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Home My WebLink About01-5845F:\FILES~DATAFILE~Gendoc cur\79135-comA/air Created: 03/26/02 02:23:~.0 PM Revised: 08/02/0209:23:51 AM 7913.5 KELLEY W. LOUDON, and LAWRENCE L. LOUDON, her husband, Plaintiffs, RUTH FRANKFORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5845 CIVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON ]~F.~ARDORFF WILLIAMS & OTTO BYGeor/g~ B."Fa~fi'~er, Jr. v ~// , Attorney I.D. No. 49813 [/ Ten East High Street " Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs KELLEY W. LOUDON, and LAWRENCE L. LOUDON, her husband, Plaintiffs, RUTH FRANKFORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5845 CIVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT Plaintiffs are adult individuals residing as husband and wife at 1051 Waggoners Gap Road, Carlisle, Pennsylvania 17013. 2. Defendant is an adult individual residing at Strasburg Village Inn, One West Main Street, Strasburg, PA 17579. 3. On December 15, 1999, Plaintiff, Kelley Loudon, was the operator of a 1988 Acura Legend beating Pennsylvania registration plate WPP566. 4. On December 15, 1999, Defendant was the owner and operator of a Mercury Topaz beating Pennsylvania registration plate ATP8325. 5. On December 15, 1999, at approximately 3:00 p.m. Plaintiff, Kelley Loudon, was operating her vehicle north on North College Street in Carlisle, Pennsylvania when she lawfully stopped for a traffic control device at a point just south from the intersection of North College Street and West North Street. 6. At the same time and place, Defendant was also operating her vehicle north on North College Street in Carlisle, Pennsylvania when she collided with the rear of Plaintiffs' vehicle. 7. Plaintiffs elected the Full Tort option on their automobile insurance policy. COUNT I - NEGLIGENCE Kelley W. Loudon v. Ruth Frnakfort 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. This accident occurred as a result of the Defendant's negligence and was due in no manner to any act, or failure to act, on part of Plaintiffs. 10. Defendant's negligence consisted of the following: a. failing to properly operate and control her motor vehicle; b. failing to keep alert and maintain a proper lookout for the presence of other motor vehicles from the streets and highways; c. operating her vehicle in careless disregard for the safety of others and Plaintiffs in particular in violation of 75 Pa. CSA § 3361; d. failing to operate her vehicle in such a manner as to comply with the assured clear distance ahead; and e. failing to observe the presence of Plaintiffs' vehicle when the Defendant knew or should have known of the presence of Plaintiffs' vehicle. 11. As a result of Defendant's negligence, Plaintiff Kelley Loudon sustained serious bodily injury as described, in part, as follows: a. Lumbosacral strain with pain radiating into hips; b. Left cervical strain; c. Left trapezius strain; and d. Aggravation of degenerative condition and arthritis in lower back. 12. As a direct and proximate result of Defendant's negligence, carelessness and recklessness, Plaintiffs suffered injuries and damages which include but are not limited to the following: a. past, present and future pain and suffering; b. loss of life's pleasures; b. loss of income; c. loss of earning capacity; and d. medical expenses. WHEREFORE, Plaintiff, Kelley W. Loudon, hereby demands judgment in her favor against Defendant for damages in excess of the mandatory arbitration limits, plus costs. COUNT II - LOSS OF CONSORTIUM Lawrence L. Loudon v. Ruth Frankfort 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. As a direct and proximate result of the aforesaid negligence of Defendant, said negligence being a direct and proximate result of the aforesaid injuries to his wife, Plaintiff, Lawrence L. Loudon, has lost and will continue to lose the companionship, comfort, society, services and other forms of consortium of his wife. WHEREFORE, Plaintiff, Lawrence L. Loudon, hereby demands judgment in his favor against Defendant