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Home My WebLink About02-2994ROBERTLOWE KENNETH CESSNA R.D.#5, Box 191 Kittanning, PA 16201, and Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA HINKLE &. MCCOY 3 Capitol Drive Unit 1927 Eden Prairie, MN 55344 Defendants PRAECIPE FOR WRIT OF SUMMONS Please initiate a Civil Action against the Defendants and issue a Writ of Summons for service upon theTM. X Sheriff- for Kenneth Cessna Attorney - for Hinkle & McCoy Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID No. 32085 (717) 234-4161 Writ of Summons shall be issued and forwarded to Signature of Attorney Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary - ' Deputy ROBERTLOWE KENNETH CESSNA R.D.#5, Box 191 Kittanning, PA 16201 and HINKLE & MCCOY 965 Jolly Road Blue Bell, PA 19422 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 02-2994 PRAECIPE TO REINSTATE WRIT OF SUMMON~ Please reinstate the Writ of Summons for service upon Defendant Hinkel & McCoy at 965 Jolly Road Blue Bell, Pennsylvania. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. By: //~~~~ - Thomas E. Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE Identification No. 55738 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 Attorney for Defendants: Kenneth Cessna and Henkels & McCoy ROBERT LOWE V HENKELS & MCCOY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-2994 CIVIL TERM JURY TRIAL DEMAND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Kenneth Cessna and Henkels & McCoy (incorrectly identified as Hinkle & McCoy), in reference to the above-captioned matter. DATED: KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY,,/T, RABUCCO & WHITE, LLP / Attorney for Defendants Kenneth Cessna and Henkels & McCoy KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE Identification No. 55738 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 Attorney for Defendants: Kenneth Cessna and Henkels & McCoy ROBERT LOWE : : V : HENKELS & MCCOY : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-2994 CIVIL TERM JURY TRIAL DEMAND JURY TRIAL DEMAND TO THE PROTHONOTARY: Defendants, Kenneth Cessna and Henkels & McCoy (incorrectly identified as Hinkle & McCoy), hereby demand a jury trial of twelve (12) in reference to the above-captioned matter. KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP ~ ~WeIITE - Attorney for Defendants Kenneth Cessna and Henkels & McCoy KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE Identification No. 55738 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 Attorney for Defendants: Kenneth Cessna and Henkels & McCoy ROBERT LOWE HENKELS & MCCOY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-2994 CIVIL TERM JURY TRIAL DEMAND PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to File a Complaint within twenty (20) days hereof or suffer the entry of a Judgement of Non-Pros. KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & VOIITE, LLP Attorney for Defendants, Kenneth Cessna and Henkels & McCoy (Incorrectly identified as Hinkle & McCoy) RULE TO FILE COMPLAINT AND NOW, this ~/''' day of ]Qt~ ~ ,2002, a Rule is hereby granted upon Plaintiff to File a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgement of Non Pros. PROTHONOTARY ~-r,~ (~ SHERIFF'S RETURN - OUT OF COUNTY C~SE NO: 2002-02994 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CD-MBERLAND LOWE ROBERT VS CESSNA KENNETH ET AL R. Thomas Kline duly sworn according and inquiry for the within named DEFENDANT , CESSNA KENNETH but was unable to locate Him in his bailiwick. deputized the sheriff of ARMSTRONG County, serve the within WRIT OF SUMMONS to law, says, that he made a diligent to'wit: , Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On August 5th 2002 this office was in receipt of the attached return from ARMSTRONG Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Armstrong Co 27.50 .00 64.50 08/05/2002 So ans~ R. Thomas Klihe Sheriff of Cumberland County GOLDBERG KATZMAN SHIPMAN Sworn and subscribed to before me this ~ day of ~ ~b A.D. / ' Prothonotary SHERIFF'S RETURN - OUT OF COUNTY C~SE NO: 2002-02994 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOWE ROBERT VS CESSNA KENNETH 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: HINKLE & MCCOY but was unable to locate Them in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within WRIT OF SUMMONS He therefore Pennsylvania, to On August 5th , 2002 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 .00 58.00 08/05/2002 So answe3zs~ ~' R./ Thomas Kli~ Sheriff of Cumberland County GOLDBERG KATZMAN SHIPMAN Sworn and subscribed to before me this ,2;.-,~( day of ! ~20~ 2~ A.D. '~ !--Pf6thonotar~ SHERIFF'S RETURN - C~SE NO: 2002-02994 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Armstrong County ROBERT LOWE VS KENNETH CESSNA ET AL REGULAR ALAN D TARR , Sheriff or Deputy Sheriff of Armstrong County , Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS as served upon CESSNA KENNETH the DEFENDANT , at 0010:15 Hour, at ARMSTRONG CO COURTHOUSE KITTANNING, PA 16201 Pennsylvania, by handing to KENNETH CESSNA on the 12th day of July , 2002 SHERIFF'S OFC, 500 MARKET ST · Armstrong County a true and attested copy of the WRIT OF SUMMONS ; and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 2.00 Surcharge .00 7.50 So ,a~swers: .~ ,d ~arry Crawf~,~Sh~r[ff 27.50 06/27/2002 GOLDBERG KATZMAN & SHIPMAN By Sworn and subscribed to before me this~ay of ~-~ , _'~o~ A.D. NOTARIAL SEAL PATTY J. KREIDER, NOTARY PUBLIC I(ITTANNING BORO. ARMSTRONG CO. MY COMMISSION EXPIRES OCT. 1], 20D4 Deputy Sheriff 15104707122002 £OS835 Case No 2002-02994 T ROBERT LOWE (VS) Armstronq County Pennsylvania Docket Entries KENNETH CESSNA ET AL Pa~e 1 7/1~/2002 Date Filed CUMBERLAND COUNTY SHERIFF'S OFFICE. WE ARE TO SERVE KENNETH CESSNA ONLY. 7/12/02 ......................................................... ~^~0Z~~ ~2~_p~y ~__L~__ D TARR SERVED THE WITHIN WRIT &~-~6q~&~-- AT---vl~ i~ ~T, K~NNETH CESSNA, BY PERSONALLY HANDING TO HI_M THE SHERIFF S OFFICE, ARMSTRONG COUNTY COURTHOUSE, 500 M3LRKET STREET, KITTi~NIqING, ARMSTRONG COUNTY, PENNSYLVANIA, A TRUE AND ATTESTED COPY OF SAID WRIT OF SUMMONS AND INFORMED HIM OF THE CONTENTS THEREIN. INCLUDED COPY FOR ATTORNEY SO ANSWERS LARRY R CRAWFORD, SHERIFF. In The Court of Common Pleas of Cumberland County, Pennsylvania Robert Lowe VS. Kenneth Cessna et al SERVE: Kenneth Cessna No. 02 2994 civil Now, June 25, 2002 ' , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~'mstrong County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within ,20 , at o'clock M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN PROTHO.NOTARY Y- 3890 DEFENDANT: Hinkle & McCoy DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Jill Levansozki RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: July 26, 2002 ~ 10:40 LOCATION: 965 Jolly Road, blue Bell, PA July 31, 2002 Notary Robli~ Notarial Se&l He~ene Friedman. Notary Pub c ' C~rf!rnission Ex~ires Apr. 1.2' .J4 Sheriff of Montgomery County Deputy Sheriff Mason R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 TO: Montgomery County Sheriff RONNY R. ANDERSON Chief Deputy PATRICIA A. SHA"FTO Real Estate Deputy Robert Lowe co VS Kenneth Cessna et al 02-2994 civil Dear Sir: Enclosed please find to be served upon Writ of St~raons, reissued PERSON SERVEl) Hinkle & M~Oy RELATION / POSITION 965 Jolly Boed PLACE OF SERVICE TD4E OF SERVZCE Blue Bell, PA inyour County. NUMBER OF AITEHP[S Kindly make service thereof and send us your return of ser~l~t~TY ' Enclosed is the advance payment which you requested. 