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Home My WebLink About97-01936 , ~ ) ~ \: VJ ~ .::s \1: \II > ~ { ... ~ \ '" " t ~ - . ~ ,:) - d ..s (V) :J ~ . ~ ~ ~'tlf-':l>'~>-lf n i8mir ( , Q)..... ~. 1-" \0 Qrvrtu <: ~ .....~ -.J , 00 i: I ~'~t<~ >-l~g en ,<:1tI lD ~ ~.~~. ~ ill' ~ ~~f1 '" > 18 0\ lQ :l>' n ..... S lQ O\f-'H~' m 1-" ~ Ql ":l ~ It n .. 0('0. g 1-"1 Ql 1-" j Ullll en 0 P' ~.. ~ <: ~~i?:l>'5g, I;l i: f-' ",,' t:: H:;l . ~ i Ei' :;l ..... -.J en!!! n en 6 ~~5 ' 011 "'. '1' '~t::! a o "'!!! .. ~ ~~ r ~ . 12 :0 . SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1997-01936 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND REIDER HOWARD VS. FAULK HENRY C SR ET AL R, Thomas Kline . Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to witl FAULK HENRY C SR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK COUNTY to serve the within WRIT OF SUMMONS County, Pennsylvania. On May 21st. 1997 . this office was in receipt of YORK COUNTY County, Pennsylvania. the attached return from Sheriff's Costs: Docketing Out of County surchar8e YORK CO NTY 18.00 9.00 2.00 21. 24 60~.24 TIMOTHY SHOLLENBERGER OS/21/1997 So answers 1/ .' ~- . -/ / ;;Jr.'/-:; ".-~;:--:-/e/' _ f ~-;':':;f' II. Thomas Kline' Sheri:U Q'f' ~. ~pp,~ ~ ro ono ary I ! i I i , . I' i I Sworn and subscribed to before me this ) 1M- day of ~ 19 q1 A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1997-01936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REIDER HOWARD :.t.lf. VS. FAUI.K HENRY C SR ET AL R. Thomas Kline . Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: WASTE MANAGEMENT OF PENNSYLVANIA INC but was unable to locate deputized the sheriff of to serve the within WRIT Them in his bailiwick. He thvrefore PHILADELPHIA CO OF SUMMONS County, Pennsylvania. On May 21st, 1997 . this office was in receipt of PHILADELPHIA CO County, Pennsylvania. the attached return from Sheriff's Costs: Docketing Out of County Surcharge PHILADELPHIA CO 6.00 9.00 2.00 59.00 G76.00 TIMOTHY SHOLLENBERGER OS/21/1997 So answe. rs : ~ . . Y' ?fL,;// - '-- /~. ~. 4. .( ~r~..-:,;;; x:/.- c::. ~~ ~; Thomas Kline, er1f1 Sworn and subscribed to before me this J IA-r day of ~ 19 '11 A.D. LJ- L-L- Q. ~L ~ I Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania ~~-'-~ Howard Reider v~ Waste Management of Pennsylvania, Inc. No. 97-1936 Civil Terl19_ r';-~~~~ Sheriff of Cumberland Counly, Po. Now, Apr. 15 Philadelphia t9..22., I SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize Ihe SheriITof Counly to execute Ihls Writ, this deputation being mode at Ihe request and risk of the PlalntllT. Affidavit of Service Now, wlthlo upon at by handing 10 attested copy of Ihe original Ihe conlenls thereof. 19 ,at o'clock M, served Ihe o Irue and and mode known to 50 answers, SheriIT of Counly, Po. COSTS Sworn and subscribed before me Ihis day of 19_ SERVICE MILEAGE AHIDA VIT s s SHERIFF'S RETURN - SUMMONS/COMPLAINT 1t1L C~7-6 COMMON PLEAS NO, q 7 - / 9,3 t COUNTY COUnT VERSUS tfv) Ci u Ie.. //lc"'~J<JI-<-n l- e/v CI ~f1 TERM. 19 NO, FVL! J)..-.3 o Delendant ,S-en-<- Cj J (,-b{'!,~ l<:;l!' I SERVED AND MADE KNOWN TO .,pPelendant Company by honding a true and attested copy 01 the within Summons/Complaint, issued in the above captioned malter on __~i: ,;/...: ,~~19-LL ,at/O:c/Jo'clock, If-M.,E,S,T6;i1 at ~..J. s m,\ (}:.