for damages in excess of the mandatory arbitration limits, plus costs. Date: d~ ~/ ~oo2. MARTSON DEARDORFF WILLIAMS & OTTO By George B. Faller, Jr. v~ , Attorney I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Kelley W. Loudon Lawrence L. Loudon ..CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Ruth Frankfort Strasburg Village Inn One West Main Street Strasburg, PA 17579 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 2, 2002 MDW&O C3.P&ISLE, PENNSYkV^N~^ ] 7013 KELLY W. LOUDON, and LAWRENCE L. LOUDON, her husband, Plaintiffs RUTH FRANKFORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 6 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of summons against Ruth Frankfort, Rural Route 1, Box 490, Honey Grove, Pennsylvania 17035, as Defendant in the above captioned action and forward same to the Cumberland County Sheriff for deputizing and to the Juniata County Sheriff for service. MARTSON DEARDORFF ~¢flLLIAMS & OTTO By ,'~ 'b"- /'~ /,~ George B. Faller, Jr., Esquir~r ~ I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Date: October 8, 2001 Commonwealth of Pennsylvania County of Cumberland KELLY W. LOUDON, AND LAWRENCE L. LOUDON, Her husband P~t~f RUTH FRANKFORT, Rural Route 1 Box 490 Honey Grove, Pennsylvania, 17035 Court of Conunon Pleas 2001-5845 Civil Term 19 .... Civil Action - Law You are hereby notified that g~r.l.v _W._.LO~ rnc~l. _ AB~ _ LAW~NCE _ L.--IXXIE~--He~ -~ ................................. the Plaintiff ha commenced an action in Civil Law ................................. against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date October 9L 2001 ...... 19 .... CURTIS R o L~__I~_ .............................. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOUDON KELLY W VS FR3kNKFORT RUTH R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FP3tNKFORT RUTH but was unable to locate Her deputized the sheriff of JUNIATA serve the within WRIT OF SUMMONS in his bailiwick. County, He therefore Pennsylvania, to On December 18th , 2001 , this office was in receipt of the attached return from JUNIATA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Juniata County 27.14 .00 64.14 12/18/2001 MDW&O R./Thomas Kline ~ Sheriff of Cumberland County Sworn and subscribed to before me this SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05845 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOUDON KELLY W VS FRANKFORT RUTH R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT FRANKFORT RUTH , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: but was unable to locate Her in his bailiwick. deputized the sheriff of LANCASTER County, serve the within WRIT OF SUMMONS He therefore Pennsylvania, to On December 18th , 2001 attached return from LANCASTER Sheriff's Costs: Docketing .00 Out of County 9.00 Surcharge .00 Dep Lancaster Co 36.71 .00 45.71 12/18/2001 MDW&O Sworn and subscribed to before me this 21%~ day of ~~ ~ ~ ' ~o~honot ary~ this office was in receipt of the R.'Thomas Kline Sheriff of Cumberland County Kelly W. Loudon et al VS. Ruth Frankfort SERVE: s~ne O1 58~5 civi~ OCT 1 5 2001 NO. In The Court of Common Pleas of Cumberland County, Pennsylvania RECEIVED Juniata Ce. Sheriff Octobe~ 11, 2001 Mifflintown, PA Time ~5oo , I, SHERIFF OF CUMBEKLAND COUNTY, PA, do hereby deputize the Sheriff of Juniata County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now October 17 within WRIT OF SUMMON Affidavit of Service ATTEMPTED SERVICE OF ~20ol ,at 7..00 o'clock F M. ~Pr~Sthe upon RUTH FRANKFORT ~//~by handing to a RR 1, Box 490, Honey Grove,' Pennsylvania AFTER DUE AND DILIGENT SEARCH WITHIN MY BAIliWICK ~UR THE DEFENDANT AND B~ING UNABLE TO FIND HER, I AM RETURNING THIS WRIT OF SUMMONS "NON EST INVENTUS"{Person to be served cannot be found in the jurisdiction of the · , copy of the original sheriff ) and made known to the contents thereof. NEW ADDRESS: Lives & works~at: Strasburg village Inn, ~1 We~t Mhin Street, Strasburg, Lancaster Co. phone = (717) 687-0~00 So answers, Sheriffof Juniata H. Thomas Lyter cos,s SERVICE MILEAGE/Pos