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HomeMy WebLinkAbout00-08131 --I I - -I L ~ _ " .',fr_' . ' ... ----.of'-. ~ BART STUCKEY, JR., a minor : by and through BART STUCKEY, : SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, Plaintiffs #10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8131 CIVIL TERM v. SHEN BRENNAN, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE At a pretrial conference held Wednesday, June 18, 2003, before the Honorable Edward E. Guido, Plaintiffs appeared pro se, and present for the Defendant was Brian A. McCall, Esquire. This is a vehicle accident in which Plaintiffs' child was riding his bike and struck by Defendant's vehicle. Plaintiffs' child has since passed away from unrelated causes. Plaintiffs are proceeding pro se and have not filed a pretrial memorandum. They have expressed a desire to obtain counsel. We have agreed to continue this case. The parties are directed to relist the case when it is at issue. Plaintiffs have been advised that they must comply with the rules of court if they intend to proceed pro se. They must file their pretrial memoranda and identify any witness that they intend to call or exhibits that they intend to present at the time of trial. Failure to do so may very well result in sanctions. Edward E. Guido, J. ;1 . ~'-o ....>---..,,-'1 " Bart Stuckey, Sr. 6049 Linglestown Road Linglestown, PA 17112 Barbara Sheaffer 23 South St. Johns Road Camp Hill, PA l7011 Brian A. McCall, Esquire Flanagan and Associates 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Court Administrator srs ,jc--,> -,~- ,,- -~ ";';llli . "lEi:'!~L1lt_n-iil~[mltSlM!!fi -)i{~~,~~[i!!~lii.'""_'''~i~' ~ .C . ~ M ~,~< 0'," ,-, ~ ",. '-' ,"~ ',.< ___<0 II!it ':Jr ",," ~ , ~~ i 'e o C-- r~~i rr' c-" ~-:~ ,.1-- Zr' .....-:-> S_:-::. ~~~1 -' --, - i~ ". r.= .:::0,,1 , ';-.= "ES ,-') ! -0 1._,; -n o ~_5m ~-I s:; -< <)) ? w \0 ~v__ , o i-I ---. ..' Ii !:i :'1 '1 "'I ;:1 , .....__ e Ii II r:1 n 1:1 ,'i Ii I,j . Li i'! :i Ii I:i PI Ii i:l -'-' ":-- - ,"I ~",_~ ,."'--',-'. ,- -'",'C' i--,..', - ,'" --~ J",-.., -,_," i'c_" . ","~-,,,'" - ',-, ,,-;_ :--'",' ,,';l~'_~; '",;, " 'e' R. J. MARZELlA & ASSOCIATES, P.c. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court 1.0. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: 1717\ 234-6883 Attorneys for Plaintiffs, Bart Stuckey, Jr. Bart Stuckey, Sr., and Barbara Sheaffer BART STUCKEY,JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACIlON - LAW DOCKET NO. (")f'> - PI.~{ (LLl ~ Plaintiffs v. SHEN BRENNAN, Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND 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 that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. - .~ " , , ._"'__0 -,~ ,~~I;-~::; ""'-",- ~ ~; c, -" . ~,; , - ,,,,""..... .' YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA smo DEMANDADOIA EN CORTE. Si usted desea defenderse de la demandas que se presentan mas adelante en las siguientes paginas, debe tomar acdon dentro de 105 proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccioned a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acdon como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamacion 0 remedio solictado por el demandante puede ser dictado en contra suya por la Corte, sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO IlENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUENTE OFIClNA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 , , .0 ". ';"'" . --~- -.,1, 'E_'_'-.", ',,- oc'-"'''',--' .. R.j. MARZELIA&ASSOCIATES, P.C. BY: Charles W. Marsar,Jr., Esquire Pennsylvania Supreme Court 1.0. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiff, Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer BART STUCKEY,JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACfION - LAW DOCKET NO. rkJ. //3/ W .~ Plaintiffs v. SHEN BRENNAN, Defendant : JURY TRIAL DEMANDED COMPlAINT 1. Bart Stuckey, Jr., Plaintiff, was a minor at the time of the incident, who, at all relevant times, resided at 141 South Enola Drive, Enola, PA 17025. 2. Bart Stuckey, Sr., Plaintiff, is an adult individual, who at all relevant times resided at 141 South Enola Drive, Enola, PA 17025. " -1- ,'j " ,- " ,,' '.nJ;:,d ~:_:__I,-; . ' .-", . ""...,_ -" -_^< < '-' ~"",-_,~, _:,i".;, _-:. ie,_ 3. Barbara Sheaffer, Plaintiff, is an adult individual, who at all relevant times resided at 230 Crossroads Road, Lykens, PA. 4. Shen Brennan, Defendant, is an adult individual, who at all relevant times resided at 138 Wyoming Avenue, Enola, PA 17025. 5. On or about April 7, 1999, Bart Stuckey Jr. (hereinafter Bart Jr.) was riding his bicycle with friends around 56 South Enola Drive, which is located in Cumberland County. 6. At approximately 5:00pm, BartJr. decided to ride his bicycle from the parking lot of 56 South Enola Drive to the other side of the street. 7. When BartJr. looked to see ifthe road was safe to cross, he did notice one car at a great distance traveling south-bound on Enola Drive. 8. Seeing that there was no immediate traffic, BartJr. began to across the street. 9. As he proceeded to the middle of the street, the car that was traveling south-bound on Enola Drive approached him at an excessively high rate of speed. 10. By the time BartJr. made it to the middle of the street, the car was nearly on top of him. 11. One of his friends yelled out for BartJr, but by the time he turned his head, the car, driven by the defendant, had plowed into Bart Jr. after skidding nearly sixty (60) feet. 12. BartJr. was struck with such force he was thrown through the air landing street. 2 " . - j ---ls:;~; ;~ : '-' ';c';. ! . :,.-: '-~, -----': ,- - . -<--,j,;, _~v_ ~..,,-"..-'- 13. The impact of the defendant's automobile with Bart Jr.'s body caused him severe injuries. 14. As BartJr. lay there on the street, the Pennsboro Police and an Enola EMS crew arrived on the scene. 15. BartJr. was rushed to Polyclinic Hospital with numerous serious and permanent injuries. 16. At the time of the admission to Polyclinic Medical Center" BartJr. was diagnosed as suffering from a broken c1avical, broken humerus and broken femur. 17. Lengthy hospitalizations and multiple procedures were necessary in order to treat BartJr.'s extensive injuries. 18. As a direct and proximate result of the negligence of Defendant in causing or contributing to the collision, Plaintiff, Bart Stuckey Jr. has suffered severe and permanent injuries and damages as detailed below. 19. As a direct and proximate result of Defendants' negligence as alleged herein and incorporated by reference, Plaintiffs, Bart Stuckey Jr., Bart Stuckey, Sr., and Barbara Sheaffer have been, and will continue to be, forced to incur liability for medical treatment, medicines, hospitalizations and similar miscellaneous expenses throughout his life and a claim is made therefore. 20. As a direct and proximate result of Defendants' negligence as alleged herein and incorporated by reference, Plaintiff, Bart Stuckey Jr. has undergone and in the future will undergo great mental and physical pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment and a claim is 3 " ,~-; - ":- ^ ~:,,'_';_':::,L-, ~:<-.,~;r; ['.-"," -~, __ - ~",."-',,,''A,".,- .';C .,..; -- :_',:J<-". ';1.-; .-,,'- ~ ~-- ;;..,;, made therefore. 21. As a direct and proximate result of Defendants' negligence as alleged herein and incorporated by reference, Plaintiff, Bart Stuckey Jr. has been and in the future will be subject to great humiliation, disfigurement and embarrassment and a claim is made therefore. 22. As a direct and proximate result of Defendants' negligence as alleged herein and incorporated by reference, Plaintiffs, Bart Stuckey Jr. and Bart Stuckey, Sr. have sustained in the past and will sustain in the future a loss of earnings, a permanent impairment of their earning power and capacity and a claim is made therefore. 23. As a direct and proximate result of Defendants' negligence as alleged herein and incorporated by reference, Plaintiff, Bart Stuckey Jr. has been advised and therefore aver that the damages and injuries alleged herein are permanent and a claim is made therefore. 24. As a direct and proximate result of the negligence of Defendant, the vehicle driven by the Defendant collided with BartJr. causing BartJr. to sustain severe, extensive and permanent personal injuries including but not limited to a broken clavicle, broken humerus, and broken femur and numerous other areas of injury and pain requiring medical treatment and therapy, and may require medical treatment and therapy in the future, and a claim is made therefore. 