'Enclosures: DEPUTY Very m~l~rs, R. Thomas Ktine, Sheriff Cumberland County, Pennsylvania In The Court of Common Pleas of Cumberland County, Pennsylvania Robert Lowe VS, Kenneth Cessna et al SERVE: Hinkle & McCoy No. 02 2994 civil Now, July 22, 2002 , I, SHERIFF OF CUMBERLAND COUNTY~ PA, do hereby deputize the Sheriff of Montgnmery Colmty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA within Affidavit of Service ,20 ,at o'clock M. served the at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me th/s day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA GOLDBERG, KATZMAN & SHIPMAN, P.C. '['homas E. Brenner, lisquirc - I.D No 32085 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 17171 234-4161 A ttorneyfor Plaint~f ROBERT LOWE Plaintiff KENNETH CESSNA and HINKLE & MCCOY Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-2994 Civil Term JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. lfyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff} You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOUDO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O S1 NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brcnncr. Esquire - I.D No. 32(t85 320 Market SIr{2cl Strawberry Square 17.O. Box 1268 Harrisburg, PA 17108-1268 [7171 234-4161 Attorney for Plaintiff ROBERT LOWE Plaintiff KENNETH CESSNA and HINKLE & MCCOY Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-2994 Civil Term JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff Robert Lowe, by and through his atto~rneys, Goldberg, Katzman & Shipman, P.C., who states: 1. Plaintiff Robert Lowe is an adult individual residing at 365 Townhouse, Hershey, Dauphin County, Pennsylvania. 2. Defendant Kenneth Cessna is an adult individual residing at R.D.#5, Box 19 l, Kittanning, Armstrong County, Pennsylvania. 3. Defendant Hinkle & McCoy is a business entity authorized to conduct business in the Commonwealth of Pennsylvania, including Cumberland County, with offices at 965 Jolly Road, Bh.~e Bell, Montgomery County, Pennsylvania. 4. The events hereinafter set forth arise from a motor vehicle accident that occurred on June 25, 2000, on the Pennsylvania Turnpike in Hopewell Township, Cumberland County, near Mile Marker 204.3, Eastbound. 5. At the time and place aforesaid, Robert Lowe was proceeding Eastbound in the passing lane in his 1996 Ford E250 Van. 6. Defendant Kenneth Cessna was operating a Ford F450 and proceeding in the right hand lane of the Pennsylvania Turnpike. 7. Defendant Cessna was an employee of Defendant Hinkle and McCoy at the time of this accident. 8. Defendant Cessna suddenly moved his vehicle from the right hand lane to the left hand lane, contacting the front of the vehicle owned by Plaintiff Lowe, resulting in propmly damage to that vehicle. referellce. COUNT ! The averments of paragraphs 1 through 8 are incorporated herein by 10. (a) (b) Defendant Cessna was negligent in that he: sought to shift lanes without observing other vehicles around him; entered into the lane occupied by PlaintiffLowe in an unsafe mamler; (c) caosed his vehicle to come into contact with the Lowe vehicle; (d) violated the provisions of the Pennsylvania Motor Vehicle Code regarding the shifting of lanes by the operator of a motor vehicle. 11. As a direct result of the negligence, carelessness and recklessness of Defendant Cessna, the vehicle of Robert Lowe sustained property damage. WHEREFORE, Plaintiff Robert Lowe demands Judgment against Defendant Kenneth Cessna, jointly and severally, in an amount less than $25,000, together with interest and cost of suit. This is an amount requiring submission of this claim to compulsory arbitration ptn'suant to the Local Rules of Court. 12. reference. COUNT II The averments of paragraphs I through 11 are incorporated herein by 13. At the time and place aforesaid, Defendant Cessna acted as the agent, se,want or employee of Defendant Hinkle & McCoy. 14. In the alternative, Defendant Hinkle & McCoy negligently entrusted a motor vehicle to Defendant Cessna, who they knew, or in the exercise of reasonable diligence, should have known, was not competent to operate a motor vehicle. 15. Defendant Hinkle & McCoy is vicariously liable for the acts of Defendant Cessna. WHEREFORE, Plaintiff Robert Lowe demands Judgment against Defendant Hinkle & McCoy, jointly and severally in an amount less than $25,000, together with interest and costs of suit. This amount requires submission of this claim to compulsory arbitration pursuant to Local Rules of Court. 83638. GOLDBERG, KATZMAN & SHIPMAN, P.C 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234~4161 Attorney I.D. No. 32085 Attorney for Plaintiff' 4 VERIFICATION I, Robert Lowe, hereby acknowledge that I am the Plaintiff herein; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. This Verification is made pursuant to Pa.R.C.P. 1024(e) as the Verification of Plaintiff Walsh cannot be obtained within the time allowed for the time of the pleading. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. 4904, relating to tl~lsworn falsification to authohties. Robert Lowe CERTIFICATE OF SERVICE I hereby ce~lify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: David Smith, Esq. Kelly, McLaughlin, Foster, Bracaglia, Daly, Trabucco & White, LLP 1617 JFK Boulevard Suite 1690 Philadelphia, PA 19103-1815 Date: ~>37/O~ 83638.1 Thomas E. Brenner, Esq. KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE TIMOTHY J. HARTIGAN, ESQUIRE Identification No. 55738/66231 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 Attorney for Defendants: Kenneth Cessna and Henkels & McCoy ROBERT LOWE : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : v : NO. 02-2994 CIVIL TERM : HENKELS & MCCOY, INC. : JURY TRIAL DEMAND PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT OF DEFENDANTS~ KENNETH CESSNA AND HENKELS & McCOY~ INC. (MISIDENTIFIED AS "HINKLE & McCOY" AND NOW, Defendants, Kenneth Cessna and Henkels & McCoy, Inc. (misidentified as "Hinkle & McCoy"), and hereafter "Henkels", by and through their undersigned attorneys, hereby preliminarily object to Plaintiffs Complaint, and state as follows: 1. Plaintiff, Robert Lowe brings this civil action to recover alleged property damage in connection with a motor vehicle accident alleged to have occurred on June 25, 2000. See, Plaintiffs Complaint, Paragraphs 4 through 11, attached hereto as Exhibit "A". 2. Plaintiffs Complaint demands an unliquidated mount less than $25,000.00 in judgment against Defendants, jointly and severally. See, Exhibit "A". 3. Pa.R.C.P. Rule 1019(0 requires that averments of time, place and items of special damage shall be specifically stated in a pleading. 