rga1red to pay for the damage causead to ma.' Comp's r?chicl0 by the )actendaa?t ' ne ligen . Aq pxovidN bi tote policy contraet, Nadonwfdo 1s AM Sulirogated to tho right of its lrxsuxgd ?o recov" th,, darnaggo from the at-Sash parties. Accordivgly,'r` aionwidc demands jucdgmant in Its ;favor is the smouni of $11,075,00, in odditi to tilt coos 0? filjnv' ?b1s action. NOV-06-06 MON 02;07 PM JFORD & COMPANY 1 rNOV, b, 2006,; 1c05PKsei4dNDFMNISAT10,N DGAG f? s FAX NO, 7172, Al JANINE LEBLANC 96 / P, 10 1 C-{ ' N?a?r ttlc?,'? ,,u,„?,_n+R?rc??nro L"6 ?pRt1y c?lslo hrictat?e 'X.,,C a ?s. R Inl 6Lhsrer and C'rere_GAM! w Carp 17 raragrapT41 throglz.116,mboye are lacorporatcd heroin by rohxeace as though i sbt fof6 At length. ?i , 'r J 19 The colii40a "d [Wa?Ue:s taused to Christive Camp's vehicle were cai ed by ilia xiegT3ganoo of Ralph Sharer ill., •1 'f Attempt tank to.mcrge Onto"northbound 1-81 williout cheokil?g to se4 krhe could dQ so Weiv, 7 .17 b, FWlj4g to ydtld T. a riort-of way to traffic already traveling on 1-8I y c. FfLklilig to obey the traffw law, and regiggioos of tho Cankrnozawcalth of ?'ezxncylvctrtlu;' , d. Failing cc see'1hat which was plainly visible, 7 c. Uisropzding the rights and safety of gtlxcT motorists lawfujly on thw roadway, w Y 19, As tlce omployer of PefeA4ant, kalpb Sherer, Crate Cartier Corp, is v1Gariously liable for tho neslxtrmt 4000E of Up ?hercr, w,4o was at all times rt,Jev;W heieta acting WW11n rite course a?td scope of lus,employmellt with Craze Carrier Corp. W1=IJ3nFORS, ralair?t)f#'dexr wds judgalent in its favor with c=s and later-ens tkterean. ? , ' NGV-06-06 MON 02:07 PM C FORD & COMPANY FAX NO, 7172' >81 Io NOU. 6. 20061 f : 0644sv t I NDFMN [ SATI DN DGAG JANINE I_MLANC N? yb / r. i utP 11 oC'r-1 00.27 DE . p:i4SO4460919 r.5,,6 •d Y f? e 19, ' S'a atcaphs f through jtb zbovc ar6 incoiparated herein by xefemnee as 6ougli ?eG forth r?i 1??i,??, • 21, T'ho colllslQn and rmk ing daftaga to Chrism Camp Is vclkle was caused by tine Ki ti onoa bf Laural Kalp bi: "Falling to &p4p'$ w?tcMl lookout for road and traffiia oonditions ahead; b. laaivibg at wi c=%sive and/or unsafe spud; e. . Failing to ab?erve, Elie -Uaytor txpilor as it began to mere OnTo zaarthbav?td);^?1. . , m "REF0RE, Plaintiff devnodsyudguxenr in its favor *dnh costs and iAtcxests thereoM. 22-01W . atiomid?? are rArAID tiv I"1I0 C1irfstIne M. Cool 2 l?aza xr?ph? 1 tbxaugh 16 abDve are incorporated horein by referalice ng UIPLIg}z ;ct Forth tit length. Y NOV-06-06 MON 02,08 PM WORD & COMPANY FAX NO, 7I7('-- 561 N P 1? io,NOU, 6. 2006.0 146RIS0ad(INDEMNISATION DGAG JANT.NE LEBLANC NI 967 e fJCT-? -iWG 09127 OP r i 23, The catirstun and resulting damuee to Christine Camp `s vrMr.)d waS cause tr;y Q, 7;)ri'vSrag at sm cxc..ss3ve and/or c=4, speed; b. WIvIng too Test for cpadWorl then and tharo existirig; c. Vailing to tzJA adequim stopping distanco between the Tremblay vchfefo and ilia vehiclo dx'ivcn by Defendarx Kaa P; d. Failing co maintain apxoper lookout for' toad and txwffic col)ditxons M e. Striking the rcaY Of UP' 9 vehiolo and propclliq it into the lartc lwtillly acoopic;d by th; C..p vehiole which causod The Kelp and Camp vebioles to collide; f, Palling to taltc a40guata pxMatuMons for the rialits and safety of other moiorl?tx tau thc? xoRrlvUay. ' • , • ' EP,EFORBa Pwrctigdec z do judgment axz its fdvor %jei costs and interests thereon. Respectfully submitted, LAW OPxI+CIY OF SM]EA ? POR)M . ,. ?' '' JoAnne ?". ?Ci?tzely esquire Xcic?,t;rxoatio??No, SW3 ,Attortney fpr, plaintiff Date; ? A f' , ' NOV-06-06 MON 02:08 PM WFORD & COMPANY FAX NO. 717 581 10,ov, 6.2006; 1,06PPh5od4dNDEMNISATIDN DGAG i- NG h°96? ?iaa?s? 5 714 SENATr-, AVFNt11s> '?`??chrtt?N?NVM?F'?: (7?7) A"t'3'ogro1? wot'I'LAiPiIMT To OUR-r C) COM ON PT,,-AS cot.lNX'Y,p c?TSYI?'