4 II .~ . - _ :A ,~ ,"--' .,,': - '-_-t:',;<,I~".~"''- C '_,' ,.'.,,',.- ,_'='-',r" ~' "..,-,-" ;.;,- COUNT I BART STUCKEY JR.. et al. vs. SHEN BRENNAN 25. The allegations contained in Paragraphs 1- 24 of Plaintiff's Complaint are incorporated herein by reference as if fully set forth. 26. Regarding the accident, which is the subject matter ofthis Complaint, Defendant was negligent, careless, and reckless in the operation of a motor vehicle in the following particulars: (a) operating his vehicle in violation of the ordinances of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles, including reckless driving, which constitutes negligence as a matter oflaw; (b) failing to have the vehicle under proper and adequate control in order to stop or avoid striking BartJr.; (c) failing to keep an appropriate lookout to avoid striking BartJr.; (d) failing to maneuver his vehicle appropriately in order to avoid striking BartJr.; (e) operating the vehicle without due regard for the rights, safety, well being, and position of Bart Jr. under the circumstances; (f) failing to lawfully yield to a pedestrian crossing the street in a residential area; (g) traveling at an excessive rate of under the circumstances; (h) traveling in excess ofthe posted speed limit; 5 ,1,- - .~,-" ' . ,'..-- 1,,,-;-- ",-'~~ "-",::,, " -'-'<:;~::':~=:2-'-;- . -"iJjJ:i.J (i) failing to appropriately judge the time and distance available to safely come to a complete stop before striking Bart Jr. 0) failing to adequately maintain the vehicle, including but not limited to, maintenance of the brakes and other stopping devices; (k) failing to warn the pedestrian of his rapid approach in any fashion, including but not limited to, blowing his horn. 27. Defendant Brennan is liable to the plaintiffs, Bart Stuckey Jr., Bart Stuckey Sr., and Barbara Sheaffer for the injuries and damages as alleged herein as set forth in paragraphs nineteen (19) through twenty-seven (27) above, which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiffs, demand judgment against Defendant, in an amount in excess ofTHIRTY-FIVE THOUSAND DOLLARS ($35,000.00), together with interest and costs thereon as allowed by law, and requests punitive damages. Respectfully submitted, R. J. Marzella & Associates, P.c. By: C Attorney I Dated: November 15. 2000 6 ,~~i.., -~ ~ i.' l:dIiIi.;IiIIilIi1ii!iI -1ili~'!.K'. '. VERIACATlON I, Bart Stuckey,Jr., do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. , !-'-~IA/~"'/'OF< ;:J:i', Bart Stuckey, J . Dated: II (I /00 I -----' -- , ,- --~ ....' , "-"l-...-l .~~--- '. ,,~ . ~~ ....~.ii$,; ~ VERIFICATION I, Bart Stuckey, Sr., do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. i Dated: ---1l/, lOt) ( I "',...,~~'~ , ~ .,..... "~^.""~) .' ~~I,- '" M '. ".' VERIFICATION !, Barbara Scheaffer, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa. c.s. S 4904 relating to unsworn falsification to authorities. MOA~~ Barbara Scheaffer Dated: ---1\! ~oo ", , "--,"-- , ~" - --"" , -- ~ 1- -'" ,-~. ~ ','~--'" .;" "- "-,:, -- - 1tL . CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was served upon all Defendants this 15'h day of November, 2000 , by way of United States postal service to the Cumberland County Prothonotary, whereupon the Cumberland County Sheriff hand-delivery, to the address as follows: Shen Brennan 138 Wyoming Avenue EnoIa, PA 17025 R.j. MARZELIA&ASSOCIATES, P.C. By.~ Charles W. Marsar, Jr. 1-.. ~-^ ',- I ,1",> ,-..,",'.'" -,.-'p '.--,-,," , -, ~"' ~~J::;'.'~: FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire J.D. No. 83030 150 East Chestnut Street Lancaster. P A 17602 (717) 397"9444 JUN 1 2 2oo3~ .> Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v. SHEN BRENNAN Defendant JURY TRIAL DEMANDED DEFENDANT BRENNAN'S PRETRIAL CONFERENCE MEMORANDUM AND NOW, comes Defendant, Shen Brennan, by and through his undersigned attorney, FLANAGAN and ASSOCIATES, and submits the following Pretrial Conference Memorandum pursuant to Pa.R.C.P. 212.2 and Cumberland County Local Rule 212-4. I. STATEMENT OF BASIC FACTS AS TO liABILITY AND DAMAGES The accident which forms the basis of this lawsuit occurred on April 7, 1999 at approximately 5:00 p.m. on South Enola Drive in East Pennsboro Township, Cumberland County. The Plaintiff, Bart Stuckey, Jf., then 14 years of age, bicycled out of a parking lot at 56 South Enola Drive, across the northbound lane of S. Enola Drive and into the southbound lane directly into the path of a motor vehicle operated by Shen Brennan. Enola drives has two lanes separated by double yellow lines, one heading northbound and the other southbound. Mr. Brennan had the right of way. Mr. Brennan slammed on his brakes to avoid Bart Stuckey Jr., who had darted out in front of him. Plaintiff was apparently attempting to cross both lanes of traffic in a perpendicular fashion and then ride up onto the opposite sidewalk. The speed limit in the area is 25 mile per hour. As a result of the accident, Bart Stuckey, Jr. had allegedly sustained injury in the nature of a fractured clavicle, . humerus and femur. Plaintiff has alleged to have sustained medical bills of $30,744.95. However, the medical bills list two sources of first-party medical benefits, Progressive and Liberty Mutual. :' '- ~' ^^ - '-,-I 1,-0, ,~ <C;.' "", ;'_ :'-,;" "- ~ :;<l~ As to liability, Defendant believes he was confronted with a sudden emergency. Moreover, Defendant believes that there was nothing he could do to avoid the accident in question and that he was not negligent in causing the accident. In January 2001, Bart Stuckey, Jr. was killed in a tragic and unrelated motor vehicle accident. Shortly thereafter, Plaintiff's counsel filed a Petition for Leave to Withdrawal as counsel. That Petition was granted on May 7, 2001, and Plaintiff's counsel officially withdrew on June 20, 2001. Since then, Plaintiffs have been without counsel and have made no efforts to Defendant's knowledge to procure representation and proceed to litigate this case in an expeditious manner. II. STATEMENT OF ISSUES AS TO liABIliTY AND DAMAGES A. Negligence, if any, of Shen Brennan B. Comparative Negligence, if any, of Bart Stuckey, Jr. C. accident. Causation of injuries sustained by Bart Stuckey, Jr. as a result of the April 7, 1999 D. Damages, if any, to Bart Stuckey, Jr. III. SUMMARY OF LEGAL ISSUES None. IV. WITNESSES A. LIABILITY. 1. Plaintiff, Barbara Sheaffer, biological mother of Bart Stuckey, Jr., 23 South St. Johns Road, Camp Hill, PA 17011, as on cross-examination. 2. Plaintiff, Bart Stuckey, Sr., biological father of Bart Stuckey, Jr., 6049 Linglestown Road, Linglestown, P A 17112, as on cross-examination. 3. Mr. Shen Brennan, 110 Arnold Road, Enola, PA 17025, will testify concerning the happening of the accident. 4. Paul E. Keys, 18 YMCA Drive, Duncannon, PA 17020, will testify as an eyewituess concerning the happening of the accident. 5. Mr. Brennan reserves the right to call as liability wituesses, those liability wituesses identified in Plaintiffs' Pretrial Memorandum, together with additional liability wituesses with notice to the court and Plaintiffs. 2 ." 1- "',, 1---- _"_' -.c"",,, , "',\\:'''" B. DAMAGES. 1. Plaintiff, Barbara Sheaffer, biological mother of Bart Stuckey, Jr., 23 South St. Johns Road, Camp Hill, PA 17011, as on cross-examination. 2. Bart Stuckey, Sr., biological father of Bart Stuckey, Jr., 6049 Linglestown Road, Linglestown, PA 17112, as on cross-examination. 3. Defendant, Shen Brennan, 110 Arnold Road, Enola, PA 17025. 4. Mr. Brennan reserves the right to call as damage witnesses those individuals identified in Plaintiffs' Pretrial Memorandum, together with additional damage witnesses with notice to the court and Plaintiffs. Iv. EXHIBITS A. LIABILITY 1. Diagram of accident scene. 2. Photographs of respective motor vehicles and accident scene, if available. 3. Police Accident Report 4. Deposition transcripts of witnesses. 6. Transcribed recorded statements of witnesses. 7. Mr. Brennan reserves the right to use as liability exhibits those liability ,exhibits identified by Plaintiffs in their Pretrial Memorandum, together with additional liability exhibits with notice to the court and Plaintiffs. B. DAMAGES 1. Selected medical records and/or bills of decedent, Bart Stuckey, Jr. exchanged during discovery. 