4. Plaintiff's alleged property damage is an item of special damage, obviously liquidated, which must be pleaded as such. 5. PlaintiWs failure to plead his property damage as a liquidated amount is a proper subject for Preliminary Objections, pursuant to Pa.R.C.P. Rule 1028(a)(2) and 1028(a)(3). WHEREFORE, Defendants preliminarily object to PlaintiWs Complaint, and pray for an Order requiring Plaintiff to file a more specific Complaint, setting forth the exact liquidated amount of his alleged property damage fxom the June 25, 2000 motor vehicle accident, together with such other relief as the Court may allow. Respectfully submitted, KELLY, MCLAUGHLIN, FOSTER, BRACAGL!A, DALY, TRABUCCO & WHITE, LLP o^v F. TIMOTI-I~r J. I-~TIG~/ Attome/f fo~4~ fendants, ~ Kennetl~Cessna and Henkels & McCoy (Incorrectly identified as Hinkle & McCoy) CERTIFICATE OF SERVICE I, TIMOTHY J. HARTIGAN, ESQUIRE, attomey for Defendants, Kenneth Cessna and Henkels & McCoy, Inc., hereby certify that I served a tree and correct copy of the foregoing Preliminary Objections to Plaintiff's Complaint, via United Postal Service, First Class Mail, on the following: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Kelly, McLaughlin, Foster, Bracaglia, Daly, Trabucco & White, LLP By: Exhibit A GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire - I.D. No. 32085 320 Market Street Stra wbeny Square P.O. Box 1268 Harrisburg, PA 17108-1268 1717] 234-4161 A ttorney.for Plaintiff ROBERT LOWE Plaintiff KENNETH CESSNA and HINKLE & MCCOY Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-2994 Civil Teim JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la cone en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y pot cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. ' LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION ~E ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON-DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner. Ir. squire - I.D. No, 32085 320 Market Strcct Strawbcn3' Square I7.O. Box 1268 Harrisburg, PA 17108-1268 [7171 234-4161 A ttorneyfor Plointi]}c ROBERT LOWE Plaintiff KENNETH CESSNA and HINKLE & MCCOY Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-2994 Civil Temt JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff Robert Lowe, by and through his attgrneys, Goldberg, Katzman & Shipman, P.C., who states: 1. Plaintiff Robert Lowe is an adult individual residing at 365 Townhouse, Hershey, Dauphir~County, Pennsylvania. 2. Defendant Kenneth Cessna is an adult individual residing at R.D.#5, Box 191, Kittanning, Armstrong County, Pennsylvania. 3. Defendant Hinkle & McCoy is a business entity authorized to conduct business in the Commonwealth of Pennsylvania, including Cumberland County, with offices at 965 Jolly Road, Bh:e Bell, Montgomery County, Pennsylvania. 4. The events hereinafter set forth arise from a motor vehicle accident that occurred on June 25, 2000, on the Pennsylvania Turnpike in Hopewell Township, Cumberland County, near Mile Marker 204.3, Eastbound. 5. At the time and place aforesaid, Robert Lowe was proceeding Eastbound in the passing lane in his 1996 Ford E250 Van. 6. Defendant Kenneth Cessna was operating a Ford F450 and proceeding in the right hand lane of the Pennsylvania Turnpike. 7. Defendant Cessna was an employee of Defendant Hinkle and McCoy at the time of this accident. 8. Defendant Cessna suddenly moved his vehicle from the right hand lane to the left hand lane, contacting the front of the vehicle owned by Plaintiff Lowe, resulting in property damage to that vehicle. reference. 10. COUNT I - The averments of paragraphs I through 8 are incorporated herein by Defendant Cessna was negligent in that he:' (a) sought to shift lanes without observing other vehicles around him; (b) entered into the lane occupied by PlaintiffLowe in an unsafe manner; (c) caused his vehicle to come into contact with the Lowe vehicle; (d) violated the provisions of the Pennsylvania Motor Vehicle Code regarding the shifting of lanes by the operator of a motor vehicle. I 1. As a direct result of the negligence, carelessness and recklessness of Defendant Cessna, the vehicle of Robert Lowe sustained property damage. WHEREFORE, Plaintiff Robert Lowe demands Judgment against Defendant Kenneth Cessna, jointly and severally, in an amount less than $25,000, together with interest and cost of suit. This is an amount requiring submission of this claim to compulsory arbitration pursuant to the Local Rules of Court. 3 12. reference. 13. COUNT II The ave~nents of paragraphs I through 11 are incorpbrated herein by At the time and place aforesaid, Defendant Cessna acted as the agent, servant or employee of Defendant Hinkle & McCoy. 14. In the alternative, Defendant Hinkle & McCoy negligently entrusted a motor vehicle to Defendant Cessna, who they knew, or in the exercise of reasonable diligence, should have known, was not competent to operate a motor vehicle. 15. Cessna. Defendant Hinkle & McCoy is vicariously liable for the acts of Defendant WI! ER EFORE, Plaintiff Robe~t Lowe demands Judgment against Defendant Hinkle & McCoy, jointly and severally in an amount less than $25,000, together with interest and costs of suit. This amount requires submission of this claim to compulsory arbitration pursuant to Local Rules of Court. Date: 83638. GOLDBERG, KATZMAN & SHIPMAN, P.C 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Attorney for Plaintiff VERIFICATION I, Robert Lowe, hereby acknowledge that I am the Plaintiff herein; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. This Verification is made pursuant to Pa.R.C.P. 1024(e) as the Verification of ' Plaintiff Walsh cannot be obtained within the time allowed for the time of the pleading. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. 4904, relating to tmsworn falsification to authorities. Robert Lowe CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated belmv by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: David Smith, Esq. Kelly, McLaughlin, Foster, Bracaglia, Daly, Trabucco & White, LLP 1617 JFK Boulevard Suite 1690 Philadelphia, PA 19103-1815 83638.1 Thomas E. Brenner, Esq. GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire - LD. No. 32085 320 Market Street SWawbev~' Square P.O. Box 1268 Han~sbu~8. PA 17108-1268 [?17] 234-4161 Attorney for Plaintiff ROBERT LOWE Plaintiff Vo KENNETH CESSNA and HINKLE & MCCOY Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-2994 Civil Te~iu JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the PlaintifE. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 NOTICIA Le han demandado a usted en la cz)rte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar upa apariencia escrita o en persona o por abogado y archivar en la corte en fou,a escrita sus defensas o sus objecfiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y pot cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 GOLDBERG, KATZM.M~ & SHIPMAN, P.C. Thomas E. Brenner, Esquire - I.D. No. 32085 320 Market Street Strawben~ Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney for Plaintiff ROBERT LOWE Plaintiff V. KENNETH CESSNA and HINKLE & MCCOY Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-2994 Civil Testa JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, comes Plaintiff Robert Lowe, by and through his attorneys, Goldberg, Kaizman & Shipman, P.C., who states: 1. Plaintiff Robert Lowe is an adult individual residing at 365 Townhouse, Hershey, Dauphin County, Pennsylvania. 2. Defendant Kenneth Cessna is an adult individual residing at 1LD.#5, Box 191, Kittanning, Armstrong County, Pennsylvania. 3. Defendant Hinkle & McCoy is a business entity authorized to conduct business in the Commonwealth of Pennsylvania, including Cumberland County, with offices at 965 Jolly Road, Blue Bell, Montgomery County, Pennsylvania. ~ '~ axise f~o~X a motOr ve~ficie accident ~et ~ ~ fo~ ..~ To~P . ~e e~ts ~e~ ~e · ..~iaT~p~e ~°~e~ ~- ~ .