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Home My WebLink About00-02528 . \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA EMILY J. REED, Plaintiff, for 2000- ~5.;l<6 &J No. -vs- CIVIL ACTION - LAW BURL~GTON MOTOR CARRIERS, INC., and RONALD L. STEVEY, , Defendants. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Sununons against the defendants, Burlington Motor Carriers, Inc., and Ronald L. Stevey, in the above-captioned matter. Please forward one writ to the Sheriff of Cumberland County for deputizing the Sheriff of Dauphin County to effect service upon Burlington Motor Carriers, Inc., as follows: c/o Corporation Service Company, 319 Market Street Harrisburg, Pennsylvania 1710 I and forward another writ to my office for service upon Ronald L. Stevey by First Class U.S. mail, retum receipt requested. Date: April 20, 2000 /1 -0- ~~. ~ ~ Kristin M. Banasick, Esquire Attorney for Plaintiff 321 South Richard Street Bedford PA 15522 (814) 623-6850 Ph. (814) 623-6313 Fax Atty ID# 61691 II ~ ' . j' . ',*;:",,"V!,",W'M(llWiliM Ui! . ~ ..~ ~ -< ~ ~ '...wIit~;l1i,ol;wjMllOill"..;~!ii;!"fi1"'_;jo".~."=""", ""' ~I'i!l!lrl;l;,jjliil:!l"&litiilltililO-_~fi,;;";';;i!!MW1'l"~ "'>., (~ ~ r'-J~\?"\. \,-j/ ' - ~ ~, -...j ~ -, :J -<1 C'-..o c::-. ~ l::;; ~ , , _';!I/I~_='''' ~.JlI - ~ K ~~ ;\ (y ~ ~\ r~ ''"2 (") c- ~ ""'- [H IT ~;- ~~" ,so >c.c: Z -j ""- c:: r"~ ~ '~''',) .:~) :-.) cr. i . ~~. \ S\- ~ - , .." -"''".'';J~I . ~ I , II ", "" Commonwealth of Pennsylvania County of Cumberland Emily J. Reed Court of Common Pleas VB. No. __~9_Q9_-:~_~~_8__.9_:j,yjJ-__'!'~_~!1!______ 19____ Burlington Motor Carriers, Inc. c/o Corporate Service Company 319 Market Street Harrisburg PA 17101 Ronald Stevey In ___~t~:j,J__?c~~_:j,9_~__-:_~~~________________ Burlington Motor Carriers, Inc. and Ronald Stevey: To _____________________________________________ You are hereby notified that _____________________________________~~}_!JL_g_~__~_~~_~_________________________________________ the Plain tiff . . Summons - Civil Action - Law h~ commenced an actIon In ________________________________________________________ against you which you are requited to defend or a default judgment may be entered against you_ (SEAL) Curtis R. Long .------------------------------------------------ , Protho ta Date Ap ril 24, 2000 ------------------------------ 19____ _~I!iIdIlIl:lI\I~~i'llii-I~...q~~il>.~~_liW'{ill;<~> ~;;'i..""""",..,,~- ^,\- ,~~ ~ ~'" ~ -'........--........ ? .. , :>I n H~ 1:<:1 ~ I t; f-'. :; '1 S , -td w f-'. <: C) >-' f-'. , , CD CD NtIl f-'. , f-'. >-' N , 1-'p.l-'rt >-' :; << 0 I , oil> Hl ..... PlcQ 0 I ~Otn::l "" :; rt C4 0 I , t;. C) r 0..0 I , ",p. :;:: rt :; N , N :tI' f-'. :0 :0 U1 , >' W f-'. 0 o ~ CD N ..' l'ClOtll :; :; 0 CD 00 S: "':J:o'::TPl I I Pl IT Ii 0.. 3: CD Ill::l >-'0 n ~: U1 t; III 0..'1 f-'. Ol-'o..tIl t" ~ , IJI ..... Pl t"n f-'. , .... I IJItnO :;: 1:1 . Pl >-' I Nrt;>;' '1 I I N' " tn'1 "l I IT f-'. CD , 1:<:1 CD CD '1 I - , tIl <: '1 "" S I ..0 I I CD tIl I , , <<" I , I ^;',~. , d . _ ",' "0 ,., ,,,., ,. ~. .,J. ,,-;. ~ KRISTIN M. BANASICK ATTORNEY AT LAW 321 SOUTH RICHARD STREET BEDFORD P A 15522 TELEPHONE (814) 623-6850 FAX (814) 623-6313 May 4, 2000 Curt Long, Prothonotary Prothonotary of Cumberland County Cumberland County Courthouse I Courthouse Square Carlisle PA 17013 RE: Reed -vs- Burlington, et al. No. 2000-2528 Civil Term Dear Prothonotary: Per your request, please be advised that my records indicate the defendant Ronald Stevey's address as of May, 1997 is P.O. Box 263, Madison, Wisconsin 62060. Should you have any further questions, please feel free to contact my office. Yours truly, v Kristin M. Banasick, Esq. KMB:gb cc: file - reedemilylreede-llproth2 Emily Reed enclosures - none -.-..,." iJ \r SHERIFF'S RETURN - OUT OF COUNTY I, CASE NO: 2000-02528 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REED EMILY J VS BURLINGTON MOTOR CARRIERS INC 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 BURLINGTON MOTOR CARRIERS INC but was unable to locate Them deputized the sheriff of DAUPHIN , to wit: in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 12th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Dauphin Co 25.50 .00 62.50 05/12/2000 KRISTIN M. BANASICK Sworn and subscribed to before me this 2</9: day of ~ .2vvo A.D. ~a~~ Prothonotary .,._" t i I ! ! :~ I l', I t' , [' l~: ' i, " I ~: 1 '_...~..... , j~ >'1 , ,. @ffire of tq~ ~4~riff j': I William T. Tully Solicitor Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy , c "i " , I'! I, I! I Li " I:" II Mary Jane Snyder Real Estate Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania REED EMILY J vs County of Dauphin BURLINGTON MOTOR CARRIERS INC A/K/A Sheriff's Return No. 0990-T - -2000 OTHER COUNTY NO. 20-25-28 AND NOW: May 3, 2000 at 9:35AM served the within SUMMONS IN CIVIL ACTION upon BURLINGTON MOTOR CARRIERS INC A/K/A BURLINGTON TRUCKING COMPANY to JAMIE OLITSKY by personally handing 1 true attested copy (ies) of the original SUMMONS IN CIVIL ACTION and making known to him/her the contents thereof at 319 MARKET ST HBG, PA 17101-0000 Sworn and subsc~ibed to So Answers, JR~ ~"~" ~='" Sheriff of Dauphin County, Pa. PROTHONOTARY By~~L Sheriff's Costs: $25.50 PD 05/02/2000 RCPT NO 136388 RH J.. '~ , ,,-. - In The Court of Common Pleas of Cumberland County, Pennsylvania Emily J. Reed VS. Burlington Motor Carriers, Inc., a/k/a Burlington Trucking Compan~ N~20-2528 Civil Now, 4/27/00 . 20 4) () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to exe.cute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~-c~~ , , Sheriff of mnberland County, FA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the origimtl a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ; 20_. COSTS SERVICE MILEAGE AFFIDAVIT $ $ ~. ~, i, ~~d, J l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW EMILY 1. REED, Plaintiff No.: 2000-2528 v. BURINGTON MOTOR CARRIERS, INC. and RONALD STEVEY, JURY TRIAL DEMANDED Defendants ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly ENTER the appearance of the undersigned on behalf of Burlington Motor Carriers, Inc. in connection with the above-captioned case. NL\RSHALL,DENNEHEY,VVARNER COLEMAN GOGGIN BY: "'fI MATTHEWL. 0 N, SQUIRE Supreme Court No.: 76080 Attorney for Defendant, Burlington Motor Carriers, Inc. Date: ~ 2. '1 00 I05_AILIABI OILLPGI 05821LYVl02710150000 r.- l> ~",.~" ) .. .. ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW EMILY 1. REED, Plaintiff No.: 2000-2528 VI. BURINGTON MOTOR CARRIERS, INC. and RONALD STEVEY, Defendants JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I, Lori VanDuzer, an employee of the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thisa..~'''day of May, 2000, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Kristin M. Banasick, Esquire 321 South Richard Street Bedford, PA 15522 -"'liilIiiIIliiIliI~_1~~iIIiIIIfiIu~'-i '1_.";'"~.i1!ta~iMIIliIlIln..' .. ..-.........-................. " " ~," - . - ~ \ o (:{, ~ ~ ::t~ -qtl) P. '''r- tB~ ~~)~ is; C? '1:>;\ t2l5 -; ~6 zO,' 6.1'0 '"Z:o ''i!. --- '.P.;;o_ _ ~ 2. (,j " '. 1 ':;f." ~ " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW EMILY J. REED, Plaintiff No.: 2000-2528 v. BURLINGTON MOTOR CARRIERS, INC. and RONALD STEVEY, JURY TRIAL DEMANDED Defendants RULE TO FILE COMPLAINT AND NOW this I ~day of ...)/.A...PF , 2000, a Rule is entered upon the Plaintiff, Emily J. Reed, to file a Complaint. Prothonotary - Cumberland County ~;.,- . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW EMILY J. REED, Plaintiff No.: 2000-2528 VI. BURLINGTON MOTOR CARRIERS, INC. and RONALD STEVEY, JURY TRIAL DEMANDED Defendants PRAECWEFORRULE TOmLE COMWLAINT TO THE PROTHONOTARY: Kindly issue Rule upon Plaintiff, Emily 1. Reed, to file a Complaint on her claim against Defendants, Burlington Motor Carriers, Inc. and Ronald Stevey, within twenty (20) days or suffer Judgment of Non-Pros. MARSHALL, DENNEHEY, WARNER COLEMAN & G GIN BY: MATTHEW L. OWENS, ESQUIRE Supreme Court No.: 76080 Attorney for Defendant, Burlington Motor Carriers, Inc. U 08 5831L1fVI02710100115 , ~ ~.,I c ~-''Wj; - . I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMILY 1. REED, Plaintiff No.: 2000-2528 Vll. BURLINGTON MOTOR CARRIERS, INC. and RONALD STEVEY, Defendants JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I, Lori VanDuzer, an employee of the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this p't1- day of June, 2000, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Kristin M. Banasick, Esquire 321 South Richard Street Bedford, PA 15522 105 _AILIABIMLOILLPGl505831L YVl0271 010011 5 ~1_lIl'llIiOlld~!IlllilIIIilllffiUlli~~~:\!I>~iIIl<l_l "",. ,~ Iiil ~ ~ - . .,~, i,: i'- P (') C...J C) C CJ "'" ~n Vr~' ,- ~. j m'" r-- ~SS ;.r.: Tr ~r- ., iT! (f)"t> -<~". r,) ~:~ CJ !:: cS l..:' , ..." C) )-;;:0 " ," -r"; Z. :~.,: ','):!} --0 ,;~ ~~~ Pc C& '" z -" :::t 't-_ \0 ~'J -< . ..