rage AFFIDAVIT CHRISTINA S. SWARNER DEPUTY PROTHONOTARY My Commission Expires First Monday in Jan 2004 County, PA $ 14.00 11.14 2.00 REFUND 27.14 47.86 A'I'I'EMPTED SERVICI~ SHERIFF'S OFFIC 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN t PLAiNTiFF/S/ Kelly W. Loudon 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT Ruth Frankfort Writ of S~rnons, reissued SERVE ~' 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED. Ruth Frankfort (lives and works at Strasburg Village Inn) 6 ADDRESS (Street or RFD, Apartment NO,, City, Boro, Twp., State and ZIP Code) AT Strasburg Village Inn 1 West Main Street Strasburg, PA t AN~COPIES~ 2 COURT NUMSER 01-5845 civ±l Now, ~c_~)~ , I, SHERIFF OF ~)~,~.7~¢1 COUNTY, PA., d_o ~t~reJ3y~deputize the~ S~h~.~ff of County to execute this ~'J~l~_r_~[~r~3 ~ere~rdirt~ to law. This deputation being made at the request and risk of the plaintiff, 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING 8ERVICE: CUMBERLAND CO NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shedff levying upon or attaching any properly under within writ may leave same without a watchmen, in custody of whomever is found in possession, after notifying person of levy or aftach ment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any Ices, destruction or removal of any such property before sheriff's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR P~T,T,;R ,TR 1 1./1q./D1 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed CUMBERLAND CO SHERIFF'S OFFICE 13 lacknowledgereceiDtofthewri I /~ NAME of Authorized LCSO Deputy or Clerk 14. Date Received iF orcomplaintasindicatedabove.[ ./.3%~TNETTE W.a~TOH 717-295-3609 11/26/01 12/21/01 16. t hereby CERTIFY and RETURN ha ~have persona y served, [] have legal evidence of service as shown in Remarks", [] have executed as shown in "Remarks', the writ or complaint described on the and v dua company, corporat on, etc., at the address shown above or on the individua, company, cdr. poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof 17. [3 I hereby certify and return a NOT FOUND because ~ am unabJe to locate the individual, company, corporation, etc., named above. (See remarks below) ,g date 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ONoSe~tce State and Zip Code) / ~'~'~-~ ~ ~ A~ 30. REMARKS: 34. day of ,-~ ~ ,~ 20 ~)/ POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #56027 BY: THOMAS M. WITOWSKI I.D. #:83647 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KELLEY W. LOUDON and LAWRENCE L. LOUDON, her husband, Plaintiffs, RUTH FRANKFORT, Defendant. ATTORNEYS FOR DEFENDANT RUTH FRANKFORT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 01-5845 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Gregory S. Hirtzel and Thomas M. Witowski on behalf of Defendant in the above-captioned matter. DATE: POST & SCHELL, P.C. :~RY~. HIRTZEI-7 E~QUIRE Attorney I.D. No. 56027 CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing thesame in the United States Mail, First Class Delivery, on the date set forth below. George B. Fallen, Esquire Ten East High Street Carlisle, PA 17013-3093 DATE: BY: POST & SCHELL, P.C. GREYS. lctI~TT. EL, ESQUIRE Attome37I.D. No. 56027 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #56027 BY: THOMAS M. WITOWSKI I.D. #:83647 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KELLEY W. LOUDON and LAWRENCE L. LOUDON, her husband, Vo RUTH FRANKFORT, Plaintiffs, Defendant. ATTORNEYS FOR DEFENDANT RUTH FRANKFORT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 01-5845 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: PLAINTIFFS You are hereby notified to plead to the within New Matter within twenty (20) days of service thereof or a default may be entered against you. DATE: [0 - "] ,2002 Respectfully submitted, POST & SCHELL, P.C. GREGORY S. HIRTZEL, ESQUIRE Attorney I.D. No. 56027 THOMAS M. WITOWSKI, ESQUIRE Attorney I.D. No. 83657 Attorneys for Defendant Ruth Frankfort POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #56027 BY: THOMAS M. WITOWSKI I.D. #:83647 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KELLEY W. LOUDON and LAWRENCE L. LOUDON, her husband, RUTH FRANKFORT, Plaintiffs, Defendant. ATTORNEYS FOR DEFENDANT RUTH FRANKFORT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 01-5845 JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, Answering Defendant is knowledge or information sufficient to form a belief as to the truth of the averments in paragraph, and, if relevant, strict proof is demanded. 