~, pe~ ocC~e~ o~ ~c ~5, 2000, o~ ~e o~. ~e p~s~g ~e ~s 1996 ~o~ ~250 ~' a Fox'F450 ~ ~ocee~g Cessna ~ ope~a~ 6. Defea~t ge~e~ ' ~e ~t h~ l~e of ~e pe~sYlv~a T~P~e' of Def~t ~e 7. Defender CesSna ~ ~ employee fmc o£ tiffs accident. $. Dc~end~xtt CesSna contacting ~c ~ont of ~c ~c lc~ ~ l~c, ~ p~ope~ ~age to ~at reScUe. vetficle f~om tlae fight tsandl lane to moved ~s o~ed l~y plai~ti~ Lov~e, ~es~ting ve~cte reference. 10. COUNT I The avei-iiients of paragraphs 1 through 8 are incorporated herein by Defendant Cessna was negligent in that he: (a) sought to shif~ lanes without observing other vehicles around him; (b) entered into the lane occupied by PlainfiffLowe in an unsafe manner; (e) caused his vehicle to come into contact with the Lowe vehicle; (d) violated the provisions of the Penn~lvania Motor Vehicle Code regarding the shifting of lanes by the operator of a motor vehicle. 11. As a direct result of the negligence, carelessness and recklessness of Defendant Cessna, Robert Lowe sustained the following damages: (a) Property for repair of vehicle: (b) Rental car expense: $ 5,449.30 $ 2,179.31 WHEREFORE, Plaintiff Robert Lowe demands Judgment against Defendant Kenneth Cessna, jointly and severally, in an amount less than $25,000, together with interest and cost of suit. This is an amount requiring submission of this claim to compulsory arbitration pursuant to the Local Rules of Court. 12. reference. 13. COUNT H The avei-ii~ents of paragraphs 1 through 11 are incorporated herein by At the time and place aforesaid, Defendant Cessna acted as the agent, servant or employee of Defendant Hinlde & McCoy. 14. In the alternative, Defendant Hinkle & McCoy negligently enUusted a motor vehicle to Defendant Cessna, who they knew, or in the exercise of reasonable diligence, should have known, was not competent to operate a motor vehicle. 15. Defendant Hinide & McCoy is vicariously liable for the acts of Defendant Cessna. WI~REFORE, Plaintiff Robert Lowe demands Judgment against Defendant Hinlde & McCoy, jointly and severally in an amount less than $25,000, together with interest and costs of suit. This amount requires submission of this claim to compulsory arbitration pursuant to Local Rules of Court. Date: lO 85646.1 GOLDBERG, KATZMAN & SHIPMAN, P.C ThOmas E.~Brenner, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Attorney for Plaintiff 4 VERIFICATION I, Robert Lowe, hereby acknowledge that I am the Plaintiffherein; that I have read the foregoing Complaint; and that the facts stated therein are tree and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Timothy $. Hartigan, Esq. David Smith, Esq. Kelly, McLaughliq. Foster, Bracaglia, Daly Trabuc¢o & White, LLP 620 w. Gei-mantown Pike Suite 350 Plymouth Meeting, PA 19462-1056 Date: 83638.1 Thomas E. Brenner, Esq. KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE TIMOTHY J. HARTIGAN, ESQUIRE Identification No. 55738/66231 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 ~o ¥'1 you ~ ~ mh4r~ TO ~ To ~ ~OS~ ~ ~lN ~ (20) DAYS FROM T~ GERV~E HEREOF OR A DEFAULT A~omey for Defend~ts: Ke~eth Cessna ~d He,els & McCoy, Inc. ROBERTLOWE V PLAINTIFF HENKELS & MCCOY, INC. (misidentified: As Hinkle & McCoy) and KENNETH : CESSNA : DEFENDANTS : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-2994 CIVIL TERM JURY TR~L DEMAND DEFENDANTS' ANSWER TO PLAINTIFF'S AMENDED COMPLAINT WITH NEW MATTER Defendants, Kenneth Cessna and Henkels & McCoy, Inc. (misidentified as "Hinkle & McCoy"), by and through their undersigned attorneys, hereby answer Plaintiff's Amended Compla'mt and state as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part; denied in part. It is admitted that a motor vehicle accident occurred on June 25, 2000 on the Pennsylvania Turnpike in Hopewell Township, Cumberland County, near mile marker 204.3, eastbound. The remainder of the averments in Paragraph 4 of Plaintiffs' Amended Complaint are denied with strict proof to the contrary demanded at trial, if relevant. 5. Admitted. Admitted. Admitted. Admitted in part; denied in part. It is admitted that prior to the contact between the vehicles of Plaintiff and Defendants, Defendants' vehicle moved from the right hand lane to the left hand lane. It is denied that in doing so, the Defendants' vehicle contacted the fi'ont of the vehicle owned by Plaintiff Lowe. Strict proof to the contrary is demanded at trial, if relevant. COUNT I 9. Defendants hereby incorporate by reference Paragraphs 1 through 8 of their Answer to Plaintiff's Amended Complaint, as if set forth more fully below. 10. Denied. It is denied that Defendant Cessna was negligent in any manner. It is further specifically denied that Defendant Cessna: (a) sought to shift lanes without observing other vehicles around him; (b) entered into the lane occupied by Plaintiff Lowe in an unsafe manner; (c) caused his vehicle to come into contact with the Lowe vehicle; (d) violated the provisions of the Pennsylvania Motor Vehicle Code regarding the shifting of lanes by the operator of a motor vehicle. Strict proof to the contrary is demanded at trial, if relevant. 11. Denied. WHEREFORE, Defendants Kenneth Cessna and Henkels & McCoy, Inc. demand judgment against Plaintiff, Robert Lowe upon Plaintiff's Complaint, together with costs and attorneys' fees as allowed by law. COUNT II 12. Defendants hereby incorporate paragraphs 1 through 11 of their Answer to Plaintiffs' Amended Complaint, as if set forth more fully below. 13. Admitted. 14. Admitted in part; denied in part. It is admitto:l only that Defendant Henkels & McCoy, Inc. entrusted a motor vehicle to Defendant Cessna. The remainder of the averments in Paragraph 14 are denied, with strict proof to th,: contrary demanded at trial, if relevant. 15. Denied as a conclusion of law to which no response is required. WHEREFORE, Defendants, Kenneth Cessna and H~els & McCoy, Inc. demand judgment against Plaintiff upon Plaintiffs Complaint together with costs of suit and attorneys' fees as allowed by law. NEW MATTER 16. Defendants hereby incorporate Paragraphs 1 through 15 of the Answer to Plaintiff's Amended Complaint, as if set forth more fully below. 17. Immediately prior to the accident involving Plaintiff's vehicle, Scott C. Wasilefski, an individual not a party to this lawsuit, was operating a vehicle east on the turnpike in the fight lane ahead of Defendants' vehicle and lost control of his vehicle, and struck a vehicle owned and operated by Deborah Lyn Salem, also not a party. 18. The above-described events created a sudden emergency, requiring Defendant Cessna to immediately change lanes to the left lane to avoid a collision with Mr. Wasilefski's vehicle. 19. Plaintiff, Robert Lowe struck Defendants' vehicle in the rear. 20. vehicle. 21. Plaintiff failed to maintain an assured clear distance fi~om Defendants' As supported by facts pleaded, admitted or discovered during the pendency of this matter, Defendants herein assert all of the available defenses specified in Pa.R.C.P. 1030(a), including, but not limited to, the affirmative defenses of accord and satisfaction, arbitration and award, release, res judicata, statute of limitations and estoppel. 22. Plaintiff's claims may be barred in whole or in part by the provisions of Pennsylvania's Motor Vehicle Financial Responsibility Law. 23. Plaintiff's claims may be barred or limited by Pennsylvania's Comparative Negligence Act, as amended. 24. Plaintiff's claims may be barred or limited by Pennsylvania's Uniform Contribution Among Joint Tortfeasors Act, as amended. 