2. Mr. Brennan reserves the right to use as damage exhibits those damage exhibits identified by Plaintiffs in their Pretrial Memorandum, together with additional damage exhibits with notice to the court and Plaintiffs. V. EXPERT REPORTS 1. None. 3 :: '," ,,-~ < I _ I ~ _, '-;c_" ,,'" ,'~,,-". ".' , VI. STIPULATIONS SOUGHT FROM OPPOSING COUNSEL A. That photographs of motor vehicles involved in the accident are admissible at the trial of this case. B. That photocopies may be used in lieu of originals C. That Plaintiffs' medical records qualify as business records pursuant to the Uniform Business Records as Evidence Act, 42 Pa. C.S.A. ~ 6108, without the need to call a foundation witness. VII. SPECIAL REQUESTS OR ADDITIONAL INFORMATION A. It is anticipated that this case will take one (1) day to try . B. It is requested that Mr Brennan be permitted to conduct the depositions of lay trial witnesses identified by Plaintiffs for the first time in their Pretrial Memorandum. VIII. VOIR DIRE None other than Rule 220.1 inquiries with appropriate follow-up questions. IX. ESTIMATED LENGTH OF TRIAL One (1) days. X. SCHEDUliNG PROBLEMS None. XI. EVIDENTIARY PROBLEMS None. XII. CURRENT STATUS OF SETTLEMENT NEGOTITATIONS Plaintiff's previous counsel has requested reimbursement of the outstanding medical fees as well as legal fees. However, settlement could not be obtained between Plaintiff's counsel and . and the Defendant. After, Plaintiff's counsel effectively withdrew his representation, Defendant offered to pay $10,000.00 of medical benefits coverage to directly any healthcare providers who have outstanding bills and who rendered treatment to Bart Stuckey, Jr. as a result of the motor vehicle accident of April 7, 1999. That money has only been offered if all other sources of medical benefits coverage under any other applicable automobile policies, specifically those of any resident relative in Bart Jr.'s household at the time of the accident, are non-existent. If there is no other source of medical benefits, Allstate would be willing to pay directly to the health care providers involved $10,000.00 towards any outstanding medical bills in exchange for a settlement of this law suit and your agreement to its discontinuance. To date, Plaintiff's counsel has not accepted that offer. 4 . I" . " Dated: 6 A /.,5 ", -,- ,- 1,----. "0 ,- ~<,,",;-'v'.. '-. .--,',,~ ,- ..:---,,",,,'\, Respectfully submitted, FLANAGAN and A cCall, LD. No. 83030 150 East Chestnut treet Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant 5 10;: ., -'""~ I J i""',__''', . -, '. ~"~, , . CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day I served a true and correct copy of the foregoing document, Defendants' Pretrial Memorandum, upon the following and in the manner indicated below. Service was made by and addressed as follows: United States. First Class Mail. Postage Prepaid Bart Stuckey, Sr., 6049 Linglestown Road Linglestown, PA 17112 Barbara Sheaffer 23 South St. Johns Road, Camp Hill, PA 17011 .Mc I.D. No.: 83030 150 East Chestnut S eet Lancaster, PA 1760 (717) 397-9444 . Attorneys for Defendant Shen Brennan Dated: 6' A;j' 1-. ." - i "I;, " . . .: ~, ,'. " ~'--, li-' .. FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, P A 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v. SHEN BRENNAN Defendant JURY TRIAL DEMANDED DEFENDANT BRENNAN'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT 1. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 2. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 3. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 4. Admitted. 5.-27. Denied pursuant to Pa.R.C.P. 1029. ,~ -j'- -I, -~ ,~" ' /,"~~-' , " """"'.A'~, ,. WHEREFORE, Answering Defendant requests that judgment be entered in his favor against all other parties to this action. NEW MATTER 28. Answering Defendant incorporates herein by reference the averments contained in paragraphs 1 through 27 of the foregoing Answer as if fully set forth herein. 29. The Plaintiffs may have failed to state a cause of action upon which relief can be granted. 30. The applicable statute of limitations may have expired prior to the institution of this action. 31. Answering Defendant was not negligent. 32. Any acts or omissions of Answering Defendant alleged to constitute negligence may not be substantial causes or factors of the subject incident and/or may not have resulted in the injuries and/or losses alleged by the Plaintiffs. 33. The incident and/or damages described in Plaintiffs' complaint may have been caused or contributed to by the Plaintiffs. 34. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiffs. 35. Plaintiffs may have assumed the risk, and been contributorily negligent. 36. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs may not have been proximately caused by answering Defendant. 37. Plaintiffs may not have properly mitigated his damages. . . __ I I 1 ~,' ..' <__ ; -- - ~ ,,_I ... 38. Plaintiffs may have selected or may be otherwise bound by the limited tort option pursuant to 75 Pa.C.S.A. ~1705 and is therefore, barred from recovery of non-economic damages because Plaintiffs' injuries, if any, do not constitute a serious injury as that term is defmed in 75 Pa.C.S.A. ~1702. 39. Some or all of Plaintiffs' damages may be barred by the provisions of 75 Pa.C.S.A. ~1720 and 1722. WHEREFORE, Answering Defendant respectfully requests that this Court grant judgment in his favor and against all other parties to this action. Date: ~ ~ D. Holbr ok Duer, Esquire------" I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan By: . ,,"' :__ I , '0 - ~" _ "_; .._ ' I -~.::i I I A VERIFICATION I, D. Holbrook Duer, Esquire, hereby verify that I am the attorney for the Defendant in the foregoing action and that the averments of the attached Defendant Brennan's Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. This Defendant Brennan's Answer and New Matter to Plaintiffs' Complaint is verified by counsel to permit timely fIling in compliance with applicable rules of civil procedure. I understand that I am subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities for any false statements made herein. Date:~ ~J I. I , " , .- ~, i~c- " ,', CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing Answer and New Matter on the following person and in the manner indicated below: First class mail, postage pre-paid: Charles W. Marsar, Jr., Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 Date: ~\ By: D. Holbroo er, Esquire LD. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan '.i~ _~,__,"~.",_" --:c;.; J-' ',:. _~ ~'N,~" ,'-:..;~-",:,- < - --~' ;~~~{-;;:--:;;~:..ti~,~;:;;,,: '''"''~.- "') -- ~;,,;- - ~-" ,"',:- , ~" ~ ~~ <i .' -',," '"", ,,' '" n c {' c -."> ?': '-. -0 ;:;. ~'; ,. L: ~~~! " c:: ~~ ~1.J ~,~ Z (- " ).--; C- -:",) ::-'::'1 -< ( ~) -< ,.."., " "., ," " . .. ~ .:-.. i' . . -Ot, . R. J. MARZELlA & ASSOCIATES, P.c. BY: Charles W. Marsar, Jr. Esquire Pennsylvania Supreme Court 1.0. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: 1717\ 234-6883 Attorneys for Plaintiffs , Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION - lAW BART STUCKEY,JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, DOCKET NO. 00-8131 Plaintiffs v. SHEN BRENNAN, Defendant : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATIER NOW comes, Plaintiffs, Bart Stuckey Jr., and Bart Stuckey Sr., and Barbara Sheaffer's reply to Defendant, Shen Brennan's, New Matter. 28. This paragraph does not warrant a response. " < - 29. The allegations herein state a conclusion oflaw to which no response is necessary. To the extent that a response may be required, it is specifically denied that Plaintiffs may have failed to state a cause of action upon which relief can be granted. 30. The allegations herein state a conclusion oflaw to which no response is necessary. To the extent that a response may be required, it is specifically denied that the applicable statute of limitations may have expired prior to the institution ofthis action. 31. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that Answering Defendant was not negligent. 32. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that any acts or omissions of Answering Defendant alleged to constitute negligence may not be substantial causes or factors ofthe subject incident and/or may not have resulted in the injuries and/or losses asserted by the Plaintiffs. 33. The allegations herein state a conclusion oflaw to which no response is necessary. To the extent that a response may be required, it is specifically denied that the incident and/or damages described in Plaintiffs' complaint may have been caused or contributed to by the Plaintiffs. 34. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that the negligent acts or omissions of other individuals and/or entities may have constituted 2 d, ~~--",. " "., ,- T.' ,,;, ,-., .;p.,,,,,!,'~",,>.l""' ,-',>-"~,,,_/ , -- -~-,- . .,> ,: -;',;':. ~ J' 'oU._"-, , intervening superseding causes of the damages and/or injuries sustained by the Plaintiffs. 35. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that Plaintiffs may have assumed the risk, and been contributorily negligent. 36. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that the incident, injuries and/or damages sustained by the Plaintiffs may not have been proximately caused by Answering Defendant. 37. The allegations herein state a conclusion oflaw to which no response is necessary. To the extent that a response may be required, it is specifically denied that Plaintiffs may not have properly mitigated his damages. 38. The allegations herein state a conclusion oflaw to which no response is necessary. To the extent that a response may be required, it is specifically denied that Plaintiffs may have selected or may be othelWise bound by the limited tort option pursuant to 75 Pa.C.S.A. S 1705 and is therefore, barred from recovery or non-economic damages. 39. The allegations herein state a conclusion oflaw to which no response is necessary. To the extent that a response may be required, it is specifically denied that some or all of Plaintiffs' damages may be barred by the provisions of 75 Pa.C.S.A. S 1720 and 1722. 3 .;o,Y, -, , WHEREFORE, Plaintiffs respectfully request that this Honorable Court grant judgment in their favor and against Defendant, Shen Brennan. R. J. Marzella & Associates, P.c. Dated: I /10 I .2001 4 .~--"' '" '.- ,.,-,.- \ CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served upon all Defendants this 10th day of January, 2001 , by way of United States postal service to the address as follows: D. Holbrook Duer, Esquire Flanagan and Benner 150 East Chestnut Street Lancaster, PA 17602 R.]. MARZELlA & ASSOCIATES, P.c. B~a~~D- . _.- 0-" '~-'l.....,.""",' _~~,~=____d ',",""".,",0 ""--'~" ~'.." -~ ="~O--..,ld"-J'~'.,,-o; ".__",,'., ,,' .. , FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 Attorneys for Defendant (717) 397-9444 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR" individually, and : BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v. SHEN BRENNAN Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY I WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of D. Holbrook Duer, Esquire and enter the appearance of Brian A. McCall, Esquire on behalf of Defendant, Shen Brennan. All papers may be served on Flanagan and Associates, 150 East Chestnut Street, Lancaster, PA 17602. FLANAGAN AND DUER ~~ - .H ookDuer,Esquire J.D. No.: 57324 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Dated: 1"\-8~C>:;l. FLANAGAN AND ASSOCIATES B' <::::: ". -)V1;-=~ i A. M.sCaH;- 0 . No. S3030 0'- 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Dated: t'\-e-o:l. . ~ , CERTIFICATE OF SERVICE ;<,c,. '~"'" _,', ,-~'_,___." I HEREBY CERTIFY that on this day I served a true and correct copy of the foregoing document, upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Bart Stuckey, Sf., 6049 Linglestown Road Linglestown, PA 17112 Barbara Sheaffer 23 South St. Johns Road, Camp Hill, PA 17011 FLANAGAN AND ASSOCIATES A. McCall, Esqu .: 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Dated: ~-;;;t li"u"- 1i-~'- '11t.!1iBl ~~. . -~ ,~ .. , _4':" . ~..",-~.,.:...~~ ' "~rIr"la:L\l~~~iRJIiiil"';."" ~, >~ .., -~.". ,->>- ,~,-" "~'. . ,. &"'w' .. ~ - -~ ,- d~ . o N ~ 2. ~ -OGl rnf'f\ '-?'~.-.'. ,&:.-,..,N ZI:;.. ~-I>';:'" ct) ~- z'-) ",,-.-0 ......c ; , '7..1 '.'1 :n J\: "~I ~'i ,ri l;';! ~cl .. i I .1 :1 ~"i 1 i :1 ,I 'I' ,; 11 , -D :X o -n -\ ;1:.::D , \'r-~ -tJ~ ??;6 _,":-1" ;~)f~ Zrn i2i ~D" ?i!. i il i,i !ii " I I ! i. I tf? .:? t'P ,~ ,- , o_,_~ ,- ''> ", 'If ~ '" .'N~",."", '" ~>'"" "'V.') (Must be typewritten and subnitted in duplicate) .--->- e TO ~ PIt1rHcN::JrARY OF CUMBERLAND CClUNI'Y Please list the following case: (Check one) ( X) for JURY trial at the next tenn of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption rn.;~' be stated in full) (check one) BART STUCKEY, JR., minor by and through BART STUCKEY, SR. his parep,t and natural~ (X) Civil Action - Law guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., ( Appeal from Arbitration individually, and BARBARA SHEAFFER, individually ( ) (other) (Plaintiff) vs. SEEN BRENNAN The trial lis t will be called on and 2/11/0 April 28, 2003 ( eefendan t ) Trials commence on Pretrials will be held on April 9, 2003 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) 00 8131 No. Civil 19 Indicate the attorney who. will try case for the party who files this praecipe: Brian A. McCall, Esquire Tndicate trial counsel for other partie~ if known: Date: ~r:1t,j C'3 Stuckev, Sr. (Dro Se) Signed:~1~W . Print Name-\' Br~an A. .. McCall Defendant, SHEN BRENNAN Attorney for: Barbara Sheaffer and Bart This case is ready for trial. - I ~ _~, u .........'''-'<;)1'-<''"'"'-,: '-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW , . BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., indiviually, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v. SHEN BRENNAN Defendant JURY TRIAL DEMANDED CERT~CATEOFSERVICE I, BRIAN A. MCCALL, hereby certifY that I have this day served the foregoing Praecipe For Listing Case For Trial on the following person and in the manner indicated below: Service by first class mail as follows: Bart Stuckey, Sr., 6049 Linglestown Road Linglestown, PA 17112 Barbara Sheaffer 23 South St. Johns Road, Camp Hill, PA 17011 FLANAGAN AND ASSOCIATES A cCall, I. . No.: 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant ~:"t_ff~@,IP~~~_a~w*~!'ii"r~;o,~n,*--w,;,~"i.,,_,,-~"",:;;G-:ii1't:i'",":'~1i"",IN;~.~~~'~~~'''i.illl~!Oi~~~~ ~~- ~ ,~.,- -~p " ~'^~~ ,-~~,~ ,~ ',,~-',"-, 0"_ ?, ,,<-- .,' .-'. "'- ---"'- 0 0 0 c: w " ~t: -n ..--l -on} 1-n '\,:;: n1rn co z:n t ~?;~ Lt, '-,. I 2Ci -u "-~~}, :0- .~ ~.', ::;....(1 x ~~~ ~(j r:-Y PC: ',J __I Z ~.. =<' :SOl (,o) -< , , t ~ _"" '~" . ~ .~~.."""~-, ",-, .- , . i; " I, ! I' l" I' Ii rl ii Ii :,1 I , ;1 'I II !! 1:1 pi q ii ;: I'i " :i ii Ii I' ,i i , , , , I II ii II Ii ii , :1 :i I ! II Ii Ii II " , _,~ )1_- 5. Bart Stuckey, Jr., minor by and through Bart Stuckey, Sr., his parent and natural guardian, and Barbara Sheaffer, his parent and natural guardian, and Bart Stuckey, Sr., individually, and Barbara Sheaffer, individually v Shen Brennan -~ - ,,-~-, --<,. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8131 CIVIL TERM ORDER OF COURT AND NOW, Apri11, 2003, counsel having failed to call the above case for trial, the case is stricken from the April 28, 2003 trial term. Counsel is directed to re1ist the case when ready. I}artS~y,)h., 1'Iu Se Barbara Sheaffer, Pro Se F or the Plaintiff Brian A. McCall, Esquire MUJJM ~ For the Defendant . r-. Court Administrator 1d By the Court, 1,3.03 ~. II i I i I Ij II 11 II ,,:~ JiU ,1ll!!4 ~ , """ < -~ , .~ ~< ~- ,-,~, ~- " or: r-'i~ ~:tJ-(.~f~;\y)[~ , '<" """'Y 'u ii"'!l 03 N'l? _ u II 2: I, <:; " CLh"i. ' IV7"Y-i"~: ":'_ .- PENNS\1(~~~(N7Y " '~( """"" J~~ i"I!l'!mll",~~l~9lil'l!l"~l'i!l"~~~. ~\l:)f~"I!ffi1w-){,,,,,,'W!~';;c'''''l'''~4'!FW;,,,r;;,ii'''l'''-i'''iiii:''lff''i'jlTIffil~~*ilI.t-HF1ffm:;2,_"O"IiWW\<~a:~"I'1,",~.,~~I~ ~." ~, J " IIi ~l!I!li!I!iULal2i' ill el&fSn~i!\.I!r --- ,TO THE PFOIliCtmAR'f OF CUMBERLAND COONr'f \. Please list the following case: (Check or.e) X) for JURY trial at the next teIlll of civil court. ( for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption llL'-' be stated in full) (check one) BART STUCKEY, JR., minor by and through BART STUCKEY, SR. his parent and natura12 (X) Civil Action - Law guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., ( Appeal from Arbitration individually, and BARBARA SHEAFFER, individually ( ) (other) (Haintiff) VS. SHEN BRENNAN The trial lis twill l::e called on ar'.d 6/10/03 7/7/03 ~ Trials commence on (OefenCant) I I (Erie:s ere due 5 days before pretrials.) I (The party listing this case for trial Shall! provide fortr.with a copy of the praecipe to all counsel, pu=suant to local Rule 214.1.) Pretrials will be held on 6/18/03 vs. 00 8131 No. Civil 19 Indicate the attorney wr.o will try case for tr.e perty wr.o files this pt"aecipe: Brian A. McCall, Esquire Tndicate trial counsel for other partie~ if known: Barbara Sheaffer and Bart 'tuckey. ~" sel, Sl.gned: , ' 'BR.IA ,A. cCALL, prin t l'lall'er This case is ready for trial. ESQ. Date: q )1/<53 f< , Attorney for: Defendant, SHEN BRENNAN " - .