??NIA cTAIBE PL ,ND se Tin,: LVati??nevirial?Sut?n7 lr?sttraz?oe ?nrapany a/?lo chr oohs M, 'amp, S'lain?i?'k K IY' 0 1Calp 3ttd Cate uri X Corp, 1 ?pla Show. Torture, N 7MJ11'?rt:,mbl,ay! r Defopdaints mmww? TION P, 13 P. 12,x$6 'Ftiana 1, , T?epre e aatfve ofNa.ti6nwidr'mat'aal L I=azxce Camp Yg vexl 'y aa-V C, , aro uue and'cprreot to thO lsest of my that The statco,euts ma do in tkla £arog?lta . knowleeiv, information and bellr4 F -andc stand that false statement herein axe rnarl6 sribject w the ponA Iles orpa-C,&A, §49041-relat AF, to un3wDrn f'alsiflcll" to authbzitios. >?7aZ?d:,?,T.._,,.,.. irislia RpUpepxt'?entatxvG at` Def ntd zL, NatIoNvIdo Mum) Irtsuzance Gompan: ,1 EXHIBIT TO THE WITHIN NAMED PARTIES: You are hereby notified to plead to the enclosed ANSWER WITH NEW MATTER AND CROSS-CLAIM, within twenty (20) days from the date of service hereof or default judgment wi11 be entered against you. RAWLE'B,?ENDERSON LLP Jettrey Mtcklttz Attor ys for Defendant RAWLE & HENDERSON LLP r By: Gary N. Stewart Identification No.: 67353 By: Jeffrey C. Mickletz Identification No.: 87531 Attorneys for Defendant = 25 North Front Street, First Floor Isai Tremblay Harrisburg, Pennsylvania 17101 (717) 234-7700 NATIONWIDE MUTUAL INSURANCE COURT OF COMMON PLEAS OF COMPANY a/s/o CHRISTINE M. CAMP CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION NO: 06-5704 CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP, and ISAI TREMBLAY Defendants. ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant, Isai Tremblay, by and through his attorneys, Rawle & Henderson LLP, answer plaintiff's Complaint with New Matter, upon information and belief, as follows: 1. Admitted in part and denied in part. Admitted that Nationwide Mutual Insurance Company is an Ohio Corporation. The remaining averments are denied. 2. Defendant, Isai Tremblay, has insufficient knowledge or information upon which to fonii a belief as to the truth ill the remaining averments cont?diied in paragraph 2 of the Complaint mid thercf'Ore said averments are klemcd. 1337129 v l 3. Denied. The allegations contained in paragraph 3 of the Complaint are directed to another party and, therefore, no response is required of defendant Tsai Tremblay 4. Denied, The allegations contained in paragraph 4 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 5. Denied. The allegations contained in paragraph 5 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 6. Denied. The allegations contained in paragraph 6 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 7. Admitted in part and denied in part. Admitted that Isai Tremblay is an adult individual. The remaining averments are denied. 8. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 9. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 10. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 11. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demandc,-l at trial. I?"/!?.9 v.l 7 12. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai "Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 13. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 14. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 15. Defendant Isai Tremblay has insufficient information or knowledge upon which to form a belief as to the truth of the remaining averments contained in paragraph 15 of the Complaint and, therefore, they are denied. 16. Defendant Isai Tremblay has insufficient information or knowledge upon which to form a belief as to the truth of the remaining averments contained in paragraph 16 of the Complaint and, therefore, they are denied. WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. COUNTI Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Ralph Sherer and Crete Carrier Corp. 17.-19. Denied. The allegations contained in paragraphs 17 through 19 of the Complaint are directed to another 1)?irty and, therefore, no response is !-equired of defendant Isai Ti-c!iilolay l 3 ;7 1 29 v. 1 3 WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. COUNT II Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Laurel Kalp 20.-21. Denied. The allegations contained in paragraphs 20 and 21 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. COUNT III Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Isai Tremblay 22. Paragraphs 1 through 21 above are incorporated herein by reference. 23. The averments contained in paragraph 23 of the Complaint contain conclusions of law to which no responsive pleading is required and, to the extent they are deemed otherwise, they are denied. WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this I-Ionorable Court deems just and proper. 138 7129 v.1 4 NEW MATTER 1. Plaintiffs complaint fails to state a claim upon which relief can be granted. 2. Service of process was improper or insufficient. 3. Plaintiff's claims are barred by the Statute of Limitations. 