25. Plaintiff's damages, if any, were caused by persons or conditions beyond Defendant's control. 26. Plaintiff has or may have failed to state a claim upon which relief can be granted. WHEREFORE, Defendants hereby pray for relief against the claims of Plaintiff, as set forth in his Amended Complaint together with cost of defense and attorneys' fees as allowed by law, together with such other relief as the Court may deem appropriate. Respectfully submitted, KELLY, MeLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP David F. Whi~ X~ Timothy J;~!ffar~ ga~qui~ ~ Att omeys r DtfoL_Og_'t~idant s, t..~? Kenneth Cessna and Henkels & McCoy, Inc. 0Vlisidentified as "Hinkel & McCoy") VERIFICATION !,- ~)~07)/~ J~ hereby certify that I,am of Henkels & McCoy, Inc. and the statements of fact made in the foregoing Defendants, Kenneth Cessna and Henkels & McCoy's Answers to Plaintiff's Amended Complaint with New Matter are tree and correct to the best of my knowledge, infomtation and belief. I make this verification subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. Date: BY: VERIFICATION . I~-Kenneth Cessna, hereby certify that I am a Defbndant in this matter and the statements of fact' made in the foregoing Defendants, Kelmeth Cessna and Henkels & McCoy, Inc.'s Answers to Plaintiff's Amended Complaint with New Matter are tree and correct to the best of my knowledge, info,mation and belief. I make this verification subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. Date: BY: Kennefla Cessna CERTIFICATE OF SERVICE Timothy J. Hartigan, Esquire hereby certifies that on this date a true and correct copy of Defendants' Answer to Plaintiff's Complaint with New Matter were served on all parties or counsel for all parties via U.S. first class mail, postage prepaid, as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Date: KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, iRABUCCO & WHITE, LLP KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE TIMOTHY J. HARTIGAN, ESQUIRE Identification No. $5738/66231 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 Attorney for Defendants: Kenneth Cessna and Henkels & McCoy ROBERT LOWE PLAINTIFF : : : : HENKELS & MCCOY, INC. (misidentified: As Hinkle & McCoy) and KENNETH : CESSNA : DEFENDANTS : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-2994 CIVIL TERM JURY TRIAL DEMAND PRAECIPE TO ISSUE WRIT TO JOIN ADDITIONAL DEFENDANTS TO THE PROTHONOTARY: On behalf of Defendants, Henkels & McCoy, Inc. (misidentified as Hinkle & McCoy) and Kenneth Cessna, please issue a Writ to Join Scott C. Wasilefski of 15 Cheltenham Drive, Hummelstown, PA 17036 as an Additional Defendant in the above- captioned matter. Respectfully submitted, KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP Kenneth Cessna and Henkels & McCoy, Inc. 0Viisidentified as "Hinkle & McCoy") CERTIFICATE OF SERVICE Timothy J. Hartigan, Esquire hereby certifies that on this date a true and correct copy of Defendants' Pmecipe to Issue Writ to Join Additional Defendant were served on all parties or counsel for all parties via U.S. first class mail, postage prepaid, as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP Cumberland County, ss: The Commonwealth of Pennsylvania to ,qcrnw c. m.qxr.~.m~, (,Name of Add~tior~zl Defendant) You are notified that H]~]I~..T..q & MCCOY, INC, (MISlDEiXlTIFIFa3 AS blIl[ql<TJ~ & (Name (.s) of Defendant ($) ) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date _.uDY?mm'~R 14, 2002 ~2 CURTIS R. LONG SCOTT C. WASlLEFSKI 15 CHELTEI~IAM DRIVE HUP~dELS~, PA 17036 CUlVIBERLAND COUNTY ADULT PROBATION VS. Jeffrey Alan Cassel 50 Sunset Dr. Mechanicsburg, PA Plaintiff 17055 Defendant/Address IN THE COURT OF COMIVlON PLEAS OF CIYMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3012 CIVIL TERM RE: NO. 02-19 CRIMINAL TERM pRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark satisfied the judgment, in favor of plaintiff Cumberland County Adult Probation and against the above-named defe~dont, previously entered pursuant to 42 Pa. C.S.A. Section 9728. Also, please prepare a Certificate of Satisfaction. Date: November 18, 2002 Dennis E. Lebo, Clerk of Court Charles R. Gerow, Esquire Solicitor for the Clerk of Court of Cumberland County, Pennsylvania cc: Defendant Probation Clerk of Court C~ -7- 77' GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire - I.D. No. 32085 320 Market Street S~rawbeny Square P.O. Box 1268 Harrisburg, PA 17108-1268 [?17] 234-4161 Attorney for Plaintiff ROBERT LOWE Plaintiff V. KENNETH CESSNA and HINKLE & MCCOY Defendants COURT OF COlVIMON PLEAS CUMBERLAND COUNTY, PA No. 02-2994 Civil Te.a JURY TRIAL DEMANDED REPLY OF PLAINTIFF ROBERT LOWE TO NEW MATTER OF DEFENDANTS AND NOW, comes Haintiff Robert Lowe, by and through his attorneys, Goldberg, Katzauan & Shipman, P.C., who states: 16. Objection. This paragraph violates the Pennsylvania Rules of Civil Procedure by seeking to incorporate 15 other paragraphs iuto a single paragraph. To the extent a response is deemed necessary, the paragraph is denied. 17. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 18. Denied. This paragraph states a legal conch~sion to which no response is necessa~j. 19. Admitted with clarification. PlaintiffLowe was occupying the passing lane when Defendant Cessna suddenly changed lanes into the path of the Lowe vehicle, resulting in the impact. 20. necessary. 21. necessary. 22. necessary. 23. necessary. 24. necessary. 25. necessary. 26. Denied. This paragraph states a legal conclusion to which no response Denied. This paragraph states a legal conclusion to which no response ~s Denied. This paragraph states a legal conclusion to which no response Denied. This paragraph states a legal conclusion to which no response is Denied. This paragraph states a legal conclusion to which no response is Denied. This paragraph states a legal conch~sion to which no response is Denied. This paragraph states a legal conchlsion to which no response is necessary. WHEREFORE, Plaintiff Robert Lowe demands Judgmellt against the Defendants, as set forth in the Amended Complaint. Date: 85646. GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Attorney for Plaintiff VERIFICATION I, Robert Lowe, hereby acknowledge that I am the Plaintiff herein; that I have read the foregoing Reply to New Matter and that the facts stated therein are ~rue and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Robert Lowe CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Timothy J. Hartigan~ Esq. Kelly, McLaugldin, Foster, Bracaglia, Daly Trabucco & White, LLP 1617 JFK Boulevard Suite 1690 Philadelphia, PA 19103 Thomas E. Brenner, Esq. 87640.1 KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE TIMOTHY J. HARTIGAN, ESQUIRE Identification No. 55738/66231 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 Attorney for Defendants: Kenneth Cessna and Henkels & McCoy ROBERT LOWE PLAINTIFF · V · HENKELS & MCCOY, INC. (misidentified · As Hinkle & McCoy) and KENNETH · CESSNA . DEFENDANTS · COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-2994 CIVIL TERM JURY TRIAL DEMAND PRAECIPE TO REISSUE WRIT TO JOIN ADDITIONAL DEFENDANTS TO THE PROTHONOTARY: On behalf of Defendants, Henkels & McCoy, Inc. (misidentified as Hinkle & McCoy) and Kenneth Cessna, please reissue a Writ to Join .Additional Defendant Scott C. Wasilefski in the above-captioned matter. Respectfully submitted, KELLY, McLAUGHL!N, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP Tim~dth~ - .