~. " ." . , ~, . ... , . c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMILY J. REED, Plaintiff No.: 2000-2528 v. BURLINGTON MOTOR CARRIERS, INC. and RONALD STEVEY, JURY TRIAL DEMANDED Defendants RULE TO FILE COMPLAINT AND NOW this J,J.~ day of ..... )~ , 2000, a Rule is entered upon the Plaintiff, Emily J. Reed, to file a Complaint. '" ,'. :OU: '... .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMILY 1. REED, Plaintiff No.: 2000-2528 v. BURLINGTON MOTOR CARRIERS, INC. and RONALD STEVEY, JURY TRIAL DEMANDED Defendants CERTIFICATION OF SERVICE I, Lori VanDuzer, an employee of the law firm of Marshall, Deunehey, Warner, Coleman & Goggin, do hereby certify that on this ~ay of July, 2000, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Kristin M. Banasick, Esquire 321 South Richard Street Bedford, PA 15522 \05_ AILIAB\MLOILLPG\5244 7IL YVl02710\00115 aiiBiiiddiiii-:-,-"m lililit_ilIlihhil&1~'''''''~ .~"~ <, ".--'"-" ""'"' . '~'~.;,IIiII-lllb. . n~ ik,,*~olIl . , ~ ~ - ~ '-". ~ p~ . .--;. ""., .. #- 1,1 i ~i 1,1 1 "I ;~ ~i ~f I! II il 1:1 I' II II II I! II )1 ~r i Ii '! I I I () Cl 0 C 0 " ~ c..... ..-1 -OW c: ;>~1 :JJ fTlfTl , Z:J") 01-- ZC I :~~~~ (p~~ CJ' ..:..(",(, .,-----l ~~~ yCj .." ~' =+t >c' :J4 '-'-- ;So 6?~ PC ....-1 Z N '<> -1 ~ -< 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA I EMILY J. REED, Plaintiff, : No. 2000-2528 Civil Term -vs- : : CIVIL ACTION - LAW BURLINGTON MOTOR CARRIERS, INC., and RONALD L STEVEY, 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned at 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 ights important to you. 'IOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 ~OT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE ~HE OFFICE SET FORTH BEWW TO FIND OUT WHERE YOU CAN GET uEGAL HELP. Cumberland County Bar Association 2 Liberty Ave Carlisle PA 17013 (717) 249-3166 I .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA I ;:I · 1 EMILY J. REED, Plaintiff, : :;'1 No. 2000-2528 Civil Term -vs- : CIVIL ACTION - LAW BURLINGTON MOTOR CARRIERS, INC., and RONALD L. STEVEY, : Defendants. COMPLAINT AND NOW, comes the plaintiff above-named, Emily J. Reed, by and through her attorney, Kristin M Banasick, Esquire, and files the within Complaint against Burlington Motor Carriers, Inc., and Ronald L. Stevey, whereof the following is a statement: 1. The plaintiff Emily 1 Reed is an adult individual residing at 1531 Corley Road. IManns Choice, Pennsylvania 15550. , 1 2. The defendant Burlington Motor Carriers, Inc. ["the defendant Burlington"] is and ! has been at all times material hereto, a corporation duly organized and existing under \ pelaware law, conducting substantial and continuous business in Pennsylvania, with the I: I following principal business location: c/o Corporation Service Company, 319 Market Street, , IHarrisburg, Pennsylvania 17101. 3. The defendant Ronald L. Stevey ["the defendant Stevey"] is an adult individual ,,,hose last known address is 615 South 6th Street, Rockford, Illinois 61114. u 1- 4. At all times relevant hereto, the defendant Stevey was an agent, servant or employee of the defendant Burlington, and further at all relevant times was acting within the course and scope of such agency, servitude or employment. 5. The events hereinafter complained of occurred on or about 2:00 p.m. on May 7, 1998, along 1-76, better known as the Pennsylvania Turnpike, between mile posts 205 and 206. The said Pennsylvania Turnpike is a four-lane divided highway, two lanes designated and reserved for eastbound traffic and two lanes designated and reserved for westbound traffic. I .: 6. At that time and place, the plaintiff was a passenger seated in the front seat of a " 1991 Subaru Legacy owned by the plaintiff and operated by her daughter, Miranda L. Reed, in . a lawful and prudent manner in the eastbound right-hand lane on a straight portion of the !highway. 7. Also at that same time and place in the left-hand lane, the defendant Stevey was bperating a 1994 FreightIiner tractor trailer ["the tractor trailer"], owned by the defendant Burlington, and was attempting to overtake the vehicle carrying the plaintiff. 8. At the point when the tractor trailer was adjacent to the plaintiff's Subaru, the efendant Stevey suddenly and without warning turned into the right lane and virtually rode p over the left front hood of the Subaru, flattening the front tires. 9. The impact of the tractor trailer with the Subaru caused the operator Miranda R-eed, tlrrough no fault of her own, to lose control and veer into the right side fuel tank, drive . xles and trailer landing gear of the tractor trailer. This second impact then deflected the I . Subaru across the right lane of the roadway and caused the Subaru to impact guiderail posts II I along the south berm, approximately eighty-four (84) feet east of the fIrst impact 10. After the Subaru struck the guiderails, it traveled approximately forty-eight (48) , I I feet in a northeasterly direction and back onto the roadway where it struck the tires of the trailer and came to rest. ii 11. The accident was directly and proximately caused by the negligence and carelessness of the defendant Ronald L. Stevey while acting within the course scope of his agency, servitude and/or employment for Burlington Motor Carriers, Inc., which consisted, . among other things, of the following: I I II a. in operating his vehicle in a careless, reckless and negligent manner so as to endanger the lives and properties of others; b. in operating his vehicle with no adequate warning or signal of his intent to veer into the right hand lane occupied by the vehicle carrying the plaintiff; c. in failing to keep his motor vehicle under the proper control; d. in operating his vehicle without due regard for the rights, safety and positions of other persons and/or vehicles using the roadway, especially the plaintiff; e. in failing to have his motor vehicle under the proper control so as to prevent his vehicle from being in the direct line of traffic of the plaintiff; f. in failing to keep a proper lookout; Ii g. in failing to use due care under the circumstances; , h. in failing to notice the adjacent motor vehicle carrying the plaintiff; i. in failing to yield the right-of-way to the vehicle carrying the plaintiff; I . j. in failing to take evasive action to avoid impacting the vehicle carrying the plaintiff; k. in operating his vehicle in disregard to the rules of the road, the ordinances of the township, and the laws of the Commonwealth of Pennsylvania; 12. At all times relevant hereto, the plaintiff acted with due care and was not contributorily negligent COUNT I Emily J. Reed V5. Burlington Motor Carriers, Ine. and Ronald L. Stevey 13. The plaintiff incorporates by reference all of the preceding paragraphs of this omplaint as if each and every one were individually set forth within this Count , , I I 14. As a result ofthe defendants' negligence, the plaintiff sustained serious injuries, iiome or all of which may be permanent, including but not limited to the following: injury to ~er left knee requiring arthroscopic surgery and an injury to her right eye in the nature of a etached vitreous humor causing, among other things, floaters, flashing arcs of light and I istorted peripheral vision requiring approximately six (6) exploratory surgical procedures on he eye. ; I 15. In addition, as a result of the defendants' negligence, the plaintiff had to undergo itainful surgeries, including, arthroscopic surgery to her left knee and exploratory medical i j'lrocedures on her right eye, both of which left her permanently disfigured. li '- 16. As a result of the defendants' negligence, the plaintiff has suffered great bodily pain and suffering, as well as mental anxiety and nervousness, to her great detriment and loss. 17. As a result of the defendants' negligence, the plaintiff has sustained serious and permanent injury, for the treatment of which she has incurred medical bills, wage loss and other expenses, and may require surgery in the future. 18. As a result of the defendants' negligence, the plaintiff has suffered an interruption of her daily habits and pursuits to her great and permanent detriment and loss. 19. As a direct and proximate result of the negligence of the defendants, the plaintiff suffered damages to her vehicle for which she has not been fully reimbursed. 