4. Plaintiff's claims are barred or limited by their violation of the rules, regulations and statutes of the Commonwealth of Pennsylvania and of all local authorities relevant hereto, governing the operation and parking of motor vehicles on the streets and highways. 5. Plaintiff failed to comply with applicable state law, including, but not limited to, The Motor Vehicle Code. 6. Defendant claims all defenses available to them under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, as set forth in 75 Pa.C.S.A. §1701 et seg. 7. No omissions or conduct on the part of defendants contributed to Plaintiff's alleged damages, if any. 8. Plaintiff failed to mitigate his alleged damages. 9. The damages complained of by plaintiff pre-existed, or are unrelated to, the accident which is the subject matter of this complaint. 10. Plaintiffs claims are barred by the doctrine of assumption of the risk. 11. The negligence of plaintiff either bar his right to recover completely, or reduces his claims under the doctrine of comparative negligence. 12. Plaintiff's alleged damages, if any, were the result of an unavoidable accident, sudden emergency, or Act of God. 1387129 v.1 5 13. Plaintiff's alleged damages, if any, were proximately caused, in whole or in part, by the negligent, reckless and careless conduct of plaintiff. 14. Plaintiff's alleged damages, if any, were proximately caused, in whole or in part, by the fault of third parties for whom defendants are not legally responsible, and the negligent acts or omissions of individuals and/or entities other than answering defendants may have caused or contributed to the alleged damages and/or loss, if any. 15. This Honorable Court lacks jurisdiction over defendant. WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. RAWLE & By: Date: 11 Z))C?, ERSON Gary lStewart, Esquire Jef y C. Mickletz, Esquire orneys for the Defendant, sai Tremblay X7129 v.I CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing Answer was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, 17011 Attorney for Plaintiff C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 1043-0109 Attorney for Defendant Laurel Kalp Crete Carrier Corp. P.O. Box 81228 Lincoln, NE 68501 Ralph J. Sherer 710 East 13`h Street South Sioux City, NE 68501 Dated 1) /6? J 0(?D RAWLE"&1HENDERSON LLP ffrey?U. Micklitz, Esquire 1387129 v I EXHIBIT <<C,, TO THE WITHIN NAMED PARTIES: You are hereby notified to plead to the enclosed ANSWER WITH NEW MATTER AND CROSS-CLAIM, within twenty (20) days from the date of service hereof or default judgment will be entered against you. RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 240 N. Third Street, 9th Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 RAWLE & HENDERSON LLP Gary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for Defendant Attorneys for Defendant Isai Tremblay NATIONWIDE MUTUAL INSURANCE COMPANY a/s/o CHRISTINE M. CAMP V. Plaintiff, CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP, and ISAI TREMBLAY Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 06-5704 DEFENDANT, ISAI TREMBLAY'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER, NEW MATTER CROSS-CLAIMS PURSUANT TO Pa.R.C.P. 2252(d) AND CROSS-CLAIMS Defendant, Isai Tremblay, by and through his attorneys, Rawle & Henderson LLP, answers plaintiff's Complaint with New Matter, upon information and belief, as follows: 1. Admitted in part and denied in part. Admitted that Nationwide Mutual Insurance Company is an Ohio Corporation. The remaining averments are denied. 2055406-1 2. Defendant, Isai Tremblay, has insufficient knowledge or information upon which to form a belief as to the truth in the remaining averments contained in paragraph 2 of the Complaint and therefore said averments are denied. 3. Denied. The allegations contained in paragraph 3 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 4. Denied. The allegations contained in paragraph 4 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 5. Denied. The allegations contained in paragraph 5 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 6. Denied. The allegations contained in paragraph 6 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay 7. Admitted in part and denied in part. Admitted that Isai Tremblay is an adult individual. The remaining averments are denied. 8. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 9. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 10. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 2055406-1 2 11. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 12. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 13. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 14. Neither admitted nor denied. The police report speaks for itself by way of further answer defendant Isai Tremblay denies that he was negligent or careless in any matter whatsoever and strict proof thereof is demanded at trial. 15. Defendant Isai Tremblay has insufficient information or knowledge upon which to form a belief as to the truth of the remaining averments contained in paragraph 15 of the Complaint and, therefore, they are denied. 16. Defendant Isai Tremblay has insufficient information or knowledge upon which to form a belief as to the truth of the remaining averments contained in paragraph 16 of the Complaint and, therefore, they are denied. WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. 2055406-1 3 COUNTI Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Ralph Sherer and Crete Carrier Corp. 17.-19. Denied. The allegations contained in paragraphs 17 through 19 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. COUNT II Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Laurel Kalp 20.-21. Denied. The allegations contained in paragraphs 20 and 21 of the Complaint are directed to another party and, therefore, no response is required of defendant Isai Tremblay WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. COUNT III Nationwide Mutual Insurance Company a/s/o Christine M. Camp vs. Isai Tremblay 22. Paragraphs 1 through 21 above are incorporated herein by reference. 23. The averments contained in paragraph 23 of the Complaint contain conclusions of law to which no responsive pleading is required and, to the extent they are deemed otherwise, they are denied. 2055406-1 4 WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. NEW MATTER 24. Plaintiff's complaint fails to state a claim upon which relief can be granted. 25. Service of process was improper or insufficient. 26. Plaintiff s claims are barred by the Statute of Limitations. 27. Plaintiffs claims are barred or limited by their violation of the rules, regulations and statutes of the Commonwealth of Pennsylvania and of all local authorities relevant hereto, governing the operation and parking of motor vehicles on the streets and highways. 28. Plaintiff failed to comply with applicable state law, including, but not limited to, The Motor Vehicle Code. 29. Defendant claims all defenses available to them under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, as set forth in 75 Pa.C.S.A. §1701 et seq. 30. No omissions or conduct on the part of defendants contributed to Plaintiffs alleged damages, if any. 31. Plaintiff failed to mitigate his alleged damages. 32. The damages complained of by plaintiff pre-existed, or are unrelated to, the accident which is the subject matter of this complaint. 33. Plaintiffs claims are barred by the doctrine of assumption of the risk. 2055406-1 5 ! f 34. The negligence of plaintiff either bar his right to recover completely, or reduces his claims under the doctrine of comparative negligence. 35. Plaintiffs alleged damages, if any, were the result of an unavoidable accident, sudden emergency, or Act of God. 36. Plaintiff's alleged damages, if any, were proximately caused, in whole or in part, by the negligent, reckless and careless conduct of plaintiff. 37. Plaintiff's alleged damages, if any, were proximately caused, in whole or in part, by the fault of third parties for whom defendants are not legally responsible, and the negligent acts or omissions of individuals and/or entities other than answering defendants may have caused or contributed to the alleged damages and/or loss, if any. 38. This Honorable Court lacks jurisdiction over defendant. WHEREFORE, defendant respectfully requests that this Honorable Court dismiss plaintiff's Complaint with prejudice, and deny the relief requested therein, grant judgment in favor of the defendant and against the plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. CROSS-CLAIMS OF DEFENDANT ISAI TREMBLAY DIRECTED TO ALL CODEFENDANTS PURSUANT TO Pa.R.Civ.P. 2252(d) 39. Defendant incorporates by reference his answers to the preceding paragraphs of plaintiff's complaint as though the same were set forth at length herein. 