~H~~, ~::uire ~ Att om~rys_for~De~endant s, ' Kenneth-C-essna and Henkels & McCoy, Inc. (Misidentified as "Hinkle & iMcCoy") CERTIFICATE OF SERVICE Timothy J. Hartigan, Esquire hereby certifies that on this date a true and correct copy of Defendants' Praecipe to Reissue Writ to Join Additional Defendant were served on all parties or counsel for all parties via U.S. first class mail, postage prepaid, as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Date: KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRAJIUCCO & WHITE, LLP SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-02994 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOWE ROBERT VS CESSNA KENNETH 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 ADD'L DEFENDANT , to wit: WASILEFSKI SCOTT C but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT TO ADD'L DEFEN. On December 5th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 29.25 .00 66.25 12/05/2002 R. Thomas Kline Sheriff of Cumberland County KELLY MCLAUGHLIN FOSTER Sworn and subscribed to before me this j~ ~' day of A.D. Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Connnonwealth of Pennsylvania : LOWE ROBERT vs County of Dauph~ : WASILEFSKI SCOTT C Sheriff,s Return No. 2644-T - -2002 OTHER COUNTY NO. 02 2994civil I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for WASILEFSKI SCOTT C the DEFENDANT named in the within WRIT TO JOIN ADDITIONAL DEFENDANT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FODI~D, Nover~ber 22, 2002 According to father def doesn't live there he lives in Arlington VA. 4709 22nd St. Arlington, VA 22207 Sworn and subscribed to before me this 22ND day of ~,~MBER, 2002 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff,s Costs: $54.75 PD 11/22/2002 RCPT NO 172199 In The Court of Common Pleas of Cumberland County, Pennsylvania Robert Lowe VS Henkels & McCoy, Inc VS. Scott C. Wasilef~ki SERVE: same N0. 02 2994 civil NOW, November 19_, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cmnb~rland County, PA ]Now, within Affidavit of Service ___, 20 at o'clock ~ M. served the 'upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of v ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Cumberland County, ss: The Commonwealth of Pennsylvania to (.N. arne of Ad'dkional Defendant) You are notified that mm'~LS & MCCOY, INC. (MISlDENTIFIED Ag HTNKr.F. (Name (s) of Defendant (s) MOThy) aND l~'~r~rr~4 r~$N_a- has (have} joined you as an additional defendant in this a~tion, which you are re- quired to defend. Date__ 14, 2002 (SEAL) CURTIS R. LC~3 ' Pa-oil~0notary SCOTT C. WASlLEFSKI 15 CHEL'rEAIHAM DRIVE H~LS~, PA 17036 TRUE COPY FROM RECORD In Testimony whereof. ~ here u~to set my hand ~h0n~a~- t ~j KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE TIMOTHY J. HARTIGAN, ESQUIRE Identification No. 55738/66231 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 Attorney for Defendants: Kenneth Cessna and Henkels & McCoy ROBERT LOWE PLAINTIFF V HENKELS & MCCOY, INC. (misidentified: As Hinkle & McCoy) and KENNETH CESSNA DEFENDANTS V. SCOTT WASILEFSKI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-2994 CIVIL TERM JURY TRIAL DEMAND JOINDER COMPLAINT Defendants, Henkels & McCoy) and Kenneth Cessna, hereby pray for judgment against Additional Defendant Scott Wasilefski, upon the allegations in Plaintiff's Complaint, and in support thereof state as follows: 1. Plaintiff, Robert Lowe commenced the above-referenced civil action against Defendants Kenneth Cessna and Henkels & McCoy, Inc. (misidentified as Hinkle & McCoy) by Writ of Summons at the above-captioned court term and number. 2. Plaintiff's Civil Complaint against Defendants Kenneth Cessna and Henkels & McCoy, Inc. (misidentified as Hinkle & McCoy) was filed on or about August 27, 2002. 3. Following Defendants' Preliminary Objections, Plaintiff's First Amended Complaint was filed on or about October 9, 2002. & McCoy, Inc. (misidentified as Hinkle 4. Plaintiff is an adult individual at all times relevant residing at 365 Townhouse, Hershey, Dauphin County, Pennsylvania. 5. Defendant Kenneth Cessna is an adult individual at all times relevant residing at R.D. #5, Box 191, Kittanning, Armstrong County, Pennsylvania. 6. Defendant Henkels & McCoy, Inc. (misidentified as Hinkle and McCoy) is a Pennsylvania corporation licensed to do business in the Commonwealth of Pennsylvania and all times relevant maintaining a principal place of business in the Commonwealth at 965 Jolly Road, Blue Bell, Montgomery County, Pennsylvania. 7. Additional Defendant, Scott C. Wasilefski is an adult individual formerly a resident of the Commonwealth and currently a resident of 4709 22nd Street, Arlington, VA 22207 8. Defendants filed a Praecipe for this Honorable Court to issue a Writ to Join Additional Defendant Scott C. Wasilefski on or about November 14, 2002. 9. Third-Party Plaintiffs, Kenneth Cessna and Henkels & McCoy, Inc. hereby incorporate by reference Plaintiff's First Amended Civil Complaint in its entirety, as if set forth more fully below. See, Exhibit A attached hereto. 10. On or about June 25, 2000, Additional Defendant Scott C. Wasilefski was operating a 1990 Isuzu Amigo motor vehicle in the right hand lane of the eastbound Pennsylvania Turnpike at approximately milepost 204.3, irnniediately in front of the vehicle owned by Defendant Henkels & McCoy, Inc. and operated by Kenneth Cessna. 11. At the aforementioned place and time, Additional Defendant Scott C. Wasilefski lost control of his motor vehicle, creating a sudden emergency for Third-Party Plaintiffs Kenneth Cessna and Henkels & McCoy, Inc. 12. As a direct and proximate result of the negligence of Additional Defendant Scott C. Wasilefski, as described more fully below, Third-Party Plaintiff, Kenneth Cessna was forced to take evasive maneuvers which resulted in the collision between his vehicle and Mr. Lowe's vehicle which forms the basis of Mr. Lowe's complaint for property damage. 13. Additional Defendant Scott C. Wasilefski's negligence consisted more specifically of the following acts and/or omissions: (a) failure to make proper observation; (b) traveling at a speed too fast for conditions; (c) traveling at an unlawful speed; (d) changing lanes under traffic conditions not permitted to law; (e) failure to maintain control of his vehicle; (f) operating a motor vehicle under the influence of alcohol or other drags in a quantity sufficient to impair judgrnent and/or sight and/or to induce sleep; and (g) such other acts or omissions as shall be discovered by Third-Party Plaintiffs, and already known to Additional Defendant during the pendency of this matter. 14. Additional Defendant Scott C. Wasilefski is solely liable on the Plaintiff's cause of action. 