20. The plaintiff has made demand for compensation of the aforesaid injuries and osses, which the defendants have failed and refused and stilI refuse to pay. 21. The plaintiffs injuries were caused solely, directly and proximately by the egligence, carelessness and recklessness of the defendants Burlington Motor Carriers, Inc., general and in the following particulars: a. in negligently entrusting their vehicle to the defendant Stevey; b. in failing to properly instruct, train and/or supervise the defendant Stevey in operation of their vehicle; c, in otherwise being careless, reckless and negligent under the circumstances. WHEREFORE, the plaintiff demands judgment against the defendants Burlington otor Carriers, Inc., and Ronald L. Stevey for a sum in excess of the limits of compulsory , bitration plus interest, costs, counsel fees and punitive damages. II ... ~~ Date: ,,7(~1t/V Respectfully submitted, Kristin M. Banasick, Esq. Attorney for Plaintiff 321 South Richard Street BedfordPA 15522 (814) 623-6850 Ph. (814) 623-6313 Fax Atty. ID# 61691 II . VERIFICATION I 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 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date ~ I Z-o rJt) I :lr~~ II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY J. REED, Plaintiff, No. 2000-2528 Civil Term -vs- BURLINGTON MOTOR CARRIERS, INC., and RONALD L STEVEY, : Defendants. : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Kristin M. Banasick, Esquire, hereby certify that on the date below I served upon tthew L. Owens, Esquire, a true and correct copy of the plaintiff's Complaint by mailing e same to him, First Class, U. S. Mail, at the following address: Matthew L. Owens, Esquire Marshall, Dennehey, Warner Coleman & Goggin 100 Pine Street P.o. Box 803 Harrisburg PA 17108-0803 ate: 07/';'1 ,2000 Kristin M. Banasick, Esquire Attorney for Plaintiff 321 South Richard Street Bedford Pl\ 15522 (814) 623-6850 Ph. (814) 623-6313 Fax Atty. ID# 61691 I: , - ;.,;~'u,,~'. ,_ ;;".1',' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMILY J. REED, Plaintiff No.: 2000-2528 v. BURLINGTON MOTOR CARRIERS, INC. and RONALD STEVEY, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: PLAINTIFF You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COUM;;;;) BY: fA! MATTHEW L. OWENS, ESQUIRE 100 Pine Street, Fourth Floor P.O. Box 803 Harrisburg, P A 17108-0803 LD. No. 76080 (717) 232-9324 Attorneys for Defendants DATE: '1 "Zq IJ 0 ~, -'~ , I , -,; , ,,' >"." \05_ A ILlABIMLOILLPG\55260\SXW\02710\00115 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW EMILY J. REED, Plaintiff No.: 2000-2528 v. BURLINGTON MOTOR CARRIERS, INC. and RONALD STEVEY, JURY TRIAL DEMANDED Defendants ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendants, Burlington Motor Carriers, Inc. and Ronald L. Stevey (hereinafter "Defendants"), by and through the undersigned counsel who respond to Plaintiffs Complaint as follows: 1. Denied. Responding Defendants lack knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 and therefore, the same are denied with strict proof thereof reqnired at trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. ,~, '~"'" . .~ i' " , , 6. Denied. Responding Defendants lack knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 6 and therefore, the same are denied with strict proof thereof required at trial. Paragraph 6 is further denied in that the same contains a conclusion ofIaw to which no response is required and therefore, the same is denied with strict proof thereof required at trial. 7. Admitted in part and denied in part. It is admitted that Defendant Stevey was operating a 1994 Freightliner tractor trailer. The remaining allegations are denied to the extent the Plaintiff characterizes Defendant's operation of his vehicle. The Defendant was operating his tractor trailer in the left-hand lane. 8. Paragraph 8 is denied in that the same contains a conclusion of law to which no response is required and therefore, the same is denied with strict proof thereof required at trial. 9. Paragraph 9 is denied in that the same contains a conclusion ofIaw to which no response is reqnired and therefore, the same is denied with strict proof thereof required at trial. 10. Paragraph 10 is denied in that the same contains a conclusion ofIaw to which no response is required and therefore, the same is denied with strict proof thereof required at trial. Paragraph 10 is further denied in that Responding Defendants lack knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 10 and therefore, the same are denied with strict proof thereof required at trial. 2 , I ...;, ""'" . 1 L (a) - (k). Paragraph ll(a) - (k) is denied in that the same contains a conclusion oflaw to which no response is required and therefore, the same is denied with strict proof thereofrequired at trial. 12. Paragraph 12 is denied in that the same contains a conclusion of law to which no response is required and therefore, the same is denied with strict proof thereof required at trial. COUNT I EMILY J. REED V. BURLINGTON MOTOR CARRIERS. INC. AND RONALD L. STEVEY 13. Responding Defendants incorporate by reference their responses to Paragraphs 1 through 12 of Plaintiffs Complaint as ifset forth herein at length. 14. Paragraph 14 is denied in that the same contains a conclusion oflaw to which no response is required and therefore, the same is denied with strict proof thereof required at trial. 15. Paragraph 15 is denied in that the same contains a conclusion oflaw to which no response is required and therefore, the same is denied with strict proofthereofrequired at trial. 16. Paragraph 16 is denied in that the same contains a conclusion oflaw to which no response is required and therefore, the same is denied with strict proof thereof required at trial. 17. Paragraph 17 is denied in that the same contains a conclusion of law to which no response is required and therefore, the same is denied with strict proofthereof required at trial. 3 "1 - " -" .~ I 18. Paragraph 18 is denied in that the same contains a conclusion oflaw to which no response is required and therefore, the same is denied with strict proof thereofrequired at trial. 19. Paragraph 19 is denied in that the same contains a conclusion oflaw to which no response is required and therefore, the same is denied with strict proof thereof required at trial. 20. Paragraph 20 is denied in that the same contains a conclusion oflaw to which no response is required and therefore, the same is denied with strict proof thereof reqnired at trial. 21. (a) - (c). Paragraph 21(a) - (c) is denied in that the same contains a conclusion oflaw to which no response is required and therefore, the same is denied with strict proof thereof required at trial. WHEREFORE, Defendants, Burlington Motor Carriers, Inc. and Ronald L. Stevey, demand judgment against the Plaintiff together with such costs this Honorable Court deems appropriate. NEW MATTER DIRECTED TO PLAINTIFF 22. Plaintiff's claims are barred by the applicable statute oflimitations. 23. Plaintiff has failed to state a cause of action upon which relief can be granted. 24. Plaintiff is barred and/or limited by all applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 4 ,; "' - -, "',~> , ~ - .^," ''=^'"- -:I . --', - .~. "j 25. No act or omission on the part of Defendants was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 26. Any and all injuries and/or damages as described by Plaintiff in her Complaint, the same being expressly denied, were caused in whole or in part, by the acts or omissions on the part of Plaintiff and/or others over whom Defendants had no control nor right of control. 27. Plaintiffs claims are barred and/or limited by the doctrine of res judicata and/or collateral estoppel. 28. Plaintiffs claims are derivative in nature, and are barred as a matter of law. 29. Defendants breached no duty of care owed to Plaintiff under the circumstances. 30. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative Negligence Act. 31. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Worker's Compensation Act. 32. At all times material hereto, Defendants acted in a safe, legal and non- negligent manner. 33. Plaintiffs negligent operation of her motor vehicle was the sole and proximate cause of all alleged injuries and damages. 5 "C' , I 34. Plaintiff's Complaint and or claims are barred by her selection ofIirnited tort as set forth by 75 Pa. C.S.A. ~ 1705. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: MATT W L. , SQUIRE 100 Pine Street, Fourth Floor P.O. Box 803 Harrisburg, P A 17108-0803 LD. No. 76080 (717) 232-9324 DATE: 1( ~~ 40 Attorneys for Defendants 6 "- L ...l VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~/2.z.1 Of) ~~8~ BURLINGTON MOTOR CARRIERS, INC. , ,>~~ , '--,"'.'" ".,1 ',." CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~S+h day of September, 2000 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Kristin M. Banasick, Esquire 321 South Richard Street Bedford, P A 15522 JL~ lLuJ~ SUSAN M. WILLIAMS "-',:' -I ,,;,~,,~ ~"~'" l"iIIl...i'liiMi-~~'"'""~~" ,'~' "J'."-'_"IJi.~~~''"''~';: .,;"",.F","',",,'-_'" . ~,~ ,~. ,. ""0'>" n,,_ 'n" 'm , 0 0 0 C 0 -n ;;;:: ,/> --4 "'tJ(j,: ;";"'} ~~i~.; n1f'il -0 Z:rJ l'':> 6S 0' =-~'~C} ~z '~~ ,<0 -0 ~c ::t: '-oj /'..... --;;-'-'" ;;;;0 r::' OiT\ ~ ~ ~ (,.) ::n -< , '~ . "" -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA EMILY J. REED, Plaintiff, No. 2000-2528 Civil Term , -vs- CIVIL ACTION - LAW BURLINGTON MOTOR CARRIERS, INC., and RONALD L. STEVEY, Defendants. PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS 22-34. The averments of paragraphs 22 through 34 are conclusions ofIaw to which no responsive pleadingiuequired. WHEREFORE, the plaintiff demands judgment in her favor and against the , defendants in an amount in excess of the jurisdictional limits for arbitration, together with costs and interest. Respectfully submitted, Date: 10 lOS-Ire> ?k.