~ ~ " " ,-,' .. - - .11'- '", ..' ,;i'-..~.";. ,.._-, '" 'j..._,:,-.. __ -,' , . +... .;-,,0',', -' ';2z'~'[ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., indiviua11y, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v. SHENBRENNAN Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BRIAN A. MCCALL, hereby certifY that I have this day served the foregoing Praecipe For Listing Case For Trial on the following person and in the manner indicated below: Service by first class mail as follows: Bart Stuckey, Sr., 6049 Linglestown Road Linglestown, P A 17112 Barbara Sheaffer 23 South St. Johns Road, Camp Hill, PA 17011 FLANAGAN AND ASSOCIATES cCall, Esquire LD. No.: 83030 150 East Chestnut Street Lancaster, P A 17602 (717) 397-9444 Attorneys for Defendant ~-'~-.:,." ...~_~~~, '-~~!!I!I;~.i$Hi,.;j;ll~w.;!fW.,~'~J.M!W~;g~.Iit!''' k-,~-.UlUlI1H~ll\. ... . ~~" p- ",._n,,"">_" -., """""'lilAliiil!\'ii.ii\Ill~ ,) rn s- (,:1 2 :- $~~~:. s>~; "';:--, =2 , -'-'~-' . '~'J -~ (~l f",) .. s:) ._~~ ~-=-.::I; -i~.- ~.1'3 -- ,;.0 .-1 ..~ <~_ ~. C" ..A [ (1 ; [i ~ " , Ii: ! i \: , ! Ii i' I: I; 1'; C) Ii ~ j ~j i: ii I' r\ f: i Ii i_', " . "~ '""-" ~kf)rJ!r~:i,bf~g:~~if:?aJl\~~1ili~f-:w-%11;;';,it~~{'f;~%;_ , 'l4I!fl.~- _J.1, L4"~:,~'\l!!I ~ c" :>-cr: ..0 S~ 0.. Ow 02 z- -0::2 -'0 cr:-o: LU.. Wcr: :2::l ::lo 00 LU cr: -0: ::l'" a~ wR LU~ ~(t o - ILU ..-' cr:'!! ::l-' ocr: 0-0: o LU z o tJ>., Illllr -"Ai '~';';:::1"l1JJill II ,m. n. ~~~~"'\k" 1..-" Ql ro :t:ooo roa::-.:t QlCl)O ..c:"r--. C/J ro,"'" El:?<( roCl)a.. ,OCI) meui en () a5 <Ii g "5- :2:N-I t5 '" ... :c .. o o co ... '" '" ... ..'" ...CO """'CO ~==~<Cl ~Otnf'4= z_<~ Cll:ll:CCW=- Sh- W -I cc -ommo ~z:E~c.c.. ~Cl:::::J.....Q _wZ::;..~ c.:l~:Z::::iw ii:e;c.:lW~ ~-:::::JClC :::::Jwtn....z ~~OQ:::::J -cc~~ DD~ - - l( 'i r ~\i, M~ It; [ ~i R M - - -: "'.:: - - t .~ ..:: - - E - ""l: ..E J "'.:: ~ -- - .... .t;: ~ - - 1 1") .:<l (':' .'" 'I:l:I it) a ~ ... + 04:1 '!;t lS:t 1'" .... ':'.yti~;Z;:T,';;~:igi&i::%!:"ffjfZ'UW(Pli:':1E;l\0~fWJTZQi;-':.J)"""~A,"""D1;(:~~ ~ " " , " , 1""liliiIIiilI. ~~jH_ f" . ' ,,' 5. Bart Stuckey, Jr., minor by and through Bart Stuckey, Sr., his parent and natural guardian, and Barbara Sheaffer, his parent and natural guardian, and Bart Stuckey, Sr., individually, and Barbara Sheaffer, individually : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA V : NO. 00-8131 CNIL TERM Shen Brennan ORDER OF COURT ;'; AND NOW, April 1 , 2003, counsel having failed to call the above case for trial, th~ l!ase\iiJstrl6kenfrom the April 28, 2003 trial term. Counsel is directed to relist the case when iiiadyO" r " 'p_i-: ::-, By the Court, Bart Stuckey, Sr., Pro Se Barbara Sheaffer, Pro Se For the Plaintiff Brian A. McCall, Esquire ~Fof tlie Defendant ~7 _:' ", ,c, -- : : -;;'"1 T ,- 'T '" r' -, ,- -, '--;- :!- €burt"Adrrrlmstrator ,; ;.; , '::::(i' ;;j! r~'","~, ".~, _""'1'" '''l~'''''P..ffl R!'::CO" r:'I) '""Jib ~y~)i'" W i"rh,Jilll r;;: I'u, Iii rf9-~inM#fiY:\fhi$rOO".+1l1mlIlfmJ:W m~' il~:r<d aoo too &1 01 said Court at CarUs!<<!. ~. T~lIf ;57/0" ~f)~.~:,;;., I A~3. , Prothonotar\l ld ~ ,'. ) ,', . , ",_'____1 1,,-,-" - - ~~~"" "- 1e1Mn CASE NO: 2000-08131 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STUCKY BART ET AL VS BRENNAN SHEN CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BRENNAN SHEN was served upon the DEFENDANT , at 0019:00 HOURS, on the 29th day of November, 2000 at 138 WYOMING AVE ENOLA, PA 17025 TONI BRENNAN (MOTHER) by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 Sworn and Subscribed to before !TIe this /f'e. day of iC-,rt c:Lm;iJ A.D. /Lr- O. hui.t(-v ~ P othohotary , So Answers: r~~/~~c R. Thomas Kline 11/30/2000 R. J. MAR'ELLA &_ASSOCIATES~ By. ~~~ - Deput eri f -,-, ~, ^~ -,- <',.; '",- '-"---' FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., indiviuaIly, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v. SHEN BRENNAN Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the appearance ofD. Holbrook Duer, Esquire, and Flanagan and Benner on behalf of Defendant Shen Brennan in the above-captioned matter. All papers may be served at 150 East Chestnut Street, Lancaster, PA 17602. I hereby certify that I have this day caused a copy of the foregoing to be served upon opposing counsel by first class mail, postage pre-paid: Charles W. Marsar, Jr., Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 ER \;}\I<O\OO By: D. Holbr uer, Esquire LD. No. 57324 Attorneys for Defendant Shen Brennan .i:~'~ ""'..-'I;W~~1i~~d~i]i~ "~" ~, "'~ "",,- "'"'" ~. " '" ~.' 1m 0 c.. 0 c (:) -q 7' Cl ""0 OJ '71 " f11fl1 n 2::1"::) r::: Zr--' , :--il ~~;.: IJ:) _:."JC? r-o """ ~'~l~ ~8 ~ -;J'" zO -,Co ::::::;,~ C) -0 ~~rn Pc CJ -4 Z ,'0 )> =< ::0 en -< , -- .' ^" '--"-. ,,---, ,--, ,"'''''''',"''.tM" ~",,'" ..",w....-^-..,''2'~ <~ __j" ~, '''''~ ,.... , FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, P A 17602 (717) 397.9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v. SHEN BRENNAN Defendant JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT 1. Plaintiffs' commenced this action by complaint on or upon November 17, 2000 seeking damages for personal injury allegedly suffered in a bicycle/motor vehicle accident of April 7, 1999. 2. Plaintiffs' Complaint states a standard negligence cause of action alleging that while Plaintiff Bart Stuckey, Jr. was exiting a parking lot and attempting to cross over S. Enola Drive in East Pennsboro Township, Cumberland County, Pennsylvania on his bicycle on April 7, 1999 at approximately 5:00 p.m., he was struck by a vehicle proceeding southbound on Enola Drive operated by Defendant Shen Brennan. , .I" 3. The complaint alleges that Plaintiff was exiting a parking lot and there is no allegation in the complaint that Defendant had any type of traffic control device or otherwise did not have the complete right of way. The only substantive allegation of any violation of any provision of the motor vehicle code is at paragraph 26 (11) that he was traveling in excess of the posted speed limit. 4. There is no allegation in the complaint that Defendant was under the influence of any drugs or alcohol. 5. The allegations in the complaint consist of standard allegations of negligence concerning the operation of a motor vehicle. There is no allegation in the complaint of any "outrageous" or other conduct justifying the award of punitive damages. 6. The legal terms "reckless" and "careless" are used in the introductory portion of the standard negligence allegations contained at paragraph 26 but the use of such legal terms is insufficient to support a claim for punitive damages. 7. The request for relief in the compliant requests punitive damages without any legal basis and Defendant files these preliminary objections seeking the dismissal of Plaintiffs' request for punitive damages. WHEREFORE, Defendant requests that all claims for punitive damages contained in Plaintiffs' complaint be dismissed and stricken. By: 'tE -< D. Holbrook uer, Esquire LD. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan Date:1 J I {91 (f) ~. ""~~. w "" "",""""_,~"",~,,~,,_,,,,-___,,,",_~"_"~"o'O"'" ~';:'--'-""'7'~ ~ CERTIFICATE OF SERVICE I, D. Holbrook Oller, Esquire, hereby certify that on this day I have served the foregoing Preliminary Objections on the following persons and in the manner indicated. First class mail, postage pre-paid: Charles W. Marsar, Jr., Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 Date: 1;)/ {a/ro By: ~ . olbro uer, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan lilIlIili "'w,i-.o.. ,~ i-'~-~-'C""~"~'"'loi~lill"~.liI~~~"" o,~ , "" ~,' <jr" -~iIIilIJ' , ",... ~ - ,- >- ... . i I' ~ [; It., ~ ' [ f !' I 0 c.:J 0 S c '-,'j $.. Cl "".J -oc:~ 1-r'1 ..- "'F. c-) -:.;:~\:s 2;1' - :ZC u:> ':-3~.~ ~~~: ~C) 2: ,_-n ):::C) ~" -~2('~ - /--\T) 2,-, 0 -~ - :PC -I ';::' ~ N ::n (..'1 '< .g' ,-, -'.-'--'". "'~, '.' -',I ,,- ,__';;"-',' .-' ,. ~ '. ,"', ,--,W,~'_"-",," .,--x.,,,, L', -- " ;-<'~Yri' -- .. FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, P A 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v. SHEN BRENNAN Defendant JURY TRIAL DEMANDED DEFENDANT'S OBJECTIONS TO PLAINTIFFS' INTERROGATORIES AND DOCUMENT REOUESTS 1. INTERROGATORIES A. Beyond the scope of permissible discovery under Pa.R.C.P.4003.3: None. B. Beyond the scope of permissible discovery pursuant to Pa.R.C.P.4003.5: 22 C. Beyond the scope of permissible discovery under Pa.R.C.P.4003.1 and 4011: 12 ..