15. In the altemative, should Third-Party Plaintiff Kenneth Cessna be found to be liable to Plaintiff on Plaintiff's cause of action, which liability is otherwise strictly denied, Additional Defendant Scott C. Wasilefski is jointly or severally liable with Mr. Cessna on the Plaintiff's cause of action, or Additional Defendant Scott C. Wasilefski is liable over to Third-Party Plaintiffs Kenneth Cessna and Henkels & McCoy, Inc. (misidentified as Hinkle & McCoy) on the Plaimiff's cause of action. WHEREFORE, Third-Party Plaintiffs and original Defendants Kenneth Cessna and Henkels & McCoy, Inc. (misidentified as Hinkle & McCoy) hereby pray for judgment against Additional Defendant Scott C. Wasilefski for the damages claimed by Plaintiff in Plaintiff's First Amended Complaint. Respectfully submitted, KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP David F. Whi~,, ~s[u~re. X Timothy J.filartig~l~Esqu~e "~ Attomeys oror~ndants, Kenneth Cessna and Henkels & McCoy, Inc. (Misidentified as "Hinkle & McCoy") CERTIFICATE OF SERVICE Timothy J. Hartigan, Esquire hereby certifies that on tiffs date a tree and correct copy of Joinder Complaint were served on all parties or counsel for all parties via U.S. first class mail, postage prepaid, as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Scott C. Wasilefski 4709 22nd Street Arlington, VA 22207 KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP D avi~l F. Wh/i~e~E~t~ire ~ Timothy J. ~Iarti~fi, Esquire ~ Attorneys foM~refendants/Tl'fi~d Party Plaintiffs Kenneth Cessna and Henkels & McCoy, Inc. VERIFICATION I, Dorothy J. Clark, hereby certify that I am the Manager, Claims and Litigation of Henkels & McCoy, Inc., and the statements of fact made in the foregoing Defendants, Kenneth Cessna and Henkels & McCoy's Joinder Complaint are true and correct to the best of my knowledge, information and belief. I make this verification subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities. Date: BY: 03HB-00007 LAW OFFICES OF JACOBS & SABA 214 Senate ~venue, Suite 503 Camp Hill, I~A 17011 Telephone N~mber: (717) 731-0988 Attorneys fo~ Defendant ROBERT LOWE, (PLAINTIFF) I VS. HENKELS & MCCOY, INC. (MISIDENTIFIE] AS KINKLE & h~CCOY) AND KENNETH ~ESSNA, (D~ENDANT) VS. SCOT, WASILFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2994 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly e~ter my appearance in the above-captioned matter on behalf of the Additional Defendant, Sco~ C. Wasilefski. Respectfully submitted, LAW OFFICES OF JACOBS & SABA 'a~ir~d"ET. ~ickards, Esquire Attorney for Defendant Scott Wasilefski Identification No. 58867 Date: January 27, 2003_ 03HB-00007 LAW OFFICES OF JACOBS & SA~A 214 SenatI Avenue, Suite 503 Camp Hill PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant ROBERT LOWE, (P~AINTIFF) VS. HENKELS & MCC aY, INC. (MISIDENTIFIED AS KINKLE & MCCOY) AND KENNETH CESSNA, SVAST) SCOT~ Gira~ Defendant h~ to be served VS. Dated: Ja~ WASILFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-2994 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE d E. Rickards, Esquire, hereby certifies that he is the attorney for the ~rein, and that he caused a true and correct copy of Entry of Appearance~ by regular first class mail upon: David F. White, Esquire 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 :uary 27, 2003 Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 171080-1268 ~rard E.'~kards, Esquire Attorney for Defendant KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE TIMOTHY J. HARTIGAN, ESQUIRE Identification No. 55738/66231 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 Attorney for Defendants: Kenneth Cessna and Henkels & McCoy ROBERT LOWE PLAINTIFF V HENKELS & MCCOY, INC. (misidentified As Hinkle & McCoy) and KENNETH CESSNA DEFENDANTS V. SCOTT WASILEFSKI COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-2994 CIVIL TERM JURY TRIAL DEMAND PRAECIPE TO ATTACH EXHIBIT TO JOINDER COMPLAINT TO THE PROTHONOTARY: Please attach the Plaintiff's First Amended Complaint to Defendants' Joinder Complaint, originally filed on December 26, 2003 as Exhibit A. Respectfully submitted, KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY TRABUCCO & WHITE, LLP By: David F. Whip, ire Timothy J.J~[artig~, Esquire//~ Attomeys ff_or_gLoq6ndant s, Kenneth Cessna and Henkels & McCoy, Inc. (Misidentified as "Hinkle & McCoy") CERTIFICATE OF SERVICE Timothy J. Hartigan, Esquire hereby certifies that on t'his date a true and correct copy of Praecipe to Attach Exhibit to Defendants' Joinder Complaint were served on all parties or counsel for all parties via U.S. first class mail, postage prepaid, as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Girard Rickards, Esquire Jacobs & Saba Law Offices 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Date: KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP David F. ~ Timoth/v/J. _I--Iartib~fiji, Attojz~ys fr~n Kenheth'Ces§iSa an¢ ~' t~ffs~tir' &y Plaintiffs [eakels & McCoy, Inc. ALL-STATE LEGAL~ 800 222-0510 GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire - I.D. No. 32085 32O Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 2344161 Attorney for Plaintiff ROBERTLOWE Plaintiff Vo KENNETH CESSNA and HINKLE & MCCOY Defendants COURT OECOMMON PLEAS CUMBERLAND COUNTY, PA No. 02-2994 Civil Term JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 'TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y pot cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. ' LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 GOLDBERG, KAT~ & SHIPMAN, P.C. Thomas E. Brenner, Esquire - I.D. No. 32085 320 Market Street Strawbow Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney for Plaintiff ROBERT LOWE Plaintiff Vo KENNETH CESSNA and HINKLE & MCCOY Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-2994 Civil Term JURY TRJAL DEMANDED AMENDED COMPLAINT AND NOW, comes Plaintiff Robert Lowe, by and through his attorneys, Goldberg, Katzman & Shipman, P.C., who states: 1. Plaintiff Robert Lowe is an adult individual residing at 365 Townhouse, Hershey, Dauphin County, Pennsylvania. 2. Defendant Kenneth Cessna is an adult individual residing at l~D.#5, Box 191, Kittanning, Armstrong County, Pennsylvania. 3. Defendant Hinkle & McCoy is a business entity authorized to conduct business in the Commonwealth of Pennsylvania, including Cumberland County, with offices at 965 Jolly Road, Blue Bell, Montgomery County, Pennsylvania. 4. The events hereinafter set forth arise from a motor vehicle accident that occurred on June 25, 2000, on the Pennsylvania Turnpike in Hopewell Township, Cumberland County, near Mile Marker 204.3, Eastbound. 5C At the time and p a~aforesaid, Robert Lowe was proceeding Eastbound in the passing lane in his 1996 Ford E250 van. · 6. Defendant Kenneth Cessna was operating a Ford F450 and proceeding in the fight hand lane of the Pennsylvania Turnpike. 7. Defendant Cessna was an employee of Defendant Hinkle and McCoy at the time of this accident. 8. Defendant Cessna suddenly moved his vehicle from the right hand lane to the left hand lane, contacting the front of the vehicle owned by Plaintiff Lowe, resulting in property damage to that vehicle. 2 10. COUNT I - The averments of paragraphs 1 through 8 are incorporated herein by Defendant Cessna was negligent in that he: · (a) (b) sought to shift lanes without observing: other vehicles around him; entered into the lane occupied by Plaintiff Lowe in an unsafe manner; (c) caused his vehicle to come into contact with the Lowe vehicle; (d) violated the provisions of the Pennsylvania Motor Vehicle Code regarding the shifting of lanes by the operator of a motor vehicle. 11. As a direct result of the negligence, carelessness and recklessness of Defendant Cessna, Robert Lowe sustained the following damages: 0,) Property for repair of vehicle: Rental car expense: $ 5,449.30 $ 2,179.31 WHEREFORE, Plaintiff Robert Lowe demands Judgment against Defendant Kenneth Cessna, jointly and severally, in an amount less than $25,000, together with interest and cost of suit. This is an amount requiring submission of this claim to compulsory arbitration pursuant to the Local Rules of Court. 