~ Kristin M. Banasick, Esq. Attorney for Plaintiff 321 South Richard Street Bedford PA 15522 (814) 623-6850 Ph. (814) 623-6313 Fax Atty. ID# 61691 ~ I, 'I ,,- . ' , I, , :', " I ",..1 . ~ I , .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA EMILY J. REED, Plaintiff, No. 2000-2528 Civil Term -vs- CIVIL ACTION - LAW BURLINGTON MOTOR CARRIERS, INe., and RONALD L. STEVEY, Defendants. CERTIFICATE OF SERVICE I hereby certify that on the date below, a true and correct copy of the Plaintiff's Reply to New Matter of the Defendants was served upon counsel for the defendants, Matthew L. IOwens, Esquire, by mailing the same to him, U.S. First Class Mail, postage prepaid, at the 'following address: Matthew L. Owens, Esquire Marshall, Dennehy, Warner, Coleman & Goggin 100 Pine Street, Fourth Floor P.O. Box 803 Harrisburg P A 17108-0803 Date {() lo~/ or; I {' ~ Kristin M. Banasick, Esq. Attorney for Plaintiff 321 South Richard Street Bedford PA 15522 (814) 623-6850 Ph. (814) 623-6313 Fax Atty. ID# 61691 I I~k IN THJi; COID).T OF COMMON PLEAS OF CUMlJE:RLAND COl[Nn'.Pl!JNNSYJ,VANIA EMILY J. REED, Plaintiff, : No, 2000.2528 Civil Term -\1S- . . : CIVIL ACTION - LAW BU:RUNGTONMOTOR CARRIERS, INC., ; and RONALD L. STEVEY, : Defendants. .CERpFI{:ATE QF S~RVI~E I, Kristin M. Banasick, Esquire, hereby certify that on the date below I llefVed upon Matthew L. Owens, Esquire, a true and correct, copy of thePlaintifl's Response to Request for Production of Documents and Answers to the Interrogatories by mailing the same to him, U.S. mail, first class, at the fpllowing address: Matthew L. Owens, Esquire Marshall, Dennehey, Warner Coleman & Goggin 100 Pine Street P.O. Box 803 Harrisburg P A 17108-0803 bate: January II ,2001 ?------ Kristin M. Banllskk, Esquire Attorneyfor Plaintiff 321 South Richard Street Bedford PA 15522 (814) 6~3-6850 Ph. (814) 623-6313 Fax Atty. lD# 61691 ~1~UIJin~~m~~~.~"r"""'B"';"''''h",''~''''''''T;L,WJl;fu~,~2tlililiiJr;,~..~..1" "-~" i"""-~~~f '-~~~m,~ji""-' o C :.::.? -nCl nll1: Z::C; Z~~ f~~~::, ,- ,-~ ~~~.. --, ~< C.' 1IIiIIIlII!I!IIIIIIII-~ ~. ,- '1-"'~) (..:> _,.,T\ ;'('" ~,~~ (-=.) , .,'"''1 2:;~~ 5J ~~ J .'f . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSlJAHT TO RULE 40.0.9.22 IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 400.9.22 MCS on behalf of MATTHEW L. OWENS,ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 08/21/2001 ~&f If /~TTHEW L. O~ Attorney for DEFENDANT DEll-273928 67882-LOl "' , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COHMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL NO'l'ICE OF IN'l'ENT TO SERVE A SUBPOENA TO PRODUCE DOCUDNTS AND THINGS FOR DISCOVERY PURSUAN'r TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KRISTIN IlANASICK, ESQUIRE MCS On behalf of MATTHEW L. OWENS,ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the unde~signed an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. CDlllplete copies of any reproduced records may be ordered at your' expense by cDlllpleting the a.ttached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/30/2001 MCS on behalf of MATTIIEV L. OWEBS.ESQUIBE Attomey for DEPEHDART CC: MATTIIEW L. OWENS, ESQUIRE - 02710-00115 Any questions regarding this matter, contact TIlE MCS GROUP INC. 1601 HARKET STREET #800 PlITT Am~T.l'BIA, PA 19103 (215) 246-0900 DE02-160360 67SS2-C01 >>> LOCATIOH LIST <<< RECORDS REQUESTED MKDICAL MKDIt:AL MKDICAL MKDICAL MKDICAL MKDICAL MKDICAL MKDICAL MKDICAL , ,~ -->.. '1'1 PAGE. 1 LOCATIOH HAMB VAHCE POT'rEIl, H.D. nTllBU1lE C. ERLICIIMAII, H.D. ROBEll.T 8. BUDD, H.D. CAIlLISLE HOSPITAL GIlEGORY A. BAIlKS,KD. HELSOH GUELIlEHZU, H.D. IlEREll.Y SHOEll'lllAL, H.D. BEDFOED KEKOB.IAL HOSPITAL DR. ZELLEII. D802-160360 67 a a 2 - C 0:1. - _,I J,., ~", COMMONWEALTH OF PENNSYLVANIA . COUNTYOFCUMBERL~'iD EMILY J. REED VS File No. 2000-2528 BURLINGTON MOTOR CARRIERS, INC. & RONALD STEVEY SUBPOENA TO PRODUCE DO<:tJMEI.-rs OR THI~GS FO R DISCOVERY PURSU A..l\ -r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. VANCE POTTER (N.amc o( Penon or ::Suey) .....ithin ......~. 1::0) days Uter s.rvic. of this subpoena, you Ole ordered by the CDIIrt to produc. the following docum.nts or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800. PHlLA.,PA 19103 (Addresl) You nia~' dejj\'" or maill.gible copies of the docum.nts or produce thitlp requested by thi. subpoena. log.ther with lh. c."ific"e ai compliance. to th. potty mWdng this request at the a4c1n:ss 1iste4 above. You !\a.... the tight.o ...1<. ,n od\"lnce. the ,usonabl. cost of preparing the copi.. or producing th. things _gilt. If you fail to f.oduc! the documents or things require4 by this sub~ witl-Jn twenty (::0) c!a~'s Uter its .e"''',. In! pony .e,,'ing lilis subpoena may seek a court order compelling you to comply with i"_ THIS Sl..llPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSO!':: NAME: MATTHEW L.OWEN~. ESO. ADDRESS: 4200 CRUMS MILL RD. . STE B HARRISBURG. PA 17110 TELEPHONE: 21 ~-246-0qOO S1,;PREME COlJRT 10 I#: AITOR.~E'{ FOR: DEFENDANT DATE: ~J(~ Ly ? ::J..S .In.1 { , "- Seal of the Court ':.ff 7/9~ ~ I ~i.,. EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: VANCE POTTER, M.D. 420 S. RICHARD ST. BEDFORD" PA 15522 RE: 67882 EMILY J. REED Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : EMILY J. REED 1531 CORLEY RD., MANNS CHOICE" PA 15550 Social Security #: 179-32-8127 Date of Birth: 07-09-1939 SUlO-319994 67 B B 2. - L 0 l , ~ J", ,; ^,.' , 'l: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS,ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/21/2001 MATTHEW L. OWENS,ESQUIRE Attorney for DEFENDANT DEll-273929 67882-L02 CO~ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL NOTICB OF IlftBNT TO SBRVE A SUBPOBNA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERY PURSUAN'.r TO RULE 4009.21 ( Rote: see enclosed list of locations ] TO: KlUSTIlf BARASIClt, ESQUIllE HCS on behalf of MATTIIEW L. OWEIIS,ESQUlRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your'erpense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 07/30/2001 HCS on behalf of MATTIIEW L. DWEllS, ESQUIRE Attorney for DEFERDAlIT CC: MATTIIEW L. OWEIIS,ESQUIllE -.02710-00115 Any questions regarding this matter, contact THE HCS GROUP IlfC. 1601 MARKET STREET #800 PIlILADELPBIA, PA 19103 (215) 246-0900 DE02-160360 6788Z-CO:J... " >>> LOCArIOR LIST <<< RECORDS REQUESTED H1mICAL H1mtCAL H1mICAL H1mICAL H1mICAL H1mICAL H1mICAL H1mICAL H1mICAL I' ',l; PAGE: 1 LOCATIOR RAHE VARCE POTTEII., M.D. KATIIBUIIE C. ERLICBMAR, M.D. ROBEJl.T E. BUDD, M.D. CAHLISLE HOSPITAL GREGORY A. BAIIKS,MD. HELSOR GOELIlBRZlJ, M.D. IlERER.Y SHOEHTIIAL, M.D. BEDFORD MEMORIAL HOSPI'l'AL DR. ZELLER. DE02-160360 67 a a 2 - C 0 1 , n, ,', < - ",,~,J 1, COMMONVVEAL TH OF PENNSYLVANIA . COUNTY OF CUMBERL~'-:D EMILY J. REED VS FileNo. 2000-2528 BURLINGTON MOTOR CARRIERS, INC. & RONALD STEVEY SUBPOENA TO PRODUCE DOCUM~"TS OR nU:-.lGS FOR DISCOVERY PURSUA.1'I;"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. KATHERINE C. ERLICHMAN (Name of Person or Efttiry) Within rwe~'I::O) days Uter service of rltis subpoeno. you ore ordered by the court to produce rhe following documents or 'hings: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103 (Ad_'1 You may dein'" or moil legible copies of the documents or produce thinp requested by tltis subpoen.. toge.ner witn ,ne C!rtifica,e of compliance. ,a the puty aWdng this request at the address listed above. You 1uI... the rign. to ,..i<. In ad""nce. the ",..onable cost of preplringthe copies or producing the things _!ilL If you fail '0 ?,"oduce the documents or tltinp l'equired by tltis subpoena. wit....in twenty (20) da~'s af,or its ,ol'\'"e. rno party .el'\'ing this ,u~poena may seek a court order compelling you to comply w;th i'_ THIS St"BPOENA WAS ISSUED AT TIlE REQUEST OF THE FOLLOWING PERS01': SAMe MATTHEW L.OWENS. ESO.. ...DDRESS: 4200 CRUMS MILL RD., STE B HARRISBURG, PA 17110 TEtEPHOSE: 21 r;-246-0QOO Sl,;PREME COURT 10 It: AITOR.'\EY FOR: DEFENDANT DATE: * t L.{ J.