-,--__'.'~-~.._c~,_~_"~OJ_,_~" ;',"',- -~~_"O' -,'.' .<_,,>,-v;.,,-,-_'c "'cv.:~.;"ii,jo;"~~~-,j"",~>,-"'_ '_,_: ;'~~ # II. REQUEST FOR PRODUCTION OF DOCUMENTS A. Beyond the scope of permissible discovery under Pa.R.C.P.4003.3: 7.12 B. Beyond the scope of permissible discovery pursuant to Pa.R.C.P.4003.5: 13 D. Beyond the scope of permissible discovery under Pa.R.C.P.4003.1 and 4011: None. Date:~'1IC7U By: ~ D. olbrook' r, Esquire - I.D. No. 57324 150 East Chestnut Street Lancaster, P A 17602 Attorney for Defendant Shen Brennan ~~ " =- -~- '""' "","~ "0-' .",-"-",,;.,r,'y'--- ",",-.__;; ","'_ ,0 '"",_,/"';-[_, ~'" .~_ --Y'. -t;~ CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I have this day served a true and correct copy of the Defendant's Objections to Plaintiffs' Interrogatories and Document Request on the following person and in the manner indicated below: First class mail, postage pre-paid: Charles W. Marsar, Jr., Esquire R.J. Marzella & Associates, P.C. 3513 N. Front Street Harrisburg, PA 17110 Date:~ro By: FL~ D. Holbrook Duer, Esquire LD. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan .ij ".iiII ~,__",,~,,~,~"~~. 0", -i'!I~ """"'ar"-'-'" ">,~=. '_>"_"r"'_'o,'.~ ~:irr-&b;l(~- B~~I~:~:_,~-;;"i.':'~~ifd d_ "' ~,~, ~" ~~ -'" ... ,~~' , ~' o ~ I~' ".'" ~::: c~j ,,"-. d::;c~' ~r'"~ )>'" ' c: z ~ -< ." '-,'- o () ~ci'~ ,- ~,;,,,:t I P,) ~'~ -r.:~ ~~) " .'L-, :;''; :~' ){'-ri ~J ~O -< w--'~. r. !I.!i . t , . .- FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, P A 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs v. SHEN BRENNAN Defendant STIPULATION No.: 00-8131 JURY TRIAL DEMANDED The parties to the above-referenced action by and through their respective counsel of record do hereby agree and stipulate that Plaintiffs' claim for punitive damages is stricken without prejudice. Date: ~l) By: ~&r= uM lk ' Charles W. Marsar, Jrf, ESquO . LD. No. 86072 3513 N, Front Street Harrisburg, PA 17110 Attorney for Plaintiffs y ^,',. , . , , , Date: J~118foo ~, " "'--~;c____^~"" _,".." , 'J'- ,.-~', O'"_J, ~"_;~r_,&_,',:"~i.,,,i_. ," '__i"';,,O ""-" , ~-j_"-:';'t:_;;~, By: olbrook Duer, Esqu' l.D. No. 57324 150 East Chestnut Street Lancaster, P A 17602 Attorney for Defendant Shen Brennan '-,~- ~ . "'=,'''''''''..... ""-",~ ;P,.'" "~~^., ,~~-""" ,. -"-~-' ",~, ~ ~ <, , ._-~,,,~,,-,,' ~ ~t::.ttti:i(] ~~~IiiNilllll~'Wi ";.....>,;'""......,l~ ., " ~", ," ~ --, " -~. o r;~ ....::::;-, -c c:~:: ~~-: Cf) ',:" / , ~C: ~~3 Pc: -.;': ::t ,.,,~, o . , " , .'CY;' "".. ,,:,- ; ..i\-q c....) :,~~: (j "'':.1, .-\-1 'f! :::> ';:~~ ~~~ 'J :::"i ....':> :;;:; -, "' .-- \ j FLANAGAN and BENNER BY: 1>. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, P A 17602 (717) 397-9444 -~ -- ~--- ,,- ~ "",- ","""., ,- .'" , ---~, '~'J~'-'"" ',- _,..:..,,;,.- _,;'", , , _ , ^'~- h'''~ Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs v. SHEN BRENNAN Defendant PRAECIPE TO THE PROTHONOTARY: No.: 00-8131 JURY TRIAL DEMANDED Please withdraw Defendant's Preliminary Objections to Plaintiffs' complaint filed in this matter. Date:~ ~AN & BENNER By: ~ . ~r, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan H _ ~ _ , '" ~ ,_4_, ,- ~ '<oC-"~' -"'-' . ,- '...: ~.;!<; -' .., I CERTIFICATE OF SERVICE I, D. Holbrook Oller, Esquire, hereby certify that I have this day served a true and correct copy of the Praecipe to Withdraw Defendant's Preliminary Objections to Plaintiffs' complaint on the following person and in the manner indicated below: First class mail, postage pre-paid: Charles W. Marsar, Jr., Esquire R.I. Marzella & Associates, P.C, 3513 N. Front Street Harrisburg, PA 17110 Date: ~I By: ~~ . Holbrook Duer, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan ,', ';"- , ,.~~_, _,~ "',"~, .~rl "~"-ili~ll':J ,,,,-- ,'_.~ ,.-.-'"'"-'- ~.",^",,=, ,-..<<~",'~'"""-u.'__( _7i!li!~ >" < ,.. " - "~ - ~~..' '~' C) c: spui :::-: ':- co" ~ ~,i.--, 4::: I;:"';! :l>C ~ :~< ._-,....... . C) _."--'~ ,,~-.,. c:) ~,j r~..} ~ t,) !.i'i ~ -,' __ _~_", ' '"..' .," "' "m,~ ,_,~>, '",~_,~> ,~,;;:-, ,'-',-".".', t '~~j , ~ FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, P A 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v. SHEN BRENNAN Defendant JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Shen Brennan for the Verification of D. Holbrook Duer, Esquire attached to Defendant Brennan's Answer and New Matter to Plaintiffs' Complaint previously fIled with the court. FLANAGAN and BENNER Date:~ By: ~,~ I.D. No. 57324 Attorney for Defendant Shen Brennan ,~~- -~ - , . ,.,-, ",-, ,,~" '-'r.;",'__""u;'.(~,"Ii';: ,-.~,,;:: ;c~'-..<" - ""-".,:';"-;..,"'"<. _,,,,,;,]j_;'-,;_,; ~"' . ~ , . VERIFICATION I, Shen Brennan, hereby verify that I am the Defendant in the foregoing action and that the averments contained in Defendant Brennan's Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, infonnation and belief. To the extent that the averments are based on an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities for any false statements made herein. Date: I - ()' - 4JI ~A Shen Brennan >" :..._.....~t,,*J!~ L~~ ^ ',"",,", ~, ~ "'~, "".=."",,- ~- "" ."-~"" ",0 _J_..., ,..;...... .~L-.;.-~1-1:Ii .=.......,""'"~'I!l!t.cl-~ ---''- ".~ "?,,," .~ , """''''"~.-,, ' ,- "', ' " ,~,-,- '.~' ,- ;"llifi ill,. "-' '''. . -~ " -" ~ ~ '~L.d;J' " 8 0 0 ~r,! $::', c.... -; ""OCiJ "'" ~~~ mm :z Z"::n N ZS;: ":'10 0,: N ~~~-() -<2. ~O <:l -:""=H ~8 :x QB ':9 (3 fT1 c: 5;1 Z w ::< ::0 O'l -< "' , , ... , "" , -", ~ ,- ',~ -=~l1~:J ~, . ~ R. j. MARZELlA & ASSOCIATES, P .C. BY: Charles W. Marsar, Jr. Esquire Pennsylvania Supreme Court 1.0. No. 86072 3513 North Front Srreer Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: 1717\234-6883 Artorneys for Plaintiffs Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, DOCKET NO. 00-8131 Plaintiffs v. SHEN BRENNAN, Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this day of ,2001, upon consideration of the Petition for Leave to Withdraw, it is hereby ORDERED that such Petition is GRANTED. Plaintiffs' counsel, R. J. Marzella & Associates, P.c., may withdraw as counsel on behalf of the Plaintiffs by filing the appropriate praecipe with the Prothonotary of Cumberland County. ,~ " ". '.--"" ,~ ',-, ~ ' ~C_ -~f^ ,11 . So that Plaintiffs may seek alternate counsel, Defendant is hereby ORDERED, for a period of not less than sixty (60) days from the date of this order, to take no action requiring a response from Plaintiffs, or otherwise prejudicing Plaintiffs' rights in this action. BY THE COURT: J. " '- ' ",'~ I .',-, ~~"~'1--U R.j. MARZELlA & ASSOCIATES, P.c. BY: Charles W. Marsar, Jr. Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg. PA 17ttO Telephone: (717) 234-7828 Facsimile: f7171234-6883 Attorneys for Plaintiffs Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARTSTUCKEY,jR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, DOCKET NO, 00-8131 Plaintiffs v. SHEN BRENNAN, Defendant : JURY TRIAL DEMANDED PETITION FOR LEAVE TO WITHDRAWAL 1. Counsel for the above-named Plaintiffs, R. j. Marzella & Associates, P.c., hereby petitions for leave of Court to allow R. J. Marzella & Associates, P.c. to withdrawal as counsel for the Plaintiffs in the above-captioned, Cumberland County Civil Action, Docket Number 00-8131, and in support thereof avers as follows: 2. This negligence action was commenced on or about November 18, 2000 by the filing of a Complaint. '" " ~ - 3. Because of professional considerations that have been fully disclosed to the Plaintiffs, R. J. Marzella & Associates, P.c., is no longer able to pursue this lawsuit on behalf of the Plaintiffs. 4. Plaintiffs are aware of, and do not object to, this Petition for Leave to Withdrawal. 5. On March 21, 2001, Plaintiffs were instructed and advised by counsel that she may seek alternative counsel to continue the pursuit of this action, or she may continue the suit pro se. 6. Plaintiffs' counsel believes, and therefore avers, that the Plaintiffs are seeking alternate counsel to continue the pursuit ofthis action. 