2. Admitted. 3. Admitted, upon information and belief only. 4. Admitted. 5. It is admitted only that at that place and time, Plaintiff was operating her vehi, aorth on North College Street in Carlisle, Pennsylvania. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph, and, if relevant, strict proof is demanded. 6. It is admitted only that at that place and time, Defendant also was operating her vehicle north on North College Street when a collision occurred with Plaintiff's vehicle. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph, and, if relevant, strict ed. 7. Denied. After reasonable investigation, Answering Defendant is without or information sufficient to form a belief as to the troth of the averments in this paragraph, and, if relevant, strict proof is demanded. COUNT I - NEGLIGENCE Kelle,y W. London v. Ruth Frankfort 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. All allegations of negligence against Answering Defendant, Ruth Frankfort, are denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, relevant, strict proof is demanded. 10. All allegations of negligence against Answering Defendant, Ruth Frankfort, are denied. 11. All allegations of negligence against Answering Defendant, Ruth Frankfort, are denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. 12. All allegations of negligence, carelessness and recklessness against Answering Defendant, Ruth Frankfort, are denied. After reasonable investigation, Answering Defendant is -2- without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. WItEREFORE, Answering Defendant demands judgment in her favor and agmnst Plaintiffs, together with such other relief as the Court deems appropriate. COUNT II - LOSS OF CONSORTIUM Lawrence L. London v. Ruth Frankfort 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. All allegations of negligence against Answering Defendant, Ruth Frankfort, are denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and, if relevant, strict proof is demanded. WI-IEREFORE, Answering Defendant demands judgment in her favor and against Plaintiffs, together with such other relief as the Court deems appropriate. NEW MATTER 15. Plaintiffs' claims are barred and/or limited to the extent it is established the Plaintiff has failed to mitigate her own damages. 16. Plaintiff's claims for past medical expenses are limited to the amount received in satisfaction of the services rendered in connection with those expenses, not the fair and reasonable value of the services provided. 17. Plaintiff's claims are barred by the Doctrines of Release, Set off and/or Accord and Satisfaction to the extent it is established that Plaintiff has entered into any releases or settlements related to this matter, or to the extent that she has received compensation benefits as a result of the injuries and damages, as alleged. -3- 18. Answering Defendant expressly reserves and preserves those affirmative which need not be pled under the Pennsylvania Rules of Civil Procedure, including the defens{ of comparative negligence, assumption of the risk and/or failure to state of cause of action upon which relief may be granted. 19. Causes. Plaintiff's claims may be subject to the Doctrines of Superseding and Intervemng 20. Plaintiff's claims are barred to the extent it is established that Plaintiff has failed to timely commence this litigation within the applicable statute of limitations and/or properly serve Answering Defendant within the applicable statute of limitations. 