\"" .:JCY,( I · , BY~;%R;:K ~ I'!olhanotaryJCIerk. Civ' . ",.. .4/1-,. ~ P 7:!J>A hi, r-- '-- Seal of the Court ~:f 7/9:1 IJ L..,_ , Li EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KATHERINE C. ERLICHMAN, M.D. R.D. #1 P.O. BOX 78A PENNWOOD LANE EVERETI" PA 15537 RE: 67882 EMILY J. REED Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: EMILY J. REED 1531 CORLEY RD., MANNS CHOICE" PA 15550 Social Security #: 179-32-8127 Date of Birth: 07-09-1939 SUIO-319996 67882-L02 ~ , ~N 'oi CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUA/!lT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS,ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/21/2001 MATTHEW L. OWENS, ESQUIRE Attorney for DEFENDANT DEll-273930 67882-L03 " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL NOTICB OF INTI!:N'l' TO SBRVE A SUBPOBNA TO PRODUCB DOCUllBN'l'S AND THINGS FOR DISCOVERY PURSUAN'r TO RULE 4009.21 [ Rote: see enclosed list of locations ] TO: KRISTIN BANASICK, ESQUIBE KCS on behalf of MATTIIEW L. OWENS,ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your' expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. n&TE: 07/30/2001 KCS on behalf of MATTIIEW L. OWENS, ESQUIRE Attorney for DEPENDANT CC: MATTIIEW L. OWENS, ESQUIBE - 02710-00115 Any questions regarding this matter, contact THE KCS GROUP DC. 1601 KARlET STREET #800 PHILADELPHIA, PA 19103 (215)246-0900 DE02-l60360 67 a a 2. - C O:l.. >>> LOCATIOR LIST <<< RECORDS REQUES'l'ED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL ~',I ',I i) PAGE: 1 LOCAUOR lWIB VAlICB POTrEll., M.D. KArJIER1BE C. BlLICBKAII, M.D. ROBERT E. BUDD, M.D. CAlILISLE HOSPITAL GIlEGOIlY A. BAIlXS,MD. I!lELSOR GUELBDZU, M.D. IIERE1lY SHOEllTllAL, M.D. BEDFORD MBM01lW. HOSPITAL DIl. ZELLEIl DE02-160360 67 a a 2 - C 0 1. COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERL~'iD , ',I I " El1ILY J. REED VS File No. 2000-2528 :BURLINGTON MOTOR CARRIERS, INC. & RONALD STEVEY SUBPOENA TO PRODUCE DOCUM~"'S OR THe'iGS FOR DISCOVERY PURSUA.I\.,. TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. ROBERT :BUDD (Same of Pft'Son or Entiry) Within rwe:::y (:!O) days ofter service of this subpoeno. you :are ordered by the court to produce the following documents or things: SEE ATTACHED 01 MCS GROUP INC., 1601 MARKET ST., 1/800, PHlLA. ,PA 19103 (Addressl You may dein'" or moil legible copies of the documents or produce things reqaested by this subpoen.. toge.her with .he ,.rtificate of ,omplionce. to the pony making this request at the address listed above. You have the right to .~I<. In ,do' anc.. Ih. :tOlonabl. cost of preparing the copies or producing the tNnp -!!ht. 1f you fail to ?"oduc. the documents or things requir.d by this subpoena. witJo.in twenty (20) cays aiter its ..".".. 'he party ,''''ing this ",;,poena may seek a cllUft order comp.lIing you to comply with ;0_ THIS St"BPOENA WAS ISSUED ATTIiE REQUEST OF THE FOLLOWING PERSO!'li: =,AME: MATTHEW L.OWENS. ESO. !\DDRESS: 4200 CRUMS MILL RD., STE B HARRISBURG, PA 17110 TELEPHOSE: 21 ~-246-0900 ,lJPREME COl.i"RT 10 ,: AITOR.'\E'I" FOR: DEFENDANT DATE: Ju L ;J.~ ~/Y),I ( PrarhCllnotar)'lC' "I CiVil... Ao,,- 0 r ~nA4yr--- '-- Seal of the Court ::~t ;,'97l EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT E. BUDD, M.D. 501 HOWARD AVEUE ALTOONA, PA 16601 RE: 67882 EMILY J. REED Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: EMILY J. REED 1531 CORLEY RD., MANNS CHOICE" PA 15550 Social Security #: 179-32-8127 Date of Birth: 07-09-1939 SUI0-319998 6788Z-L03 I CEll.TIFICATE PREREQUISITE TO SEll.VICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -vs- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS,ESQUlRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/21/2001 MATTHEW L. OWENS, ESQUIRE Attorney for DEFENDANT DEll-273931 67BB2-L04 , , '" " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL NOTICE OF IN'rENT TO SERVE A SUBPOEltA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Hote: see enclosed list of locations ) TO: KRISTIlf IlAHASICK, ESQUIRE HCS on behalf of MAT'l'BEV L. OWENS,ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You bave twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your'erpense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 07/30/2001 HCS on behalf of MATTHEW L. OllEllS,ESQUIRE Attomey for I>EPEIlDAH'l' CC: MATTHEW L. OllEllS, ESQUIRE - 02710-00115 Any questions regarding this matter, contact TIIB KCS GROUP IlfC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l60360 6788Z-C01 >>> LOCA!IO. LIS! <<< RECORDS REQUESrED PAGB: 1 LOCATIO. RAMB MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL VARCB PO'n'BB., H.D. KA'lIIEIlDlB C. BRLICBKAR, H.D. ROBn! B. BUDD, H.D. CAlILISLB BOSPIrAL GUGORY A. IWlKS,MD. llBLSO. GUBLBBRZU, H.D. BBlIBIlY SIIOBll'lllAL, H.D. BEDFORD MBKOIlIAL BOSPIUL DR. ZELLBIl. DB02-160360 67aa2-CO~ ,'. I,"J ..',- ,..;;...: COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERL~'-:D EMILY J. REED VS File No. 2000-2528 BURLINGTON MOTOR CARRIERS. INC. & RONALD STEVEY SUBPOENA TO PRODUCE DOCUMe.-rs OR THI:-.lGS FOR DISCOVERY PURSUA.l\-r TO RULE 4009.21 CUSTODIAN OF RECORDS FOR: CARLISLE GENERAL HOSPITAL TO: (Name of Penon ot' Eftt:iry) .....ithin rwe~' (:llll <lays after se....ice of tttis ,,,bpocn&, yo" are ordcrecl. by U\t! court to produce the follow;ng <Iotuments or 'hings:' SEE ATTACHED .t MCS GROUP INC., 1601 MARKET ST.. #800. PHlLA..PA 19103 (Addres.' Yo" may dein'" or mail legible copies of the doc"ments or prod"ce tNnss requested by tttis subpocna. 'age. her wi.h 'he certificate ai camplianc.. to the party maJc.ing this req"est at the acl<lreu listed above. You han the right to ,...1<. .n adnnce. tho ,usonable cost of preparing the copies or producing the things sought. If yo" fail ro "ad"co the doc"ment. or tttings req"ir.d by tttis ."bpoe..... witl-.in tw.nty (:lll) days after its '''''''0. the ~Uty ,e,,'ing ,hi. St,=poena may seek a court ord.. compelling you to comply with i-_ THIS SL"BPOENA WAS ISSUED AT THE REQUEST OFl'HE FOLLOWING PERSO!'i: NAME: MATTHEW L.OWENS. ESO. ADDRESS: 4200 CRUMS MILL RD.. STE B HARRISBURG. PA 17110 TELEPHONE: 21 ;-246-0900 Sl,;PRE.."\{E C01.",cr 10 It: ATTOR."E"f FOR: DEFENDANT DATE: ~tJy ::J.~. ;:)(,::'61 , r Seal of the Court :.~f ;/9:1 EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, P A 17013 RE: 67882 EMILY J. REED Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: EMILY J. REED 1531 CORLEY RD., MANNS CHOICE" PA 15550 Social Security #: 179.32.8127 Date of Birth: 07-09-1939 SU10-320000 67882-L04 '! CEll.TIFICATE PREllEQUISITE TO SEll.VICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COUI{T OF COMMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS,ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/21/2001 MATTHEW L. OWENS,ESQUIRE Attorney for DEFENDANT DEll-273932 67BB2-LOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COHMON PLEAS EMILY J. REED TERM, -VS- CASE NO, 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL NO'l'ICE OP IN'.rBR'l TO SERVE A SUBPOENA TO PRODUCE DOCUMER'.rS AND THINGS POR DISCOVERY PURSUAN'r TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KRISTIN BANASICK, ESQUIRE KCS on behalf of MATTHEW L. OWENS,ESQUIllE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fram the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your' expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. DATE: 07/30/2001 KCS on behalf of MAftIIEV L. OWENS,ESQUIllE Attomey for DEPEBDAR'f CC: MATTHEW L. OWENS,ESQUIRE - 02710-00115 Any questions regarding this matter, contact THE MCS GROUP INe. 1601 MARlET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-160360 67BB2-C01 >>> LOCATIOR LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL PAGE: 1 LOCATIOR lIAMB VARCB POTTER, M.D. ltATIIBIlIRE C. B1lLICllMAR, M.D. ROBERT E. BUDD, M.D. CARLISLE HOSPITAL GIlEGOIlY A. IWlKS,KD. RELSOR GUELBDZU, M.D. llEtlERy SHODTIIAL, M.D. BEDFORD KJlKOIUAL HOSPITAL DR. ZELLEIl DE02-160360 67 a a 2 - C 0 1 -, ~, " . ...i! ~ VS File :-<0. 2000-2528 ~ ;' ; I I I I i I I I I , , I I I I I I I , I I " i I ~ I 1 I ~ I: I 1 1 1 I , ~ I i I , COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERL-\..".:o EMILY J. REED BURLINGTON MOTOR CARRIERS, INC. & RONALD STEVEY SUBPOENA TO PRODUCE DOC"tJMTh-rS OR THI::--IGS FOR DISCOVERYPURSUA.,,-rTO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. GREGORY HANKS (NAme of Penon or =t:iryt Within rwo"'Y (:01 days alter sen.;te of this subpoena. you are ordert!d by the (Durt to produte the folIowins dotumonts 0' .hings: SEE. ATTACHED a' MCS GROUP INC., 1601 MARKET ST., #800, FHlLA.,FA 19103 lAd_I' You may deih-er or m&illegible topies of tile doeuments or pr<lduce tl\iftp Nq"ested by this subpoena. losotho, with ,ho ,ortifiutt a! ,omplimn. to the party aWdng this requeSlat the adclreu Usted above. You h...e tho ,iSh. to ,...k. In aduMe. tho :usonablo cost of preparing tile copies or produ,;ng the things _gilt. l! you fail '0 ?:oduco the doeumentl or things required by this subpoena. witt-.irt twenty (:0) <ia~'s aftor i" '0"'''0. tho patTy ,o,,'ing this ",.poena may seek a tcurt order compelling you to tomply with i"_ THIS St"BPOENA WAS ISSUED AT THE REQUEST OF1liE FOLLOWING PERSOl': SAME: MATTHF.W L.OWENS. ESO. ADDRESS: 4200 CRUMS MlLL RD., STE B HARRISBURG, FA 17110 TELEPHOSE: 215-246-0'l00 St;PREME COlJRT ID f: AITOR.\;E'HOR: DEFENDANT DATE: .....)u { \ r -::J.<::' :::L rY> I ( , Seal of the Court :.:: 7'g-:; "k, EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GREGORY A. HANKS,MD. 875 POPLAR CHURCH RD. SUITE 300 CAMP HILL, P A 17011 RE: 67882 EMILY J. REED Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : EMILY J. REED 1531 CORLEY RD., MANNS CHOICE" PA 15550 Social Security #: 179-32-8127 Date of Birth: 07-09-1939 5UlO-320002 6788:Z - LOS CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUAllT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS , ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/21/2001 MATTHEW L. OWENS, ESQUIRE Attorney for DEFENDANT DEll-273933 6788Z-L06 - r.! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -vs- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KRISTIN IlAHA5ICK, ESQUIRE MCS on behalf of MATTHEW L. OWEIIS,ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/30/2001 MCS on behalf of MATTHEW L. DWEllS ,ESQUIRE Attorney for DEPEIlIlAlIT CC: MATTHEW L. OWEIIS,ESQUIRE - 02110-00115 Any questions regarding this matter, contact THE MCS GROUP me. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-l60360 67882-C01 ,~~~ I, 'j 1 I I j >>> LOCATIOll LIST <<< PAGE: 1 LOCAl'IOll lIAHB RECORDS REQUES1'ED HBDICAL HBDICAL HBDICAL HBDICAL HBDICAL HBDICAL HBDICAL HBDICAL HBDICAL VAIICB POT1'EB., M.D. D.TJiRRTIIK C. DLICBMAII, M.D. llOBEll.T E. BUDD, M.D. CARLISLE BOSPl1'AL GREGORY A. IWIKS,MD. lIELSOll GUELBDZlJ, M.D. IlDERY SBOElmlAL, M.D. BEDFOED KBM01lIAL BOSPl1'AL DR. ZELLER DE02-160360 67 a a 2 - C 0:1- ", - , "- ~- ., , lj; COMMONWEALTH OF PENNSYt VANIA . COUNTY OF CUMBERL~'iD EMILY J. REED VS FileNo. 2000-2528 BURLINGTON MOTOR CARRIERS, INC. Ii. RONALD STEVEY SUBPOENA TO PRODUCE DOCUMe.,.s OR THl~GS FOR DISCOVERY PURSUA."" TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: NELSON GUELBENZU, M.D. (N.ame of P~non or :adry) Within ",,'e"'Y I:!O) d.ys ofter se,,'ice of litis subpoena. you ..e ord....ed by the C'01Irt 10 produce Ihe following documents or 'hings: SEE ATTACHED .1 MCS GROUP INC., 1601 MARKET ST., #800. PHILA.,PA 19103 (Add,..., You m.y deii,..r or m.Ulegible copies of Ihe documenll or produce lhinp reqaesled by litis subpoen.. logether wllh lhe certific.te of compliance. to Ihe party mak.ing Ihis requesl.t Ihe .ddress lUted above. You ha\'e Ihe righllo SHi<. In .dunce. the ,uson.ble COSI of preparing Ihe copies or producing Ihe tlUnp _gilt. If you foil to ?,oduce the documents or tltings required by tltis subpoena. wifr.u. twenty (:!O) cl.~'s ofter its se"',ce, the party se,,'ing this su~poen. m.y seek. court order compelling you to comply with i-_ THIS SL"SPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSOr-;: ~AME: MATTHEW L.OWENS. ESO. ADDRESS: 4200 CRUMS MILL RD.. STE B HARRISBURG, PA 17110 TELEPHONE: 71o;-246-0'lOO StlPREME COlJRT 10 ,: ATIOR."E's" FOR: DEFENDANT DATE: Jul~, :::J. S .::lnD/ ( I B~~U~~~ PNthDllo~JC . vii Diy..... L2~" _ 2. ~J7~ r- OeJNty <:... Sui of the Court ~:f ;'/97') ~~ ,-- -'~',"i EXPlANATION OF REQUIRED RECORDS " ; ~ '; Ii r" " " TO: CUSTODIAN OF RECORDS FOR: NELSON GUELBENZU, M.D. R.D. #1 ALUM BANK" PA 15521 RE: 67882 EMILY J. REED i'I lJ l'i ~i i_' n )j ~ j (; rj 'ij :1 i,1 )-1 :j q , Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. I Ii Dates Requested: up to and including the present. Subject: EMILY J. REED 1531 CORLEY RD., MANNS CHOICE" PA 15550 Social Security #: 179-32.8127 Date of Birth: 07-09-1939 I' II H ~j :) :j rJ H !i 11 lj :1 :.'1 :i d :: ,) i~ , ! SUlO-320004 67882-L06 .. , 0'0 ,., "",! CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS , ESQUIRE certifies that I I j ['J 1 (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/21/2001 MATTHEW L. OWENS,ESQUIRE Attorney for DEFENDANT DEl1-273934 67882-L07 '-. "", t' t: i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND " ~ EMILY J. REED TERM, " ',I I ij H r,~ ~] H :1 ,\.I ~1 'u " " l'i ",! fl ;j tj ,~J " ~i ii Ii 'I i1 ":I (J ;1 81 II !i Ii [! t"! i'1 fl (i I' II i' " , \: jj " " I' I: IN THE MATTER OF: COURT OF COMMON PLEAS -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL NOTICE OF IN'rENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KRISTIN BANASIClt, ESQUIRE MCS on behalf of MATTHEW L. OWEIIS,ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. COIIIplete copies of any reproduced records may be ordered at your'expense by completing the attached counsel card and returning ssme to MCS or by contacting our local MCS office. DATE: 07/30/2001 MCS on behalf of MATTHEW L. OWERS,ESQUIRE Attorney for DEPENDAlIT CC: MATTHEW L. OWERS, ESQUIRE - 02710-0011.5 Any questions regarding this matter, contact TIlE MCS GROUP DlC. 1601 MAllXET STREE'l' #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-160360 6788Z-C01 >>> LOCATIO. LIST <<< RECORDS REQUESTRD MEDICAL MEDICAl. MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL , ~ ,- I......"""'" PAGE: LOCATIO. RAKE VAlleE POTTER. M.D. 1tA'l'BEJlIRB C. ERLICIIlWt. M.D. ROBERT B. BUDD. M.D. CARLISLE HOSPI'lAL GREGORY A. IIARltS.MD. HBLSO. GUELBDZU. M.D. HDBRY SHOD'lHAL. M.D. BEDFORD MEMORIAL BOSPI'lAL DR. ZELLER " " tU 1 I I, I: f1 Ii Ii t'1 ~) I: I' I: L'l ; ~ i ,', ~ : (j ~j (j' ;; Ii Ii , I'! i , 11 n ," DB02-160360 67BB2.-COl W\ COMMONWEALTH OF PENNSYLVANIA - COUNTY OF CUMBERLA..'iD EMILY J. REED VS FileNo. 2000-2528 BURLINGTON MOTOR CARRIERS, INC. & RONALD STEVEY SUBPOENA TO PRODUCE DOCUME.'.'TS OR THI~GS FOR DISCOVERY PURSUA."'T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DR. HENRY SHOENTHAL (S.me o( P~non or =.ciryt I, 'I I II I, , I I , [ Wi,hin ""-.~- (10) days oiler service of this subpoe.... you Ole ordered ill' the COW1to produce the fallowing dacum.nts or 'hings: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Addnsl. You may dein-., or m~llegible copi.. of the documents or produce t/tinsl req....ted by this subpoena. together with the <ertifiwe of ramplionce.to the pany making this requ..tat the address listed above. You hue the right to ,..I<. In adnnce. the ",asonable cost of preparing the copin or producing the things IOUght. ~AME: MATTHEW L.OWENS. ESO. 4200 CRUMS M~LL RD., STE B _..DDRESS: HARRISBURG, PA 17110 TELEPHOSE: 21 ~-246-0900 SCPRE.,\fE COURT 10 It: AITOR.'\O' FOR: DEFENDANT I 11 " ~ :1 j Ii ~ 1 I I I I I Ii you fail to ?"oduc.the documents or things required by this sub~ wit!-oin twenty (10) da~'s oiler its ,."..... th. pury se"'ing this su:.po.na may seek a court order compelling you to comply with i"_ THIS St"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSO!'\: BY v,alo. DATE:. JI.I!U ;J.e:;- ;)fY)f - ( , , Seal of the Court :.:f 7/'J:J EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HENERY SHOENTHAL, M.D. 4186 CORTIAND DR. NEW PARIS" PA 15554 RE: 67882 EMILY J, REED Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment, Dates Requested: up to and including the present. Subject: EMILY J. REED 1531 CORLEY RD., MANNS CHOICE" PA 15550 Social Security #: 179-32-8127 Date of Birth: 07-09-1939 SU10-320006 -., '1i , II 1-1 II H f-j !1 II Ii " i1 'I 11 II !I ':I II 11 I' II II II j1 1i i_l Ii ,I Ii r1 II 1-1 ,I 67BBZ-L07 - .", ""'~' _~ c ~ ~;-, CERUFICATE PREREQUISITE TO SERVICE OF A SUBPODA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -vs- CASE NO: 2000-2528 BURLINGTON MOTOR CARlUERS, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW L. OWENS,ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/21/2001 MATTHEW L. OWENS, ESQUIRE Attorney for DEFENDANT DEll-273935 67BBZ-LOB l~ _, '" "~I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -vs- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL NOTICE OF IN'.rBNT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KRISTIN BANASICK, ESQUIRE HCS on behalf of MAT'lBEW L. OwnS,ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your'expense by completing the attached counsel card and returning s_ to HCS or by contacting our local HCS office. DATE: 07/30/2001 [' /; ,1 !{ ii I, " ii Ii " [1 t , F HCS on behalf of KAT'lBEW L. OwnS,BSQUIRE Attorney for DEFEIIDAN'l' CC: KAT'lBEW L. owns, BSQUIRB 02710-00115 Any questions regarding this matter, contact TIlE HCS GROUP INC. 1601 MAllXET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DB02-160360 67BBZ-COl >>> LOCATIO. LIST <<< RECORDS REQUESTRD MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL . J; PAGB: " (1 t! 1 LOCA'lIO. RAKE lj , f1 VAIICE FOT'lEB., M.D. ItATRRRTIIK C. ERLIC1IMAII, M.D. ROBERT B. BUDD, M.D. CARLISLE HOSPITAL GREGORY A. IIARltS,MD. HBLSO. GUELBDZU, M.D. HDBRY SHOD'lHAL, M.D. BEDFORD MEMORIAL HOSPITAL DR. ZELLER b !j I" iJ " f: I' I: r DB02-160360 67 B B 2. - C 0 1 " ,-, - rf COMMONWE~LTH OF PENNSYLV ANIA COUNTY OF CUMBERL~'iD l' 'i' VS FileNo. 2000-2528 " ii, I" I'.: f~ Ii li~ I, I' EMILY J. REED BURLINGTON MOTOR CARRIERS, INC. & RONALD STEVEY {S.m.o( P~non or =dlYt iii [i I; ~f ''<I' '1 t\ SUBPOENA TO PRODUCE DOCUME.'