7. So that Plaintiffs may have ample time to locate alternative counsel, counsel is requesting that Plaintiffs be given sixty (60) days from the date of this Court's Order, granting leave to withdrawal, to obtain alternative counsel and requests that, in the interim, no action be taken by Defense Counsel to prejudice Plaintiffs' rights. WHEREFORE, Plaintiffs' counsel respectfully requests that this Honorable Court grant leave for its withdrawal as counsel of record on behalf of Plaintiffs, and permit the Plaintiffs a period of not less than sixty (60) days to obtain new counsel. and, in the interim, no action be taken by Defense Counsel to prejudice Plaintiffs' rights. R.J. Marzella & Associates, P.c. By: . ,Marsar, r., e Attorney dentification No. 86072 Dated: '5 / 2./ I .2001 2 .,' , ,~ , --- 'i' CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., HEREBY CERTIFY that true and correct copies of the foregoing Plaintiffs' Petition For Leave To Withdraw was served upon all counsel of record this '7- r" day of _Me, 1'"'(1, , 2001, by depositing said copies in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: D. Holbrook Duer, Esquire Flanagan and Benner 150 East Chestnut Street Lancaster, PA 17602 Counsel for Defendant, Shen Brennan Bart Stuckey, Sr. P.O. Box 90014 Harrisburg, PA 17109 Barbara Sheaffer 4 East Pine Street Enola, PA 17025 R.j. MARZEUA & ASSOCIATES, P.c. ~- ^" ~: e",,_, ,~,,' ,__,,~,~, < , ~..~"" bh ~,'~- -. ->~, " -~~!ih~~'''"''''' ~- .',", -, -~." "',' > ='"..~""-' "~ -,' <"' ,~, ., " o C ".. -ur''''; rn ,~L ;;.' Ii i (~_~,~1 ~-'-" ~'C; ;;;"t.? .PC:! 2:- ::< ^' . t:-? -:.-'1 Co o ',.,) -ri .~.-.", -,.. ".",. :;0 f'<> CO (":'1 ,,"~ -:::: -,- "-'-.. ,,) :"-1 i1 -< ""- , ,'c " ~ - ~ . '. .-- oJ- ,,~__I~ ' "I("d__ ; "_^_" ,.' .,'1 ",',--,.c-:--'"" ~ - ,.~,: , , BART STUCKEY, JR., A minor by and through BART STUCKEY, SR., His parent and natural guardian, and : BARBARA SHEAFFER, his Parent and natural guardian, and BART STUCKEY, SR., individually,: And BARBARA SHEAFFER, Individually : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. SHEN BRENNAN : NO. 2000-8131 CIVIL ORDER OF COURT AND ~OW, this 3RD day of APRIL, 2001, a Rule is issued upon plaintiff and defendant to Show Cause why plaintiffs counsel's Petition for Leave to Withdraw should not be granted. Rule returnable twenty (20) days after service. uido, J. . ~) :JY~\ ~<< O~-O,~ ,/D. Holbrook Duer, Esquire 150 East Chestnut Street Lancaster, Pa. 17602 "'Bart Stuckey,:Sr. P.O. Box 90014 Harrisburg, Pa. 17109 v Barbara Sheaffer 4 East Pine Street Enola, Pa. 17025 v'l)lIue./~ m~trSI'lL l./71. ~~. , / , " ",~m!l!l ~ ,,. " " ^ ,~ " 'f,,[I!I1l' ~ '~-""""_~'* -,"~ ' ""," ";,,,->.,-, . .~- '-,,,,"'. .,,; ,-, "'~, !'!'_:rNJ'( 01 rlPR---J r>;-j.'3: IS '''''U':''''!C;!~.' N"'L'I"T'y v ,',;l..",_;.!..... \..11..,./ \II PENNSYLVANiA ~. ,~~:~"~W>;jjiJ'J~JW~I" ,~"_",",,,I~."_~_,-- <'" ""~""",-,<,,,,"- ",,',<, ,-." ""'~,' "-" .'.~c-' ''''r~.Jl!Il!l\IIWl,_,< "u ,-J " - 'iti ,.: R.J. MARZELlA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr. Esquire Pennsylvania Supreme Court 1.0. No. 86072 3513 North front Street Harrisburg, PA 171 10 Telephone: (717) 234-7828 facsimile: 1717\ 234-6883 Attorneys for Plaintiffs Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY,JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, : DOCKET NO. 00-8131 Plaintiffs v. SHEN BRENNAN, Defendant : JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE 1. On or about March 28, 2001, Plaintiff's counsel filed a Petition For Leave to Withdrawal. 2. On or about April 4, 2001, this Honorable Court issued a Rule to Show Cause, which was returnable twenty (20) days after service. 3. None ofthe above-captioned parties responded within the twenty (20) day time period. , 1 ' ",~ .. 4. Now, April 30, 2001, Plaintiffs' counsel files this Motion to Make Rule Absolute. WHEREFORE, Plaintiffs' counsel, R.J. Marzella & Associates, P.c., hereby request this Honorable Court grant this Motion To Make Rule Absolute thereby effectively granting R.j. Marzella & Associates' withdrawal as counsel and permitting the Plaintiffs a period of not less than sixty (60) days to obtain new counsel. R. j. Marzella & Associates, P.C. By: es , Marsar, Jr., uire Attorney Identification No. 86072 Dated: /Jpo ,{ .3 0 . 2001 '" ~ " 2 - l" ,~~ ",k , ,-. 'nr-i'l I I I i i I I I I I i \ I # CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe To Make Rule Absolute was served upon all Defendants this 30" day of April,2001 , by way of United States postal service to the address as follows: D. Holbrook Duer, Esquire Flanagan and Benner 150 East Chestnut Street Lancaster, PA 17602 R. J. MARZELLA & ASSOCIATES, P.c. ~~- . - ,^,," ",,_ cL ''''","~~,~.w _"','_~ ,. , -Jj ,~~- ~ - ,~,.;..,~~-"" ,'< , ~1IiilIi!i' ~ci~_w.. . ,-"'~,.. ,,"i't~'> ",'~ "~_'_. ,. 'L' ..,,,~- -, .~, - .' (') C) 0 c: -n >>- ::e LJe?'i ::;1 1T1r.{ ;>;0. f?ci IS 2:_,(J -< Z"c-- , ""1;'1', (/)"", N --:,~:;C7 ;Sf::; c, --ry ;:;:J ~J~: -:.-~ ::::0 ::1::- ~':?';<3 pO ~ :=}i\'1 C 2: 01 ~ =< ::0 C::J -< -..' - Ool" "i ,-I, " R. J. MARZElLA & ASSOCiATES, P.c. BY: Charles W. Mars;;;::Jr. Esquire Pennsylvania Supreme Court 1.0. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: {717) 234-7828 Facsimile: (717) 234-6883 MAY 0 3 200~ Attorneys for Plaintiffs Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION -lAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, DOCKET NO. 00-8131 Plaintiffs v. SHEN BRENNAN, Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this l~ , 2001, upon consideration ofthe tIt"r day of Petition for Leave to Withdraw, it is hereby ORDERED that such Petition is GRANTED. Plaintiffs' counsel, R. J, Marzella & Associates, P.c., may withdraw as counsel on behalf of the Plaintiffs by filing the appropriate preacipe with the Prothonotary of Cumberland County. ~-~~' " ""j '~.: -~'" -'I "'-,' j~ ~ ...' "',,;; ,., So that Plaintiffs may seek alternate counsel, Defendant is hereby ORDERED, for a period of not less than sixty (60) days from the date of this order, to take no action requiring a response from Plaintiffs, or otherwise prejudicing Plaintiffs' rights in this action. BY THE COURT: ~oY ).1) yJ ~ , - >-.. ,~, , ,~. ,L~ ~. .~, "~ - ~>-~" OF 01 r1tY-8 'll"ID:28 1.,1 _ CUi~1i:J[F(',i,![) COUNTY PENNSYLv'/WIA ~.. 1il/i.lI'-!t.~ ,~~ ~lU~~~, E! ~,_>_. ,~.,->< , ''''''''-''.'''< II !l!1Ali1!ll!i:l!! "WJ:~ - -. , jlA1i~h;. to R. J. MARZELlA & ASSOCIATES, P.c. BY: Charles W. Marsar, Jr. Esquire Pennsylvania Supreme Court LD. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: 1717l 234-6883 Attorneys for Plaintiffs Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION -lAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, DOCKET NO. 00-8131 Plaintiffs v. SHEN BRENNAN, Defendant : JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO: Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 Kindly withdraw my appearance in the above-referenced action. By: Dated: ~Jv\"" 20. 2001 .,.. ~, , ~ - ~ , CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., HEREBY CERTIFY that a true and correct copy of the foregoing Withdrawal of Appearance was served upon all Defendants this 20th day ofjune. 2001 , by way of United States postal service to the address as follows: D. Holbrook Duer, Esquire Flanagan and Benner 150 East Chestnut Street Lancaster, PA 17602 R.j. MARZELlA & ASSOCIATES, P.c. ~"_..,.",,,-..r.#t'l~~~~~i"--"""'W[m'';;''i@:i;~ill!i;i!.~\l~~'l!!\'!.,~~~r ,.. , ""_f ,~V,,",. ~=",~ ~~-, ,""" --~" ~, ~, ~, " -'~ ~,~,' ~--" ~, ", 115' .AlL ~"~ '~"""-~ n. , - ~ ~ ~ (') CJ C ~ , -, ~,~ ,- ,~ 0, (~- nil'T1 ~i;... ,- Z '~"l -'- _.~-' 1'.) , ~~" , ,- .- " ") r:'~' '" < ,,--.,- ..~V -' )>c; 2'5 Zn .~\T\ )-~c :1 ~ U1 ?D -< "'''' > '-N_"'_" ^i-C--' ." hi, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . STUCKEY JR Vs. BRENNAN NO. 008131 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 BRIAN A MCCALL, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 09/12/03 ~~ BRIAN A MCCALL, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 717-397-9444 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) By: Sandra Otto File #: M302596 s~ ''''', .., ~ , ..~ '0-'_",,/' I~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STUCKEY JR Vs. BRENNAN No. 008131 TO: BART STUCKEY BARBARA SHEAFFER -~ NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 08/21/03 BRIAN A MCCALL, ESQUIRE 150 E CHESTNUT ST LANCASTER, PA 17602 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Sandra Otto Enc(s): Copy of subpoena(s) Counsel return card File #: M302S96 '-; ,_ j "",1-- ~ ' , 0< , I "rr ,,-; aJMMJNWEl\LTH OF ~VANIA rouNl'Y OF CUMBERIAND STUCKEY JR VS. ,Fi Ie No. 008131 BRENNAN \1-" SUBPOENA TO PROOlX:E OOCl.t1ENTS M%9Ms BILLING REQUESTED FOR DISOOVERY PURSUANT TO RULE 4009.22 LIBERTY MUTUAL INS CO, PO BOX 1128, BLUE BELL PA 19422 TO: __!