{, t .5 t , in the County 01 Philadelphia, State 01 Pennsylvania, to M-~~-1~(" ( J o (1) the aloresaid delendant, personally; o (2) an adult member olthe lamily ol said delendant, with whom said delendant resides, who stated that his/her relationship to said delendant is that 01 o (3) an adult person in charge 01 delendant's residence; the said adult person having relused, upon reo quest, to give his/her name and relationship to said delendant; o (4) the manoger/clerk olthe place 01 lodging in which said delendant resides; ~(5) agent or person lor the time being in charge 01 delendant's office or usual place 01 business. o (6) the "____ and ollicer 01 said delendant Company; "'-lu'R" 1\1 MID SUllSCTlftl't'l >;tn III . 4 $1 1W 1 ,.dll! elore m! t~!. -- -" --' So Answers, JOHN D. GREEN, Sheriff ,.. 'i3y:(}"''')iXk-VA.-~' /. 1I=y!Z- ~ l)f'I"I/YS~ - " Nolanal Seat Jadalla Ba,lor, Jr" Notary Publlo Philadolphla, Phlledolphls C~'l\roo My CommisSIon Expire. June , I) 111 (Il..~. 12,~l) MorIiD'.~ (') ''''':'') ", r' -.J '- . " I -,.... ,- '. S",:I ..: I :'1} r" - " :.) ';~ c., ~ 1'::-... .i,' r-~ , .-:'1 ;:J '. ) ,.' '" jl'll :Jl ! (~ ", I I I I I I ! ' i , I I I I i \ I f,.--, , , WHITE AND WILLIAMS BY: Michael J. Plevyak, Esquire Attorney 1.0. No. 25418 Attorneys for Defendants Suite 206 1500 Lancaster Avenue Paoli, PA 19301 (610) 251-0466 HOWARD REIDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HENRY C. FAULK, SR. and WASTE MANAGEMENT OF PENN- SYLVANIA, INC. NO. 97-1936 R U L E TO THE PLAINTIFF: You are Ruled to file a Complaint within twenty (20) days after service hereof, or jUdgment of non pros will be entered. Date:~ 5") /117 c?(at~ t )If~ Prothonotary . f1t:~~(J.. )Y~/#. , r '. , ~) ':'j , " I.:;. .. .. , , , " " " ,\ - I , .;-) " .' -~! "oj :.'} .' ", ~'t,... ". , HOWARD REIDER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 97-1936 HENRY C. FAULK, SR. and WASTE MANAGEMENT OF PENNSYLVANIA, INC. Defendants CIVIL ACTION LAW 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 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(s). 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. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 1 LAW OFFICES OF TI~lOmY A, SHOLLENBERGER 1810 L1NGlESTo.vN ROAD . PO, IlOX 60541 . HARRISBURG, PA 17106'()!4! 11111 m.llOO . FAX (111) m,811l HOWARD REIDER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA I r' v. NO. 97-1936 HENRY C. FAULK, SR. and WASTE MANAGEMENT OF PENNSYLVANIA, INC. Defendants CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita BUS defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. .- \< LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 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. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 \ 2 1 I' LAW OFFICES OF T1MOTIlY A, SHOllENBERGER 1610 LINGlESTOWN ROAn . ro,!\Ox 6014\ . HARRISBURG. P^ 11106'()141 1111IlH,17C\1 . FAX 11111114-H1Il '_~i~{. . ":.-':., ..~, : "i .',:.-:!- "",-,:..,".< HOWARD REIDER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 97-1936 HENRY C. FAULK, SR. and WASTE MANAGEMENT OF PENNSYLVANIA, INC. Defendants CIVIL ACTION LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, HOWARD REIDER, by and through his attorney, the LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, and does respectfully represent the following: 1. The Plaintiff, HOWARD REIDER, is an adult individual who currently resides at 34 Pheasant Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, HENRY C. FAULK, SR., is an adult individual whose last known address is 321 North George Street, York, York County, Pennsylvania 17404. 