.'TS OR THI~GS FOR DISCOVERY PURSUA."'T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: BEDFORD MEMORIAL HOSPITAL Within lWe~' (10) days oiler service of this subpoena. you Ole ordered iIl'the C'DUn to produce th. following documents or things: SEE ATTACHED r ,," tt Ii ~\ il: ~i , i m: I~ I I al MCS GROUP INC., 1601 MARKET ST., 1/800, PHILA. ,PA 19103 I Addnslt you may dein'" or m~llegible copi.. of the documents or produce t/tinsl req....ted by this subpoena. together with the <.rtificate of rompli.".., to the party making this request at the address listed abov.. You !Ian the right to ,..I<. In adunce. the ",asonable cost of preparing the copies or producing the things sought. If you fail to ?"oduce the documents or things required by this sub~ witi-oin twenty (10) da~'s oiler its 'e"'.... the pury ,,"'ing this su:.poena may seek a court order compelling you to comply with i"_ ~ it I; I' r i I' I:; ~: THIS St"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSOS: SAME: MATTHEW L.OWENS,. ESO. ,..DDRES5: 4200 CRUMS MILL RD. , HARRISBURG. PA. 17110 TELEPHO:\E: 21 ~-246-0900 St:PREME COURT 10 ,: AITOR.'\O' FOR: DEFENDANT STE B DATE: J/~ " ( ..:J., -1r~1 I BY1f: C~UR:j2 ~ 8~..J Proth_owilO 'I Diy".... V~o p~~, r- ee,ury <.... Seal of the Court ~:f :"/9:"'\ - < itLj EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BEDFORD MEMORIAL HOSPITAL 10455 LINCOLN HIGHWAY EVERETI" PA 15537 RE: 67882 EMILY J, REED Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject: EMILY J. REED 1531 CORLEY RD., MANNS CHOICE" PA 15550 Social Security #: 179.32.8127 Date of Birth: 07-09-1939 SUlO-32000B 67 B B 2. - LOB CERTIFICA'lB PREB.BQUISI'lB TO SERVICE OP A SUBPOENA PURSUAII'l TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EMILY J. REED TERM, -VS- CASE NO: 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of MATTHEW L. OWENS , ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/21/2001 MATTHEW L. OWENS, ESQUIRE Attorney for DEFENDANT DEll-273936 678 B 2. - L 0 9 .' 'I. I: il r il II H '.1 i'l j' I -,-, - " ~ ..- l./ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EMIL Y J. REED TERM, -VS- CASE NO. 2000-2528 BURLINGTON MOTOR CARRIERS, INC., ET AL NOTICE OF IN'rENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: KRIST1I!J BANASICK, ESQUIRE KCS on behalf of MATTHEW L. OWENS , ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local KCS office. l.i f.;' !; !;' ~\ DATE: 07/30/2001 MCS on behalf of MATTHEW L. OWElIIS. ESQUIRE Attorney for DEFENDANT CC: MATTHEW L. OWENS,ESQUIRE - 02710-00115 Any questions regarding this matter, contact TIlE KCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-160360 67 B B 2. - C 0 1 >>> LOCATION LIST <<< RECORDS REQUESTED MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MlIDICAL MEDICAL _"H " ~ '\'[ PAGE: 1 LOCATION RAKE VAIICE POTTER, M.D. ItATllBRIRE C. BRLICI1MAR, M.D. ROBER! E. BUDD, M.D. CARLISLE HOSPITAL GREGORY A. BAllKS,MD. BELSON GUELBERZU, M.D. HDBRY SHOD'lBAL, M.D. BEDFORD MEMORIAL HOSPITAL DR. ZELLER DE02-160360 67 B B 2. - C 0 1 COMMONWEt'L TH OF PENNSYLVANIA - COUNTY OF CUMBERLA..'iD .'i i r: I I i , I ! EMILY J. REED VS File No. 2000-2528 BURLINGTON MOTOR CARRIERS, INC. & RONALD STEVEY 'r i" i SUBPOENA TO PRODUCE DOCUME.'.'TS OR THI~Gs FOR DISCOVERY PURSUA."'T TO RULE 4009.22 i,: I.; [-' I'i I I, ," : TO: CUSTODIAN OF RECORDS FOR: DR. ZELLER . " (N.me of Penon or Ezs:iry) I :-) Within rwe~. (20) days after service of this subpoena. you are ordered by the court to produce the following docu.ments or things: SEE ATTACHED j'" ~,'; i: , I " at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Addnslt ii~ You may deliv.. or mail legible copi.. of the documents or produce t/tinsl req....ted by this subpoena. together with the rertificate of rampliance.to the pany making this request at the address listed above. You ha... the right to ,..I<. In advance. the ",asonable cost of preparing the copies or producing the things sought. I I I , I [ If vau fail to ?"oduce the documents or things required by this subpoeN, wit....,in twenty (10) days after its se"''''. the pury serving titis su:.poena may seek a court order compelling you to comply with i"_ " , ! THIS sL"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERsOf'i: I:: I. P ~AME: MATTHEW L.OWENS. ESO. ADDRESS: 4200 CRUMS MILL RD., STE B HARRISBURG, PA 17110 TELEPHO~E: 21 ~-246-0900 SliPREME COlJRT 10 1/: ....Tl'OR.'\O' FOR: DEFENDANT DATE: ___tL ( .;;. \' ..:lrYJ f , ~~~,~-- 4r.v. f( P 72:A-Af,r '-- Seal of the Court '~ff 7/97) " .. 1i~I"i' , EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR,ZELLER MILE LEVEL BEDFORD" PA 15522 RE: 67882 EMILY J, REED i , I I ,. , i , I r.c 1 ~ ; I 1.;' 1: Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or lreatment. Dates Requested: up to and including the present. Subject: EMILY J. REED 1531 CORLEY RD., MANNS CHOICE" PA 15550 Social Security #: 179.32.8127 Date of Birth: 07.09.1939 , L, II ;.<I Ii I" ,1 ., I i Ii i,: Hi !;i ;,1 I', I'; ':! 1'! ., U II ii d i "i SUlO-320010 678 B 2. - L 0 9 ') , t!l." r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY J. REED, CIVIL DNISION Plaintiff NO. 2000-2528 v. BURLINGTON MOTOR CARRIERS, INC., and RONALD STEVEY, Defendants NOTICE OF BANKRUPTCY FILING AND OF STAY AND NOW, comes Defendant Burlington Motor Carriers, Inc., by its attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, and sets forth the following Notice of Bankruptcy Filing and Notice of Stay, and avers as follows: 1. The instant action is currently pending before the Honorable Court of the Common Pleas of Cumberland County, 2. On July 9, 2001, the Defendant, Burlington Motor Carriers, Inc" filed a Voluntary Petition for Relief under Chapter II of Title II of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Indiana, Indianapolis Division, Attached is a copy of said Voluntary Petition, 3, Also at that time, a Notice of Bankruptcy was filed pursuant to the Bankruptcy Rules by Burlington Motor Carriers' counsel. Attached hereto is a true and correct copy of the Notice of Bankruptcy, 4, Pursuant to 11 U.S,C, 9362 (a), the filing of said Petition for Relief operates as an automatic stay to the instant action until either Burlington is discharged from the bankruptcy or a party involved in the instant litigation obtains relief from the automatic stay provisions of the code. 5. At the present time, neither ofthese two situations have occurred, WHEREFORE, Defendant Burlington Motor Carriers, Inc, advises this Honorable Court of the filing ofthe Voluntary Petition and the Notice of Stay, Respectfully submitted, HEY, WARNER, GGIN BY: Matthew L. Owe , squire P A Attorney LD, No, 76080 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3501 Attorneys for the Defendants Burlington Motor Carriers, Inc, and Ronald Stevey DATE: 011-7 ( () I ~"" '.' \\;;,'OflicialForin 1} (9197) FORM BIUilitedStates Bankrri.ptcyCourt Southern Dislfict ofIn<liaDa . Name of Debtor (if individual, enter Last, First, Middle): . Burlington Motor Caniers Inc, AJI.Qther Names used by the Debtor in the last 6'years (lnclutle married, maiden, and trade names): Burfington Motor Carriers Logistics Spirit Logistics . Name of Joint Debtor (Spouse) (Las~ FirSt, Middle):. . All Other Names.used by the Joint Debtor in the last 6 years . (Include married, maiden, and trade names):' . - Soe, See,rrax 1.0. No. (if more than one, state all): 23-2865975 Street Address of Debtor (No, &: Street, City, State, &: Zip Code): 14611 W Commerce Rd, Daleville, In 47334 Soc. Secffax LD, Street Address of Joint Debtor (No, &: Street, City, State, & Zip Code): . AJ' . - . . . . . . '. ,- .. ' '. : . . - - . . , , '. . . County of Resideoce or of the Principal Place of Busfuess: Delaware County of Residence or'ofthe Principal Place.ofBusiness, . . MaiIilig Address'of Joint Deb Mailing Address of Debtor (If different from street address): Loc3tion of Principal Assets of Business Debtor (Jf diffetent froin slreet address above): ~ltf~."".. '._',,"~ Venue (Check any applicable box)' ...... .' . ..' .. Debtor has been domiciled or has had a residence. principal place of busineSs; or principal asSelli'in this District for 180 days inim.n;."ly preceding the date of tills petition or for a longer part of such 180 days than in any other DiStrict. . . There is a bai1lcruptcy cas. concerning debtor'" affiliate, general partner. orpartnetiiliip pending in this District. .' Type of Debtor (Check an boxes that apply) tJ IndivicJuaI(s) 0 . Rallroad . CorporatlonD' Sto~kbroirer . . (J Partnership (JConmiodityBroker (J Other Nature of Debts (Check on~ box) [} ConslimerlNon-Business . Business Chapter or SeciillnofBailkrtiptcy ClIde Under Which thePetitiOliisFlled(ciiecironebox) . '.' ' o ,Chapier 7 . Iii Chapter 11 . 0 chapter 13 o Chal>ier 9 . OChaptet 12 DSec,:ib4 - case aJicilfuIYio foreigilprOceeding .Fllliig Fee (Check one box) . l'nIi Filing Fee attached . 0, Filing Feeto be paid in Jnstallinents (APi'licablelll individuaJs.orily,J 'Must atllich sigiled application for the court's consideratiOIi:. . certifying that the debtor is unable to pay fee except in bista11menti;, RuJe JOO6(b), See Official FOIlD No, 3. ., . Chapter 11 Small Business (Check all boxes that apply) Cl Debtor is a small business as defined in II U,S,C. ~ 101 [} . Debtor is and ejects to be considered a sma11 business under Il U.S,C, ~ 1121(e)(Optional) StatisticailAdmin;....'J!ive Information (EStimates orily) . Debtor estimates thatfimds. will be available for.distribution to unsecured creditors, . o Debtor estimates that, after any exempt prOperty is eXcluded and administiative expenses paid, there will be no funds available for distribution to unsecured creditors, .. -. ~-.,:,~ Sstimated Assets $0 to $50,001 to SSO,OOO $100,000 o 0 $100,001 to $500,000 o $500,001 to $1 mUJlon Cl $1,000,001 to $10mllUon (J $10~DOO.001 to. $60 rrilIlon . Cl $Sa.OOO,OOIIO . $100 mlInon o Moretllan $1DOmilllon X .RELIAff{)RDER"tb. . :' ":,:.. . ~ i:~' -.... (/}. c::> 0'- L g '--- );0 GlQC-.