21. Plaintiffs' claims are subject to and limited by the applicable provisions of~ Pennsylvania Motor Vehicle Financial Responsibility Law. Plaintiff did not suffer a sefiou~ ~njury as defined by the Pennsylvania Motor Vehicle Financial Responsibility Law and applicable case law such that Plaintiff's claim for non-economic damages cannot be maintained. WItEREFORE, Answering Defendant demands judgment in his favor and against Plaintiffs, together with such other relief as the Court deems appropriate. Respectfully submitted: POST & SCHELL, P.C. GREGORY S. HIRTZEL, ESQUIRE Attorney I.D. No. 56027 THOMAS M. WITOWSKI, ESQUIRE Attorney I.D. No. 83647 lO .,-/- 02 -4- RE: Loudon VERIFICATION I, Ruth Frankfort, Defendant in this matter, verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, infommtion and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4909, relating to unswom falsification to authorities. RUrHCFRANK.FORT 2' DATE: (~.~ /~, ,2002 CERTIFICATE OF SERVICE I, Thomas M. Witowski, Esquire do hereby certify that I caused a tree and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. George B. Fallen, Esquire Ten East High Street Carlisle, PA 17013-3093 /~-z~ ,2002 BY: POST & SCHELL, P.C. THOMAS M. WITOWSKI, ESQUIRE Attorney I.D. No. 83647 F:\FiLES~tDATAFILE\Gendoccur\79135'res.l/cnY Created: 10/14/02 09:26:21AM 7913.5 KELLEY W. LOUDON, and LAWRENCE L. LOUDON, her husband, Plaintiffs, Vo RUTH FRANKFORT, Defendant TO: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : . NO. 01-5845 CIVIL ACTION - LAW : : JURY TRIAL OF TWELVE DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW MATTER RUTH FRANKFORT, Defendant, and her attorney, GREGORY S. HIRTZEL, ESQUIRE 15-21. Denied pursuant to Pa. R.C.P. 1029(e). MARTSO~ARDORF[ WILLIAMS & OTTO iG. ei~ ~l~un~bF~l 1;~~ 1~3., ~s~uire~-~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 14, 2002 Attomeys for Plaintiffs CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiffs' Response To Defendant's New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Gregory S. Hirtzel POST & SCHELL, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 MARTSON DEARDORFF WILLIAMS & OTTO By Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 14, 2002 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KELLY W. LOUDON AND LAWRENCE L. LOUDON, HER HUSBAND -VS- RUTH FRANKFORT COURT OF COMMON PLEAS TERM, CASE NO: 01-5845 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of TOM WITOWSKI, ESQ. certifies that 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: 06/12/2003 ~CS o~ behalf of Attorney for DEFENDANT DEll-421650 5 4 14 6 --LO 1 COMMONWEALTH OF PENN'SYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KELLY W. LOUDON AND LAWRENCE L. HER HUSBAND RUTH FRANKFORT LOUDON, COURT OF C0MMON PLEAS TERM, CASE NO: 01-5845 NOTICE OF I~'rm&~-T TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND · r~3_NC~S POR DISCO%q{RY P~RSUANT TO RUI~E 4009.21 CA~LISLE POLICE DEPARTMENT OTHER TO: GEORGE FALLER, ESQ. MCS on behalf of TOM WITOWSKI, ESQ. 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: 05/23/2003 CC: TOM WITOWSKI, ESQ. - 245-114533 MCS on behalf of TOM WITOWSKI, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHIL~ELP~IA, PA 19103 (215) 246-0900 DE02-227687 54 14 6 --CO 1 COMMQNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLY W. LOUDON AND LAWRENCE L. LOUDON, : File Ne.. VS. : RUTH FRANKFORT : 01-5845 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2? TO: Custodian of Records for CARLIST.F POLICE DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ~ at The MCS Groun. Inc.. 1601 Market Street Suite 800. philad~lnhia_ PA 19105 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of prepering the copies or produciug the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWTNG PERSON: NAME: TOM WITOWSKL ESQ. ADDRESS: 1857 WII,I.TAM PENN WAy P.O. BOX 1024~ LANCASTER. PA 17605 TELEPHONE: 717-391-4436 SUPREME COURT ID #: ATTORNEY FOR: Date: Seal of the Court BY THE COURT: Prothonotm-y/Clerk, Civi~ D~vision Deputy 54146-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE POLICE DEPARTMENT 53 WEST SOUTH ST. CARLISLE, PA 17013 RE: 