3. The Defendant, WASTE MANAGEMENT OF PENNSYLVANIA, INC. is a Pennsylvania corporation with a mailing address of 3329 Street Road, Ben Salem, Pennsylvania 19020 and has an agent for service at C.T. Corporation System, 1635 Market Street, Philadelphia, Philadelphia County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on August 19, 1995, at or about 4:20 a.m. on State Route 581 at its intersection with the Trindle Road exit ramp in Hampden Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, there were no adverse weather conditions. . .~..: ..~ ',~ 3 ~:~ Iy; '\1 " lAW OFfiCES Of T1Momv A, SHOLLENBERGER "10 lISlOlESTl'M'N ROAn . r.o!\Ox 60141 . HARRISBURG, rA 17106-0141 17111l14-l700 . FAX (llll lH,8112 6. At the aforesaid time and place, the Plaintiff, HOWARD REIDER, was the owner and operator of a 1985 Pontiac LE 6000. 7. At the aforesaid time and place, the Defendant, HENRY FAULK, SR. was acting as the agent, servant and/or employee or the Defendant, WASTE MANAGEMENT OF PENNSYLVANIA, INC, and was operating a 1990 International single unit straight truck within the course and scope of the agency and/or employment relationship with the Defendant, WASTE MANAGEMENT OF PENNSYLVANIA, INC. 8. At the aforesaid time and place, Plaintiff, HOWARD REIDER, was travelling East in the single traffic lane on State Route 581 in a construction zone, Hampden Township, Cumberland County, Pennsylvania. 9. At the aforesaid time and place, Defendant, HENRY FAULK, SR., was travelling East off of the 641 on ramp attempting to enter State Route 581 and failed to stop at a stop sign and struck the right passenger side of Plaintiff's vehicle causing both vehicles to be wedged between two concrete barriers and pushing Plaintiff's vehicle against a concrete barrier for 88 feet. 10. As a result of the aforesaid collision, Plaintiff, HOWARD REIDER'S body was jostled about inside his vehicle and he was pinned inside his vehicle between the concrete barrier and Defendant's truck for approximately forty-five minutes. 11. As a result of the aforesaid collision, Plaintiff HOWARD REIDER, has suffered serious and permanent injuries, including by not limited to the following: (a) Post traumatic stress disorder resulting in loss of sleep, fatigue, dizziness, elevated pulse rate, loss of appetite, depression, tension, anxiety and uncontrollable mood swings; (b) Left arm pain; 4 lAW l1HICf.S Of TIMOTlIV A, SlIllLLENIlERGER 1/'I]llllSl1lE.o.;T(N/N ROAn . Po. I\OX t>0H\ . IlARRISl\l1ItG, I'A 171("h.OH~ tiI7)!J.4.1iC\) . FAX17I7IHUi!ll (c) Severe shock to the nerves and nervous system; and, (d) Extreme mental and physical anguish. q t. COUNT I HOWARD REIDER v. HENRY C. FAULK, SR. & WASTE MANAGEMENT OF PENNSYLVANIA, INC. 12. Paragraphs 1 through 11 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 13. The aforesaid collision was a direct and proximate result of the negligence of Defendant, WASTE MANAGEMENT OF PENNSYLVANIA, INC., acting through its agent, servant and/or employee, HENRY C. FAULK, SR., and the direct and proximate result of the negligence of Defendant, HENRY C. FAULK, SR., individually, in operating the 1990 International single unit straight truck in a careless, reckless and negligent manner as follows: I, i (f) In failing to exercise the high degree of care required of a motorist travelling off an exit ramp and entering one-laned highway; (a) In failing to have his vehicle under proper and adequate control; (b) In failing to apply his brakes in time to avoid a collision; (c) In failing to observe Plaintiff's