40. Answering defendant has denied and continues to deny any and all liability to plaintiff. However, if it is judicially determined that plaintiff is entitled to recover against answering defendant or answering defendant is in anyway liable, that liability is the result of the actions, inactions, or otherwise culpable conduct of codefendants, as more fully set forth in plaintiff's complaint against all defendants, the allegations which are hereby incorporated by 2055406-1 6 t • reference, but not admitted. Codefendants are solely liable to the plaintiffs jointly and/or severally liable to plaintiffs or they are liable over to answering defendant, and/or in part, for any liability determined against answering defendant. WHEREFORE, answering defendant demands that plaintiff's Complaint be dismissed, and that judgment be rendered in his favor and against plaintiff together with cost, fees, and such other and further relief as may be appropriate. CROSS-CLAIMS OF DEFENDANT ISAI TREMBLAY DIRECTED TO ALL CODEFENDANTS 41. Defendant incorporates by reference plaintiff's complaint, though not admitted, and defendant Tremblay's answers to the preceding paragraphs of plaintiff's complaint as though the same were set forth at length herein. 42. On May 14, 2006 defendant Isai Tremblay was driving his 2004 GMC Envoy in the right lane of northbound I-81 near milepost 57. 43. At the same time and place, the tractor trailer operated by codefendant, Ralph Sherer was attempting to merge onto northbound I-81 from the entrance ramp at milepost 57. 44. Codefendant, Laura Kalp was traveling on northbound I-81 in the right lane approaching mile marker 57, directly in front of defendant Isai Tremblay. 45. As codefendant Kalp neared the entrance ramp at mile post 57, the tractor trailer being driven by codefendant Ralph Sherer merged into the right lane, which was occupied by codefendant Kalp's 1997 Chevrolet Camero. 46. Codefendant Kalp immediately and without warning slammed her brakes causing defendant Isai Tremblay's vehicle to strike into the vehicle owned and operated by codefendant Kalp. 2055406-1 7 47. As a result of the negligence and carelessness of the codefendants, as more fully set forth below, defendant Tremblay's vehicle was damaged in an amount of approximately $8,500.00.. 48. Collision and damages caused to Isai Tremblay's vehicle were caused by the negligence of codefendant Ralph Sherer in: a. Attempting to merge onto northbound I-81 without checking to see if he could do so safely; b. Failing to yield the right away to traffic already traveling on I-81; C. Failing to obey the traffic laws and regulations of the Commonwealth of Pennsylvania; d. Failing to see that which was plainly visible; and e. Disregarding the rights and safety of other motorists lawfully on the roadway. 49. As the employer of codefendant, Ralph Sherer, Crete Carrier Corp. is vicariously liable for the negligent actions of codefendant. Sherer, who is at all times relevant hereto acting within the course and scope of his employment with codefendant Crete Carrier Corp. 50. The collision and resulting damage to Isai Tremblay's vehicle was also caused by the negligence of codefendant Laura Kalp in: a. Failing to keep a watchful lookout for road and traffic conditions ahead; b. Driving in excessive and/or unsafe speed; C. Driving too fast for conditions then and there existing; d. Failing to maintain a proper lookout for road and traffic conditions ahead; 2055406-1 8 • C. Failing to observe the tractor trailer as it began to merge onto northbound I-81; and f. Failing to take adequate precautions for the rights and safety of other motorists on the roadway. WHEREFORE, defendant Isai Tremblay request that this Honorable Court grant judgment in his favor and against all codefendants and grant such other and further relief as this Honorable Court deems just and proper. RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for the Defendant, Isai Tremblay Date: 2055406-1 9 • - CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing Answer was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, 17011 Attorney for Plaintiff C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 1043-0109 Attorney for Defendant Laurel Kalp Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1501 Commerce Ave Carlisle, Pa 17013 Attorney for Crete Carrier Corp. & Ralph Sherer RAWLE & HENDERSON LLP By: Date: Gary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for the Defendant, Isai Tremblay 2055406-1 ! - ' CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, 17011 Attorney for Plaintiff C. Roy Weidner, Jr., Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 1043-0109 Attorney for Defendant Laurel Kalp Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1501 Commerce Ave Carlisle, Pa 17013 Attorney for Crete Carrier Corp & Ralph Sherer RAWLE & HENDERSON LLP By: I C?, L-\c 6ary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for the Defendant, Isai Tremblay Date: V//C,/07 2055498-1 RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 240 N. Third Street, 9th Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant (717) 234-7700 Isai Tremblay NATIONWIDE MUTUAL INSURANCE COURT OF COMMON PLEAS COMPANY a/s/o CHRISTINE M. CAMP CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION : NO: 06-5704 CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP, and ISAI TREMBLAY Defendants. DEFENDANT, ISAI TREMBLAY'S AMENDMENT TO HIS MOTION FOR LEAVE TO AMEND ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes defendant, Isai Tremblay, by and through his attorneys, Rawle & Henderson LLP, and submits the following amendment to his motion for leave to amend his answer and new matter to plaintiff's complaint as follows: 17. Judge Bayley has ruled on an issue in this matter, specifically Judge Bayley filed an Order on January 17, 2007 appointing Robert G. Frey, Esquire as Chairman of the Board of Arbitrators in the above-captioned matter. WHEREFORE, defendant Isai Tremblay respectfully requests this Honorable Court to permit it to amend its answer and new matter to assert cross-claims against codefendants Crete Carrier Corp., Ralph Sherer and Laurel Kalp. RAWLE & HENDERSON LLP B y. ary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for the Defendant, Dated: 1 t- Isai Tremblay 2060769 CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, 17011 Attorney for Plaintiff C. Roy Weidner, Jr., Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 1043-0109 Attorney for Defendant Laurel Kalp Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1501 Commerce Ave Carlisle, Pa 17013 Attorney for Crete Carrier Corp & Ralph Sherer RAWLE & HENDERSON LLP By: Lt?) (?a Gary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for the Defendant, Isai Tremblay Dated: k? ( a 2060769 C) CD (77 t .a `n 'lJ ni - f V 71 'Y NATIONWIDE MUTUAL : IN THE COURT OF COMMON PLEAS OF COMPANY a/s/o CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE M. CAMP, Plaintiff V. CRETE CARRIER CORP., RALPH SCHERER, LAUREL KALP, and ISAI TREMBLAY, Defendants CIVIL ACTION - LAW NO. 06-5704 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of April, 2007, upon consideration of Defendant, Isai Tremblay's Motion for Leave To Amend Answer and New Matter to Plaintiff's Complaint, and of an amendment to the motion filed on April 20, 2007, the effect of which would be to increase the issues in the case and, presumably, lead to an additional series of pleadings, and a hearing before a judicially-appointed board of arbitrators having already been scheduled for April 30, 2007, the motion is denied. BY THE COURT, __ I A /?;//. J. )Wesley Oler, ., J. /oAnne E. Kinzel, Esq. 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Attorney for Plaintiff S onya Kivisto, Esq. 1501 Commerce Avenue Carlisle, PA 17013 Attorney for Defendants Crete Carrier Corp. and Ralph Sherer vno 91:z HJ Lz 1-0'V Loot /Roy Weidner, Jr., Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant Laurel Kalp G N. Stewart , Esq. avid R. Chludzinski, Esq. 240 N. Third Street Ninth Floor Harrisburg, PA 17101 Attorneys for Defendant Isai Tremblay kjt10AWf,k MO?004 JLA'ScJr-?-Ct Plaintiff -& 61 Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. &P - !? y 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. SCI ? ?'? gnawre Signature ignature ri.`o b ? ?? ?CZ Name (Chairman) / Fr*,- _. dLn-C? t t P Law F' Address C-t-r- Sl `? f A- ! 70l3 city, zip U-A? xA 0143 City, zip Address City, zip Amard 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.) f AA 12 o?7 co ?n s e ?? a. 'S Ct` Carr; er ca ON-o o V-N 9.. o rv jr 6-6 rv ?,,Q S Date of Hearing: v - 6 12,61 Date ofAward: / T? 6 licable.) tp jf =, MI®+'? `. ,?L.??s k?- Name Name Law F' m Law Firm ??) V)Ovw S(A Address Notice of Entry of Am-ard Now, the a8?' day of , 20_ l _, at Z6: 51o , _A_.