12. ref~ence~ _ 13. COUNT H The averments of paragraphs 1 through 11 are :incorporated herein by At the time and place aforesaid, Defendant Cessna acted as the agent, servantor employee of Defendant Hinkle & McCoy. . 14. In the alternative, Defendant Hinkle & McCoy negligently entrusted a motor vehicle to Defendant Cessna, who they knew, or in the: exercise of reasonable diligence, should have known, was not competent to operate a motor vehicle. 15. Defendant Hinkle & McCoy is vicariously liable for the acts of Defendant Cessna. WIW~REFORE, Plaintiff Robert Lowe demands Judgment against Defendant Hinkle & McCoy, jointly and severally in an amount less than $25,000, together with interest and costs of suit. This amount requires submission of this claim to compulsory arbitration pursuant to Local Rules of Court. 85646.1 GOLDBERG, KATZMAN & SHIpMAN, P.C Thomas E. Brenner, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [7171234-4161 Attorney I.D. No. 32085 Attorney for Plaintiff 4 VERIFICATION I, Robert Lowe, hereby acknowledge that I am the Plaintiff herein; that I have read the foregoing Complaint; and that thc facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. R~bert Lowe CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Timothy J. Hartigan, Esq. David Smith, Esq. Kelly, McLaughlin, Foster, Bracaglia, Daly Trabucco & White, LLP 620 w. Germantown Pike Suite 350 Plymouth Meeting, PA 19462-1056 Date: Thomas E. Brenner, Esq. 83638.1 03HB-00007 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant ROBERT LOWE, (PLAINTIFF) VS. HENKELS & McCoY, INC. (MISIDENTIFIE£ AS KINKLE & MCCOY) AND KENNETH CESSNA, (OEFENOA~T) VS. SCOTT WASILFSKI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-2994 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO AMEND ADDITIONAL DEFENDANT COMPLAINT It is hereby agreed and stipulated by the Defendants Henkels & McCoy Inc. (misidentified as Kinkle & McCoy), Kenneth Cessna and Additional Defendant Scott Wasilefski that the Additional Defendant Complaint is amended to delete paragraph 13 (g). "G~rard E. l~ckards, Esquire Date: 03HB-00007 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant ROBERT LOWE, (PLAINTIFF) VS. HENKELS & McCoY, INC. (MISIDENTIFIED AS KINKLE & MCCOY) AND KENNETH CESSNA, (m;FEm ANT) VS. SCOTT WASILFSKI CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-2994 CIVIL ACTION - LAW JURY TRIAL DEMANDED Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of Stipulation to Amend Additional defendant's Complaint, to be served by regular first class mail upon: David F. White, Esquire 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 Dated: March 11, 2003 Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 171080-1268 "~Girard Er.. Rickards, Esquire Attorney for Defendant KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE TIMOTHY J. HARTIGAN, ESQUIRE Identification No. 55738/66231 1617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 Attorney for Defendants: Kenneth Cessna and Henkels & McCoy ROBERT LOWE COURT OF COMMON PLEAS v HENKELS & MCCOY, INC. (misidentified As Hinkle & McCoy) and KENNETH CESSNA V. SCOTT WASILEFSKI CUMBERLAND COUNTY, PA NO. 02-2994 CIVIL TERM JURY TRIAL DEMAND AFFIDAVIT OF SERVICE OF JOINDER COMPLAINT I, Timothy J. Hartigan, Esquire, counsel for defendants, Henkels & McCoy, Inc. and Kenneth Cessna, do hereby depose and affirm that Defendants' Joinder Complaint Against Additional Defendant, Scott C. Wasilefski, was served by certified mail, return receipt requested, under cover of January 2, 2003, and signed for by iMr. Wasilefski on January 4, 2003. Attached as Exhibit "A", please find the signed Domestic Return Receipt by Mr. Wasilefski. KELLY, McLAUGHLIN, FOSTER, BRACA~GLIA,.D~I~y~ TRABUCCO & WHITE, LLP Ke~a ~kels & McCoy, (Misidentified ~ "Hi~e & McCoy") 1617 JFK BOULEVARD SUITE 1690 PHILADELPHIA, PA 19103-1815 TELEPHONE: (215) 790-7900 FAX: (215) 985-0675 TIMOTHY J. HARTIGAN ADMITTED IN PA THARTIGANO LI NKKMF.COM {610) 941.7972 KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO fi: WHITE, LLP ATTORNEYS AT LAW 620 W. GERMANTOWN PIKE SUITE 350 PLYMOUTH MEETING, PA 19462-1056 TELEPHONE (610) 941-7900 FAX (610) 941-8133 January 2, 2003 900 HADDON AVENUE SUITE 332 COLLINGS'~'OOD, NJ 08108-1908 TELEPHONE: (856) 869-3100 FAX: (856) 854-4233 OUR FILE: 17773 Mr. Scott C. Wasilefski 4709 22nd Street Arlington, VA 22207 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Lowe v. Henkels & McCoy Dear . Wasilefski: nr~E'~ Plosed please find a true and correct copy of Defendant, Henkels & McCoy, Inc.'s Joinder Complaint against you in the matter of Lowe v. Henkels & McCoy, Inc., Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 02-2994. You are served. You should forward this Complaint to yo,.r automobile insurance company and/or attorney immediately and direct them to contact me. Thank you for your attention to this matter. TJH/kk Enclosure cc' Thomas Brenner, Esquire (w/o enc.) Very truly yours, Kelly, McLaughlin, Foster, ~.,raeaglia, Daly, Tra,bucco & White, LLP ~ · ! :/3 ! f Tim6thy J:.~i~an,.:. 313567-~ CERTIFICATE OF SERVICE Timothy J. Hartigan, Esquire hereby certifies that on this date a true and correct copy of Affidavit of Service of Joinder Complaint was served on all parties or counsel for all parties via U.S. first class mail, postage prepaid, as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Girard Rickards, Esquire Jacobs & Saba Law Offices 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 KELLY, McLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP s & McCoy, Inc. KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: DAVID F. WHITE, ESQUIRE TIMOTHY J. HARTIGAN, ESQUIRE Identification No. 55738/662311617 John F. Kennedy Boulevard Suite 1690 Philadelphia, PA 19103 (215) 7690-7900 Attorney for Defendants: Kenneth Cessna and Henkels & McCoy ROBERTLOWE PLAINTIFF : V ; HENKELS & MCCOY, INC. (misidentified: As Hinkle & McCoy) and KENNETH CESSNA DEFENDANTS SCOTT WASILEFSKI CERTIFICATE OF SERVICE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-2994 CIVIL TERM JURY TRIAL DEMAND I, TIMOTHY J. HARTIGAN, ESQUIRE, attorney for Defendants, Henkels & McCoy, Inc. hereby certify that I served a true and correct copy of the foregoing Praecipe to Discontinue via United States Mail, First Class, Postage Pre-paid to the following: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 Girard E. Rickards, Esquire Law Offices of Jacobs & Saba 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Respectfully submitted, KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA ¢!Y'~U~O 8~IWHITE, LLP Timothy4. Hart)gan,/Esqutif'&x Attome'y for D~fendants, [ '5 Henkels & McCoy, Inc. GOLDBERG, KATZMAN & ~SIqlI'MAN, P.C. Thomas E. Briner. F~quin~ - I.D. No. 32085 320~ Street $irawbeny Square P.O. Box 1268 Hanisburg, PA 17108-126g [717] 234-4161 Anomey for Pkanaff ROBERT LOWE Plaintiff KENNETH CESSNA and HINKLE & MCCOY Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-2994 Civil Term JURY TRIAL DEMANDED PRAECIYE TO DISCONTINUE Please mark this action as settled and discontinued., Date:/~/~ 7/0) GOLDBERG, KATZMAN & SltlPMAN, P.C Thomas E. Brenner, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [7171 2344161 Attorney I.D. No. 32085 Attorney for Plaintiff 97590.1