vehicle travelling East on State Route 581; (d) In failing to operate his vehicle in accordance with the existing traffic conditions and traffic controls; (el In permitting or allowing his vehicle to strike and collide with the right passenger side of the vehicle operated by the Plaintiff; (g) In failing to keep a reasonable lookout for other vehicles lawfully on the road; 5 LAW OfFICES OF TIMOTIIY A, SIIOLLENRERGER IH20 lIS0ll:srO\1/N ROAO . r.o. OOX WH~ . HARRISnURG. rA 171(\6.0545 IiI7) 1104.1700 . FAX (7111 !H.8212 (h) In failing to stop and/or yield at the stop sign located at the end of the 641 on ramp, in violation of 75 Pa. C.S.A. Section 3323 (b); and, (i) In otherwise operating said vehicle in a careless, reckless, and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 14. As a direct and proximate result of the aforesaid injuries, Plaintiff, HOWARD REIDER, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, HOWARD REIDER, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, HOWARD REIDER, had and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, HOWARD REIDER, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, HOWARD REIDER, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, HOWARD REIDER, has incurred or may hereinafter incur financial expenses and loss which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 20. As a further result of this collision, Plaintiff, HOWARD REIDER, has and may in the future incur reasonable and necessary medical and rehabilitative costs and expenses in excess in the amounts paid or payable pursuant to 6 lAW OFFICES OF TIMOTHY A, SHOLLENBERGER I'W I.INl1LF5TlllVN ROAIl . P.O. I10X 00545 . HARRISBURG, PA \1106-0515 IJIJllH,lJN . FAX IJIJI lJ4,8112 ,t~. :, - \< Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 21. Plaintiff, HOWARD REIDER, has selected the full tort option. A copy of his declaration page is attached hereto as Exhibit "A." WHEREFORE, Plaintiff, HOWARD REIDER, demands judgment against the Defendant, HENRY C. FAULK, SR. and WASTE MANAGEMENT OF PENNSYLVANIA, INC. for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II HOWARD REIDER v. WASTE MANAGEMENT OF PENNSYLVANIA. INC. 22. Paragraphs 1 through 21 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 23. At the aforesaid time and place, Defendant, HENRY C. FAULK, SR., was operating the 1990 International single unit straight truck with the expressed and/or implied permission of the Defendant, WASTE MANAGEMENT OF PENNSYLVANIA, INC. 24. Defendant, WASTE MANAGEMENT OF PENNSYLVANIA, INC. was negligent in that: a. It entrusted the use of the 1990 International single unit stra~ght truck to Defendant HENRY C. FAULK, SR., who it knew, or should have known, had a reputation for reckless and/or negligent driving; and, b. It entrusted said vehicle to Defendant HENRY C. FAULK, SR. when it was likely that he would operate Defendant's vehicle in such a manner as to create an unreasonable risk of harm to others. WHEREFORE, Plaintiff, HOWARD REIDER, demands judgment against the Defendant, WASTE MANAGEMENT OF PENNSYLVANIA, 7 l.AW OffiCES OF TI~tomY A, SIIOl.LENDERGER 1!l!\, UNnU:STlN/N !tn....1l . 