\ a zoo ~'"T1~ r-j:>)>o C'?~---.;..fi1 "11%:"i. ,.. .r-;t>z2:C 1 0;11::.,.:)" m'o~- <.:D: r;n'-'. "'0- .. ~c:rri' :;:lC;zt.>.9 :-0 0"'-0 ~ I. . . _.%V; '3: ,~'""S . ., ")>0..". "-'~ !>>.. ;tt ..;:- <n r- ........ .~ --< ..' C? \..nn -f W "c;-t. C:>z Estimated Number of Creditors 1-15 o '....9 o . 5lJ.!l9 o too-te9 200-999. 10Q0.0ver [} Cl X lstimated Debts $0 to $50,001 to . $50,000 ~1 00,000 o 0 $1 00,001 to $500,000 [} $500iOO1 to _ $1 million Cl $1.000,001 to $10 million' [} $10,OOQ,OQ1lD .,$Somlmon o $50,000,00110 $100 mlUlon o .Morefl'lan '$100 million X EXHIBrr.J' FIll ""'-----.-...." -,-- , .-~ _,J-'- ....... ll. J ,~'.....-."' ,,~,_~._, ~ Name oWelitor(s):FO:QMB1; rage 2 " Bui/ingtori Motor Cariiers,lhc: ' , ij " 11 ! " I Ii " '11 ~ I t " ! Signature(s) ofDebtot(s) (IndlviilualfJoint) ", ' I declare undei penalty of pe1jnry that the information provided in this petition is true and cori'ecl '[If petitioner is an'individual whose delits are primarily eonsumer debts and has chosen to file under chapter 7) I am aWljre that I may proceed underchapter,7,II, 12, or 13 of title II, United States Code, understand the relief availalile under each such chapter, and choose to proceed under chapter 7, , ' ' ' ' I reqnest relief in accOrdance with the chapter of title 11, United States Code, specified in this petition, ' X Signature of DebtOr X' Signature.of Joint Delitor Signature ofI>ebtoi:' (CarjloratlonIPartnership) I declare under penalty OfpCIjnry that the ini'Onnaiion provided in thiS petition is true andeorrect, and that I have been authorized to fitethis petition rin liehalf of the delitor, The delitor requests relief in accorcbmce With the chajiter of tille 11, United Stilles Code s .. ed in this petition, ' Brian Gas! Printed Naine of AUthOrized IndiVidual Telephone Number(lfnot represented liy attorney)' St.-Vice President Title of Authorized Individual Date Signa~.iL,;." ~ Signature of Mome)' fQ~elitor(S) FRl/lelJlJ1ll~~'A~~~8i ~~~~t~ Ancel & Durilao.LlP, l'mnNlUDe " l~QMar~et smuaJ:te c~' nler, 1 N. De we tilree ' In .anapo tS; In lana 204 Address 'Date , 7 901 ' Signature oCNon-Attotney Petition Preparer , , I certify that I am a liatikruptcy petitiOilprepan;t as def!ned in 11 U,S,C, ~ 110, that I prepared this docUment for COiIlPensatiOll, and that I have provided the delillii with a copy of this do_ Printed Name of Bankruptcy Petition Preparer Social Security Number {:3171634-9052 Telephone Number Address' D~le, 7/9/01 ' ExhiliitA ('to lie compleied if debtor is required to file periodic reports (e,g,. forms lOK al1dl(JQ) with the Securities and Exchange Commission pursilant to 'Scction 13 or 15(d) of the Securities and Exchange Act of 1934 and is requestingreliefllnder chapter 11) " o Exbiliit A is att1lched andmade a jl:lrt of this petitiOn, &ibiiit B ' (To be cOInpleted if,delitoi: is aD individual ' , Date " ' , whose delitsare prjinarilyconsumer delits) , ' " ',' , ' , ' , , ,', , I, the attorney for thepetition,er named in the foregomgpetition, declar, e ~ ,bankruPtcy petition preparer's failure to complywith the provisi~DS of thtll I haveirifOrJIled the petitioner that [he or'shellDllY proceed under . title 11 and the Federal Rules of Bankmptcy Procedure may result m fines chapter 7,n, 12, or 13 ,Of title 11, United States Code, and have explained or imprisonment or both 11 U,S,c. ~ 110; 18 u,s,c. H56, ," ,tht,relief availalile under each such chapter, ' , Names and Social Security numliers of all other indiViduals Who, pteparea , nr assisted in preparing this document: - , ' , ' . .. . , , , , ' " , If more thim one Person prepared this documenl,attach llddiUonal sheets canfonning to the appropriate official form for each person, , , X Slgna,ture of Bankruptcy Petition Preparer ' X Signature of Attorney for Delitor(s) , Date UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION In re: ) ) . BURLINGTON MOTOR CARRIERS INC,. ) ) Debtors, ) ) Case No, 01-10409-AJM-11 R!:CtIVtD JUL 162_ NOTICE OF BANKRUPTCY Burlington Motor Carriers, Inc" by counsel, gives notice to its creditors of the following: 1, On July 9, 2001, a Voluntary Petition for relief under Chapter 11 of Title 11 of the United States Bankruptcy Code was filed on behalf of Burlington Motor Carriers, Inc, (the "Debtor") in the United States Bankruptcy Court for the Southern District of Indiana, Indianapolis Division, A copy of said Petition is attached hereto and incorporated herein by reference as Exhibit "A". 2, Pursuant to 11 U,S,C, 9362(a), the filing of said Petition operates as a stay, applicable to alf entities, prohibiting: "(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; (2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; (4) any act to create, perfect, or enforce any lien against property of the estate; (4) any act to create, perfect, or enforce any lien against property of the estate; .' (5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the . commencement of the case under this title; (6) any act to collect, assess or recover a claim against the debtor that arose before the commencement of the case under this title; (7) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor; and (8) * * *," i , I , I , , I I \ I I I I I [ I I. . 3, Pursuant to Section 362(a) a creditor is prohibited from taking action against property of the bankruptcy estate and from attempting to collect a pre- bankruptcy debt. If you require any further information in relation to the stay of all acts against the Debtor or property of the Debtor, you may contact counsel for the Debtor, Paul T, Deignan, Ancel & Dunlap, 1770 Market Square Center, 151 N. Delaware Street, Indianapolis, Indiana 46204; telephone (317) 634-9052, Respectfully submitted, ANCEL & DUNLAP, LLP By 7?~ &lfi. r ' Paul T, Deignan, 798-49 151 N. Delaware Street, Suite 1770 Indianapolis, Indiana 46204 (317) 634~9052 Attorneys for Burlington Motor Carriers, Inc., Debtor-In-Possession .ii!.Jd...._~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMILY J. REED, CIVIL ACTION - LAW Plaintiff NO, 2000-2528 v, JURY TRIAL DEMANDED BURLINGTON MOTOR CARRIERS, INC, and RONALD STEVEY, Defendants CERTIFICATE OF SERVICE I, Angela Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certifY that on this ~ ~ \- day of August, 2001, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Kristin M. Banasick, Esquire 321 South Richard Street Bedford, PA 15522 Angel~t~Set~ ~!~~i&A!tll!lI1il'!i~~~_li:"~"'L....li1Ill.!l~~">"--"'i-""'" >::- IT' Z' &: -< c:-.:C ~c:' >~~ ~ o C < ,_l .-'1, ;/) n, -'0 I UJ :1'") :..:; ~; "'.) 10 ----;;,--, C}ln :~ -< ~ -~. . - , .. - Ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA EMILY J. REED, Plaintiff, No. 2000-2528 Civil Term -vs- BURLINGTON MOTOR CARRIERS, INC. and RONALD L. STEVEY, Defendants. CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ACTION , I , · TO THE PROTHONOTARY: I Please mark this action discontinued as to the defendant (upon payment of your costs only). Date: "tf/M/d-3 Respectfully submitted, ~ Kristin M. Banasick, Esquire Attorney for Plaintiff 321 South Richard Street Bedford PA 15522 (814) 623-6850 Ph. (814) 623-6313 Fax Atty. ID #61691 J 1 .. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA EMILY J. REED, Plaintiff, No. 2000-2528 Civil Term -vs- BURLINGTON MOTOR CARRIERS, INC. and RONALD L. STEVEY, Defendants. CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certifY that I, Kristin M, Banasick, Esquire, served a true and correct copy of the foregoing Praecipe to Discontinue Action upon defendant's counsel, Stephen], Barcavage, Esquire, and insurance representative for GulffTravelers Insurance Companies, Ms, Catherine Gonzales, by the mailing the same to them, regular U.s, First-Class Mail, postage prepaid, at the following addresses: Stephen J. Barcavage, Esquire Marshall, Dennehy, Warner, Coleman & Goggin P,C. 4200 Crums Mill Rd Suite B Harrisburg, P A 17112 Ms. Catherine Gonzales Claims Department Gulf/Travelers Insurance Companies One Tower Square, 7SHS Hartford CT 06183-3267 Date: 'b / II J0.3 Respectfully submitted, /J Kristin M. Banasick, Esquire Attorney for Plaintiff 321 South Richard Street Bedford PA 15522 (814) 623-6850 Ph, (814) 623-6313 Fax Atty, ID #61691 ~11Iil:_tiJ.II ""'-~ .. ~~~,~, ~Ili'~ ~"=~ - ~--~ ,~ Id I"'..;....."~.;oi ~,~ ~ f..u;"C.'","'-'.; '''"'~_~l-_ ,~~_.. ~. .... ~?, .~ , ~ . , '"_~,",",b"w llI),'!lH:,l.JJa l o c s: ~H':': z-.c ~l~~: J.<:c )> (- 2C )>~; ~ '." C:. t." ~ (..~ -"-1 o -:-n N :.11 l"'" ,_,~Ti .. ~'f <() - :~, ,~, -'~~ -':-.o;rn ~, ......-.,; :D -<