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' com-nensation to be paid upon appeal: $ 35'Q, p?j By: rothonotary Deputy ..Arbitrator, dissents. (Insert name if ...,s C = r7i N J7 C3 C)o L ? C ) . ..J'am' ?^.. Lvn? moo Z61, I ner,Jr, X014 Clam ?° ply DI"' Nr(? ' {003' E RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 240 N. Third Street, 9t' Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant (717) 234-7700 Isai Tremblay NATIONWIDE MUTUAL INSURANCE COURT OF COMMON PLEAS COMPANY a/s/o CHRISTINE M. CAMP CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION NO: 06-5704 CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP, and ISAI TREMBLAY Defendants. NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Defendant, Isa Tremblay appeals the Award of the Board of Arbitrators entered in this case on June 28, 2007. A jury trial is demanded. Dated: I hereby certify that compensation of the arbitrators has been paid. RAWLE & HENDERSON LLP 0.?` By: Ua- . Gary "r4. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for the Defendant, Isai Tremblay 901643 v.I CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Defendant's Notice of Appeal from Award of Arbitrators, was served upon the below listed counsel this date by first- class mail, postage prepaid. JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, 17011 Attorney for Plaintiff C. Roy Weidner, Jr., Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 1043-0109 Attorney for Defendant Laurel Kalp Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1501 Commerce Ave Carlisle, Pa 17013 Attorney for Crete Carrier Corp & Ralph Sherer RAWLE & HENDERSON LLP By: - n- -, -) Gary N. Stewart, Esquire David R. Chludzinski, Esquire Attorneys for the Defendant, Isai Tremblay Dated: ?( ( 161 C--IT 901643 v.I AjjtI0V'\(J-JA9- MO?OJ IASO(??-4 Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. & - U ?/ 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. gnature Signature ignature Name (Chairman) f\-e Law F' Name Name r- Law F' Law Firm !5- 5, U b*V?kA Sk. 21C?'? ;i-, Address Address Address 043 -70 ! l City, zip city, zip city, zip !loan * 1OU35 -* ?a4aq Award 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.) ? (WA S Date of Hearing: (? o Date of Award: Notice of Entry cf ?Iwzrd 211 le.) !Ja - IV-6 Now, the age'' day of Jljne , 20 or/ , at /6:51P , A-M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. rmm?ancafinn Ln 1_5e naiC -Don atuoeal: -350-00 (?Zf'or?o By: j NET rothonotary Deputy _ e Arbitrator, dissents. (Insert name if rf04- 03 r V V N a ? . 1 r _'.,?? ^JJ f RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: David R. Chludzinski Identification No.: 200702 240 N. Third Street, 91n Floor Harrisburg, Pennsylvania 17101 Attorneys for Defendant (717) 234-7700 Isai Tremblay _ NATIONWIDE MUTUAL INSURANCE COURT OF COMMON PLEAS COMPANY a/s/o CHRISTINE M. CAMP CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION NO: 06-5704 CRETE CARRIER CORP., RALPH SHERER, LAUREL KALP, and ISAI TREMBLAY Defendants. PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended, with Prejudice. RAWLE & HENDERSON LLP LAW OFFICE OF SNYDER & DORER By: 1L a By: Gary N. Stewart, Esquire /v 1i 1 to'-1- David R. Chludzinski, Esquire Attorneys for the Defendant, Isai Tremblay MARCELLO & KIVISTO, LLC BY: LA- toIis'ta? Sonyisto, Esquire " Attorneys for Defendants, Crete Carrier Corp. and Ralph Sherer Jo tr inzel, Esquire Atto e s Plaintiff, Nationwide Mutual Insurance Company a/s/o Christine M. Camp JOHNSON, DUFFIE, STEWART & WEIDNER BY: o d 0 C. Roy Weidner, Jr., Esquire Attorneys for Defendant Laurel Kalp 2137896-1 06HB-00113 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Nationwide Mutual Insurance Company a/s/o Case No.: 06-5704 Christine M. Camp, Plaintiff vs. Crete Carrier Corp, Ralph Sherer, Laurel Kalp and Isai Tremblay, Defendants TION r CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Plaintiff and that she caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: Date: October 22, 2007 Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1501 Commerce Avenue Carlisle, PA 17013 C. Roy Weidner, Jr., Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Gary N. Stewart, Esquire Rawle & Henderson, LLP 25 North Front Street, First Floor Harrisburg, PA 17101 0 U"/ E. Kinzel, Esquire r for Plaintiff r4l 90 - T- An ?,