1'0. BOX fIO\4\ . ltARRlsnuRO. rA 17106.C!45 '7Il11lHJ(\1 . FAX m 1I114-811l LAW , OFFI7ES OF TI~OTH~ A. ,1/ I ! / t.j ,/ > SHOLLENBERGER INC. for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, / i ~ ! , , I I f / By: Dated: "') (' June W, 1997 :i 't 8 LAW OffiCES OF T1~IOTIlY A, SHOLLENBERGER IRlO L1NI1LEST<1WN ROAn . ro, IIOX 6054\ . HARRISBURO, rA 17106-014\ 11111214-1100 . FAX (1I1111l-8l1l 1"""\ ,-..., AFFlDAvrr COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS I, HOWARD REIDER , being duly sworn according to law deposes and says that I AM JdlS{ the PLAINTIFF in the foregoing action; that the facts and allegations contained herein are based upon facts given by the PLAINTIFF to HIS counsel and are true and correct to the best of MY knowledge, information and belief; that the language of said COMPLAINT is that of counsel and that PLAINTIFF has relied upon counsel in making this COMPLAINT based upon MY Sworn to and subscribed b e 'g::":"lie, this ll..c;<<., , 1931. NOTARIAL SEAL MARJORIE McNAUGHTON, Notary Public Susquehanna lWp" Dauphin CountY My Commission Expires Nov, 27, 2000 L^W OFFICES OF TIMOTHY A, SHOLLENDERGER 1820 I.INGI,ESTOWN ItO^D . ItO, DOX 6OSi5 . H^RRISDURQ, P^ 17I06.oSil (717) lJi,1700 . FAX (717) lJi,811l EXHIBIT I ft ,'.1,.:." , "AUTO-=FIITE I AMENDED DECLARATIONS WilLIAM V KEllER III Applicable statement >n This Declarations Page, with Policy Provisions form 16290.B completes this polic merked ~ [&I This farm amends your Declarations Page as of the date shown In the Amended Date Block. ANNUAL EFF DATE 05-06.95 Declarations No. 100 Amended Date 09.20.95 2. POLICY PERIOD From: 05-06-95 To: 11-06.95 12:01 A,M, Standard Time and for successive policy periods as stated In Goneral Provisions 1, pollc Number 233 SY 2006204 PCS 1, NAMED INSURED HOWARD REIDER AND ADDRESS 34 PHEASANT COURT (No,. Streel. Apart. No., MECHANICSBURG City or Town, Stale, Zip) PA 17055 3. This policy provides only those coverages for which a specific Full Term Premium Charge is shown below, Our liability for each coverage provided is shown below, COVERAGES LIMIT OF L1ABILllY #$ 100,000 EACH ACCIDENT SEE ATTACHED NOTICE RE RENTAL CARS FUll TERM PREMIUM CHARGES Auto 1 Auto 2 Auto 3 205 L1ABILllY MEDICAL PAYMENTS UNINSURED MOTORISTS DAMAGE TO YOUR AUTO # $ 100000 EACH ACCIDENT Stated Amount or Actual Cash Value (ACV) Less (-) Stated Deductible Auto 2 21 Other Than Collision Auto 1 ACV Auto 3 41 Collision ACV FIRST PARlY BENEFITS COVG. 4, ENDORSEMENTS MADE A PART OF THIS POLICY Form No. 19175-B 19173-B 18377-0 Premium 41,00 UIM. $100,000 Form No. 16814 17085.0 16030-P Premium 4,00 AUTO 1 5,DESCRIPTION(S) No, Year Trade Name Body Type Model Identification Number OF YOUR AUTO(S) 1 #89 JEEP 2DR.SED WRANGL 2J4FY19EXKJ132014 OR TRAILER(S) 2' 3 Symbol Rating Class 8 3581108 5. V INFORMATION Name 'HOWARD REIDER TERRA P REIDER Date of Birth 01-28.48 01-24-76 P AU 0 I AU 90 10 . u 7. TOTAL PREMIUM , TOTAL PREM $ 520.00 I I I I \ I I I I I J I. LOSS PAYEE All Described Autos or Trailers are unencum- bered unless stated here, .A11 Described Autos will be principally garaged in the town shown in Item 1 unless otherwise stated here. or . INDICATES CHANGE Auto 1 Name and Address of Lienholder HAMILTON BANK P,O, BOX 4067 Due Date 06.97 LANCASTER, PA, 17604 Auto City State ST TERR, ~: Ulll., ~:~ tl~ giEg' gil' ~m ~i:i, 'n~~"mo lE ~ffiilo 00, '.2.1.A(01.14) li:t 1111111111t1I1\tlltlU 1I11l 11111 11111 IIl1lUll1 11111 Itlll IIl1lUl" II"'''''' ..... ~'M ....' ..... M........ .... '5"1 III ij3113' n ~tl1111M ~Otl~ ... , HOWARD REIDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA d i i i' I i ~ Plaintiff v. NO. 97-1936 HENRY C. FAULK, SR. and WASTE MANAGEMENT OF PENNSYLVANIA, INC. Defendants CIVIL ACTION LAW JURY TRIAL DEMANDED Acceptance of Service I accept service of the Complaint, Interrogatories and Request for Production of Documents Propounded by Plaintiff to Defendant, on behalf of Defendants Henry C. Faulk, Sr. and Waste Management of Pennsylvania, Inc., and certify that I am authorized to do so. By Michae Counsel White & Williams 1500 Lancaster Avenue Paoli, Pennsylvania 19301-1500 Date: r'''J 7 , 1997 LAW OFFICES OF TI~tomY A, SIlOLLENBERGER l'i!O L1SGlESTn\VN ROAI1 . r.ll BOX t>C~.H . flARRISI\URO. rA IW.'tH1Hli 171712J.Hil\.' . FAX 17111 H4-I4Hl ; 4. Admitted. 5. As it is not known what plaintiff means by the phrase "no adverse weather conditions," defendants cannot admit or deny the averments in paragraph 5. It was dark at the time of the referenced accident. 6. Admitted upon information and belief. 7. It is admitted only that Henry Faulk, Sr. was an employee of Waste Management of Central Pennsylvania, a division of Waste Management of Pennsylvania, Inc. and was operating a 1990 International straight truck within the course and scope of his employment with said corporate defendant. 8. Admitted. 9. It is admitted only that Henry Faulk, Sr. was operating the aforementioned truck and that as the truck was entering State Route 581 from the ramp from Trindle Road, the truck and plaintiff's automobile made contact and became wedged between concrete barriers. The rest of the averments of paragraph 9 are denied. 10 and 11. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraphs 10 and 11. 12. The answers to paragraphs 1 through 11, above, are incorporated herein by reference as though set forth in full. 13 . Denied. 14 through 21. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraphs 14 through 21. . l n -" n F~ ...1 'n ''l I -c 1 '1"." I, .J .1,---;, I in (. ',,J ':i~ I .' ~ I ~ :'J ., , ::/ -rn , I , .., :-.' h,' -.; . . ANSWUR.NMIREIDER.ANS HOWARD REIDER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, : NO, 97-1936 HENRY C. FAULK, SR, and WASTE MANAGEMENT OF PENNSYLVANIA,INC, Defendants : CIVIL ACTION LAW : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, Howard Reider, by and through his attorneys, the Law Offices of Timothy A, Shollenberger, and docs respectfully answer the Defendant's New Matter as follows: 25, Paragraph 25 of Defendant's New Matter is in the nature of a conclusion of law and to that extent requires no answer, To the extent that an answer is required. said claim is not barrcd or reduced by the provisions of the MOlor Vehicle Financial Responsibility Law with respcctto the Iimitcd versus full tort option as Plaintiff's claim is governed by the full tort option. WHEREFORE, the Plaintiff respectfully requcsts this Honorable Court grant the relief requestcd in his Complaint as a matter of law, Dated: September 23, 1997 1 LAW OFFICES OF TIMOTIlY A, SIIOLLENDERGER 1810 lINOLE."l'CWN ROAn . r.o. I\OX 60145 . IIARRISDURO, rA 17106"'545 1717111H700 . FAX 17171114-8lll HOWARD REIDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff v. NO. 97-1936 HENRY C. FAULK, SR. and WASTE MANAGEMENT OF PENNSYLVANIA, INC. Defendants CIVIL ACTION LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 9th day of February, 1998 I hereoy certify that I have served Answers to Interrogatories and Request for Production of Document on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael J. Plevyak, Esq. 1500 Lancaster Avenue - Suite 206 paoil, Pa. 19301 By: Da ted: February '1, 19 SIlOLLENBERGER & IANUZZI, LLP 1H20 L1NOLE$TOWN ROAD . P.O.l\(lX Will . IlARRISIlURO, PA 17106,014\ I7IJI21HJOO . FAX (JIJ) 21408212 :1 i1\. 