54146 KELLY W. LOUDON *************************** ****************************** Subject: KELLY W. LOUDON Social Security #: 558-04-3551 Date of Birth: 12-27-1960 SU10-443492 54 14 6 --LO 1 SPECIAL INSTRUCTIONS: ANY AND ALL DOCUMENTS AND/OR ACCIDENT REPORTS RELATING TO THE 09/25/1998 ACCIDENT AT THE INTERSECTION OF FRANKLIN AND "B" STREETS IN CARLISLE, PA INVOLVING KELLY LOUDON, DRIVER'S LICENSE NUMBER 25075851-PA. IN ADDITION, COPIES OF ANY AND. ALL DOCUMENTS AND/OR ACCIDENT REPROTS RELATING TO THE ACCIDENT THAT OCCURED APPROXIMATLY 11/1998 AT THE INTERSECTION OF NORTH COLLEGE STREET AND WEST NORTH STREET, CARLISLE, PA. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT T0 RIFLE 4009.22 IN THE MATTER OF: KELLY W. LOUDON AND LAWRENCE L. LOUDON, HER HUSBAND -VS- RUTH FRANKFORT COURT OF COMMON PLEAS TERM, CASE NO: 01-5845 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of TOM WITOWSKI, ESQ. certifies that (i) 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 tke 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: 09/08/2003 MCS on behalf of ~ Attorney for DEFENDANT DEll-443686 5 4 14 6 --LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KELLY W. LOUDON AND LAWRENCE L. LOUDON, HER HUSBAND -VS- RUTH FRANKFORT COURT OF COMMON PLEAS TERM, CASE NO: 01-5845 NOTICE OF I~'£~sNT TO SERVE A SUBPO]~A TO PRODUCE DOC-N]PHgNTS ~ THINC~S FOR DISCOVERY PURSITA~TT TO RULE 4009.21 USAA CASUALTY INSURANCE C0. 0THER TO: GEORGE FALLER, ESQ. MCS on behalf of TOM WITOWSKI, ESQ. 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: 08/18/2003 CC: T0M WITOWSKI, ESQ. - 245-114533 MCS on behalf of TOM WITOWSKI, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #8oo PHILADELPHIA, PA 19103 (215) 246-0900 DE02-239008 54 146--CO i COMMONWEALTH OF :PENNgYLVANIA COUNTY OF,,CUMBERLAND KELLY W. LOUDON AND LAWRENCE L. LOUDON, : : File No. _ 01-5845 VS. ~ RUTH FRANKFORT : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for USAA CASUALTY INSURANCE CO. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or th/rigs: QTI~IER at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, 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 subpoena within twenty (20) days aRer its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLO~3FiNG PERSON: NAME: TOM WlTOWSKI. ESO. ADDRESS: 18~7 W~LLIAM PENN WAY P.O. BOX 10248 LANCASTER. PA 17605 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: BY THE COURT: Prothonotary/Clerk, Civil Divi~ Date: Seal of the Court 54146-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: USAA CASUALTY INSURANCE CO. 9800 FREDERICKSBURG ROAD SAN ANTONIO, TX 78288 RE: 54146 KELLY W. LOUDON ***SEE ATTACHED*** Subject: KELLY W. LOUDON Social Security #: 558-04-3551 Date of Birth: 12-27-1960 SU10-459530 54 14 6--L02 POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA I.D. #56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 KELLEY W. LOUDON and LAWRENCE L. LOUDON, her husband, RUTH FRANKFORT, Plaintiffs, Defendant. ATTORNEYS FOR DEFENDANT RUTH FRANKFORT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 01-5845 JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance for Defendant, Ruth Frankfort, in the above-captioned matter. POST & SCH~L~, P.C. i~ ' .. / 7'. By: Gregory'S. ~Iirtzel Attorney for Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendant, Ruth Frankfort, in the above-captioned matter. Date: By: "~'~{ t~i~hael A. CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: DATE: George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 SANDRA MORALES -2- MARTSON, DEARDORFF, WILLIAMS & OTTO BY: GEORGE B. FALLER, JR. I.D. # 49813 TEN EAST HIGH STREET CARLISLE, PA 17013 717-243-3341 KELLEY W. LOUDON and LAWRENCE L. LOUDON, her husband, Plaintiffs, RUTH FRANKFORT, Defendant. ATTORNEYS FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 01-5845 JURY TRLAL DEMANDED PRAECIPE TO SETTLE~ DISCONTINUE & END TO THE PROTHONOTARY: Kindly mark the docket in the above matter settled, discontinued and ended witl udice. MARTSON, DEARDORFF, WILLIAMS:~T~ Attorney for Plaintiff