'Ji~,{i~;,,~~...;lf::":,-I.- ,.., .'. . . !'&: ~:t'~!;' '. ..~'_\, .r"1' ".' . ...' .' - -' . .. tL"!,"--,,, ~lil~';:l,;=-:'J, :~~ '",' ,- . " ~ \i 10298060 COMMONWEAl,T11 OF PENNSYf.vANI A COUNTY OF CUMBERf.AND HOWARD REIDF.R ) ) ) ) ) ) ) ) ) ) NO. 97-1936 Pf,AINTIFF /S COURT OF COMMON PI.EAS VS. HENRY C, FAULK, SR. & WASTE MANAGEMENT OF PENNSYLVANIA, INC, DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOF.NA PURSUANT TO RUf~ 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND TIIfNGS PURSUANT TO RUf,E 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE TIlE SUBPOENA wml A COPY OF THE SUBPOENA AITACHED TIlERETO WAS MAlLF.D OR DEI,IVERED TO EACH PARTY AT I,EAST TWENTY DAYS PRIOR TO TIlE DATE ON WHICH TIlE SUBPOENA IS SOIlGHT TO BE SERVED, (2) A COPY OF TIlE NOTlCt; OF INTENT, INC!.UDING TIlE PROPOSED SUBPOENA, IS AITACHED TO TIllS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) TilE SUBPOENA TIlAT WILl, BE SERVED IS IDENTICAL TO TIlE SUBPOENA WIlICIl IS AITACHED TO TilE NOTICE OF INTENT TO SERVE TIlE SUBPOENA. DATE: 11/30/98 \ t ' . _ ~...." .__~ . " . . -;; . I _ - - _".... NO. 97-1936 ADDENDUM TO SUBPOENA 10298060 12/21/98 HOWARD REIDER VS, HENRY C. FAULK, SR, & WASTE MANAGEMENT OF PENNSYLVANIA. INC. ALL ORIGINAL EMPLOYMENT RECORDS, INCLUDING BUT NOT LIMITED TO AI,L EARNINGS AND PAYROLL RECORDS, W-2 FORMS, EMPLOYMENT APPLICATION, PERSONNEL & MEDICAL FILES, PHYSICIAN & PHYSICAL EXAM RECORDS, CORRESPONDENCE, ACCIDENT REPORTS, WORKMEN'S COMPo CLAIMS, INSURANCE RECORDS, TIME CARDS OR A'ITENDANCE SHEETS AND ANY OTllER RECORDS IN YOUR POSSESSION OR CONTROL PERTAINING TO HOWARD REIDER (1449 MAIN ST., HECHANICSBURG, PA, DOB 01/28/48, SSN 205-36-0504). ACCIDENT DATE: 08/19/95 EMPLOYED 1969 - 1971. - ----- 10298060 01/01/99 ,. ~TI1 OF PFllNSYLVlINIA ClXJNN OF aJMIlmUIND HOWARD REIDER Court of Common Pleas 97-1936 vs. File No. HENRY C. FAULK, SR. & WASTE MANAGEMENT OF PENNSYLVANIA, INC. SUBPOENA TO PRODUCE ooa.M!NTS OR 'Ill I NGS FOR D I SCOVERY PURSUANT TO RULE 4009. 22 PERSONNEL DEPARTMENT HARRISBURG HOSPITAL III S. FRONT ST. HARRISBURG PA 17101 TO: (N!rne of Person or Entity) Within twenty (20) days after service of thIs subpoena. you are ordered by the court to SEE ATTACHED ADDENDUM produce the following documents or things: 1880 JOHN F. KENNEDY BLVD., S-300, PHILAD~LrM1A, rA. at _RECO~.COPY SERVICES, (Address) You may deliver or mail legible copies of the documents or produce thing3 request!ld by this subpoena, together with the certificate of corrpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or prOducing the things sought. If you fail to produce the documents or things required by this subpoen~ within tw~ty (20) days after its service, the party serving this subpoena may seek a court order c:arPellir;g you to =rply with It. llilS SUBPOENA WAS ISSUED AT THE REOOEST OF TIiE FOLLONING PERSON: NAI'E: MICHAEL J. PLEVYAK. ESQ. ADDRESS: TELEPHONE: FOR-INFORMATION: (215) 241-5858 SU'REJoE ccurr I D II ATTORNEY FOR: DEFENDANT DATE:-^-l~ffi.\'\r,,'\ J-\ in lllQ8 Seal of ~ ISSUED ON: 11/30/98 BY THE ~T: Is,; r ( l f'\ .h ;"1 /<. lCCl9.. Prothonotary/Clerk, 'O'ivil Division \_ I..!IG\. ~ (\\s.t(\~1QN\ ~ Deputy .,' , ~.. (Eff. 1/97) I i , , , ) '11 , . , ~T1 ,~ 'II :',) , ( ~J , .., , ) , ....~ :q _.'1 " , , )!Il .' :.; ..-,; '.n r" -, ,--. n ,0 0 G \D '0 :':'.. l- '... "Ore c:: 'r: !;2'1' .- fn :rJ l,. 'O~ z~" I \.C .-J UJ. ; .~ ;::.,. "'1 '? .... c; .." :r'-H -- ::l: Q[') !";() "-.:("" N cjrTl )..'c: .. :::! z N ::0 ~ \D '<