\.TTN: MONICA HOLLAND (Neme of Person or Entity) Withih twenty (20) days after, service of this subpoena, you are ordered by the cQur-t to pr'oouce the fo 1 lowing doct.rnentl'l or thing~: SEE A'ITAClllilJ ADDENDU1\tI at MEDICAL LEGAL REPRODUCTIONS(A~~~st940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested hi t.his subpoena, together with the certificate of call1liance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonab IE cost of pre?aring the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving thi<; !,ubpoena may seek a court or'de'- if...fq)e 11 ing you to call1ly with it. TH I,S SUBPOENA WAS NAI'E : ADDRESS : I SSUEO AT THE REQUEST OF THE FOLLON I NG PERSON: BRIAN A MCCALL, ESQ 113 Q ECIJ]1S\TNF'T' ST LAl'IICA::;'!~K, FA 17602 TELF.PHONE: SUPREH:; COURT 10# ATTORNEY FOR: 215-335-3212 DEFENDANT BY THE COURT: Division M302596-01 DATE:"_ (;>LLA>4U}- die. ,;2~ -:--searOfthe' Court --.DePuty (Eff ~ 7/9 n . ADDENDUM TO SUBPOENA 'STUCKEY JR Vs. BRE:NNAN No. 008131 CUSTODIAN OF RECORDS FOR: LmERTY MUTUAL INS CO **SEE ATTACHED ADDENDUM** CLM #AL83011382901 PERTAINING TO: NAME: BART (DEC'D) STUCKEY JR ADDRESS: 141 S ENOLA DR ENOLA PA DATE OF BIRTH: 06/15/84 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ) RECORDS ( ) X-RAYS PATIENT BU,LING RECORDS / XRAYS have been destroyed .Authorized signature 'for LIBERTY MUTUAL INS CO Date CUMBERLAND M302596-01 *** SIGN AND RETUQ;N THIS PAGE *** ~ '" , ~ .~ '"'"~' 0 '.c ,'~'" ' il!.... ,--.-..-,---- M'T L L~ R MEDICAL LEGAL REPRODUCTIONS. INC. Main Office 4940 Disston Street Philadelphia, Pa. 19135 Phone: (215) 335-3212 Fax: (215) 338-2980 E-mail Address:legal@medleg.com Jefferson Bldg., Suite 926 1015 Chestnut Street Philadelphia, Pa 19107 ~-~ ADDENDUM L:IBERTY MUTUAL :INS CO ALL RECORDS INCLUDING BUT NOT LIMITED TO, MEDICAL RECORDS, BILLING STATEMENTS, INVOICES, CORRESPONDENCE, PHOTOGRAPHS AND ANY OTHER DOCUMENTS REFERENCING A FIRST-PARTY CLAIM FOR BENEFITS MADE ON BEHALF OF BART STUCKEY, JR A MINOR, AS A RESULT OF INJURIES SUSTAINED FROM AN ACCIDENT WHICH OCCURRED ON APRIL 7, 1999. CLAIM #AL83011382901; INSURED: BARBARA MORGAN East Gate Center. 309 Fellowship Rd.. Mt. Laurel, NJ 08054 625 Liberty Avenue., Suite 2800 C~G Tower, Pittsburgh, Pa 15222 (800) 436-1479 :~'~""'-"ii![t'~"' Ililifliiliif~11;j~i!il~~~~j;:jti~;.:.-ih',"",-L~-).@f~"de,~;;~'F' Iii~ '., ~ '4 liIII~'U"~ ,,< o c -o~F mf(' 2": (}:' (J], r:::f ~~ ,- z j';'C,. ,,~ -.;;:-- :.~~ ~ ""' ~ c:. C') o 'T1 cr.> ~-'q --0 !J i- -,;Z \D _n,-, ~0 :.n ;:;,,:;: . u "iTl - .-J ~ :D -< ~ --, " FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire I.D, No, 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 , " -'",'<';"- ,.,-,,- ".--,",,',", ,,-" ,'--~ ,--'~-'.~ ,.--"-,,-',,;~,..,';.,,,-,,--,-~, ",,--';"';"~'j Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natnral guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs v. SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED PRAECIPE TO SETTLE. SATISFY. & DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued with prejudice and costs paid. Bart Stuckey, Sr. (date) Individually and as Parent and Natural Guardian of Bart Stuckey Jr. 141 South Enola Drive Enola, Pa 17025 Barbara Sheaffer (date) Individually and as Parent and Natural Guardian of Bart Stuckey Jr. 377 Pine Oak Lane Carlisle, Pa 17013 r . McC 1, Es uire Attorneys for Bilhnan I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 ~- _._~~".~ - J, _", , , " ,>lit"','l I ! . ,. FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire 1.0, No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v, SHEN BRENNAN Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE. SATISFY. & DISCONTINUE TO THE PROTHONOTARY: Pleasem~kJhe above matter settled, ended, discontinued with prejudice and costs paid. ti~~/~ art Stuckey, Sr. ( at Individually and as Parent and Natural Guardian of Bart Stuckey Jr. 141 South Enola Drive Enola, Pa 17025 FLANAGAN and ASSOCIATES Brian A. McCall, Esquire (date) Attorneys for Billman J.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Barbara Sheaffer (date) Individually and as Parent and Natural Guardian of Bart Stuckey Jr. 377 Pine Oak Lane Carlisle, Pa 17013 _,.''''_u"_'''_''. ,'", _,",,,,,-", ,';.'"""'t'''' ,-'~,;,- '':';'~"i ,~,,: ."',.-~'h_&;;, '""":',,j,,,, ,.,,)--',.; 0'_-,;,."",_, '" '~t:' # . FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire LD. No, 83030 150 East Chestnut Street Lancaster, P A 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 v. SHEN BRENNAN Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE. SATISFY. & DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued with prejudice and costs paid. FLANAGAN and ASSOCIATES Bart Stuckey, Sr. (date) Individually and as Parent and Natural Guardian of Bart Stuckey Jr. 141 South Enola Drive Enola, Pa 17025 Brian A. McCall, Esquire Attorneys for Billman I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 (date) C/ Barbara Sheaffer (date) Individually and as Pare t and Natural Guardian of Bart Stuckey Jr. 377 Pine Oak Lane Carlisle, Pa 17013 , ,,~ ""' '".n'__ ~_,,,,,..,,,,,,-, , ',,' ''''",'' >,,~ "..-"" N"", ..,'", ",",.' ,,,,-"'~' "''''"1''-'''''---- "c__, "';~;1 DISCONTINUANCE CERTIFICATE AND NOW, llpll\ L~ J. I;:) DOl..{ suit has been marked as above directed. Date: 4 /~ I btf " .'0 ~ w" ",'" ,~ ,. ,", ~ . _k,'Y"'''~'_'' "'" '" '"~"j'''''' '<",'. ," :"";'Ui CERTIFICATE OF SERVICE I, Brian A. McCall, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing Praecipe to Settle, Satisfy, and Discontinue on the following person(s) and in the manner indicated below: By United States, First-Class Mail, Postage Pre-Paid, addressed as follows: Barbara Sheaffer 377 Pine Oak Lane Carlisle, Pa 17013 Bart Stuckey, Sr. 141 South Enola Drive Enola, P A 17025 FLANAGAN and ASSOCIATES ....,:::. '6 A. Mc a 1, qUITe 50 East Chestnut Lancaster, P A 17602 (717) 397-9444 Attorney for Defendant Shen Brennan Date: If./. 01 jJ,a "-~, "~ "~ " > > , > ,> ~'.'c c, -"""",t;j , "";;;':,,,c....- _",c_C, C,',",', ,-'~ .~~ ""-,," _'_e, " ,,~, ~, .,--- Q C ~..". r-" e::.."). = .>=' <;; :;0 \ 1'" ---:J\:(; ,=)f,;~ 9~- (]i. ~C) J:."'.C":) ;'~,t) 7C: -3 tj ~ . '"'" :$ o -n .--' :r:,...... rrl--' -o~ :31: {~..{Q ~" -~...... <;40 .-.-(1"\ ~:), 2 3.: <f? o OJ R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (7171234-6883 Attorneys for Plaintiffs, Bart Stuckey, Jr. Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT[ON - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, Plaintiffs SHEN BRENNAN, Defendant : DOCKET NO. C3rh -- ¢~2)12[ : JURY TRIAL DEMANDED NOTICE TO DEFEND 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 that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccioned a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo pot cualquier suma de dinero reclamacion o remedio solictado por el demandante puede ser dictado en contra suya por la Cone, sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. $1 USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiff, Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, Plaintiffs DOCKET NO. Mo SHEN BRENNAN, Defendant : JURY TRIAL DEMANDED COMPLAINT 1. Bart Stuckey, Jr., Plaintiff, was a minor at the time of the incident, who, at all relevant times, resided at 141 South Enola Drive, Enola, PA 17025. 2. Bart Stuckey, Sr., Plaintiff, is an adult individual, who at all relevant times resided at 141 South Enola Drive, Enola, PA 17025. 3. Barbara Sheaffer, Plaintiff, is an adult individual, who at all relevant times resided at 230 Crossroads Road, Lykens, PA. 4. Shen Brennan, Defendant, is an adult individual, who at all relevant times resided at 138 Wyoming Avenue, Enola, PA 17025. 5. On or about April 7, 1999, Bart Stuckey Jr. (hereinafter Bart Jr.) was riding his bicycle with friends around 56 South Enola Drive, which is located in Cumberland County. 6. At approximately 5:00pm, Bart Jr. decided to ride his bicycle from the parking lot of 56 South Enola Drive to the other side of the street. 7. When Bart Jr. looked to see if the road was safe to cross, he did notice one car at a great distance traveling south-bound on Enola Drive. Seeing that there was no immediate traffic, BartJr. began to across the street. 9. As he proceeded to the middle of the street, the car that was traveling south-bound on Enola Drive approached him at an excessively high rate of speed. 10. By the time Bart Jr. made it to the middle of the street, the car was nearly on top of him. 11. One of his friends yelled out for Bart Jr, but by the time he turned his head, the car, driven by the defendant, had plowed into Bart Jr. after skidding nearly sixty (60) fret. 12. Bart Jr. was struck with such force he was thrown through the air landing street. 13. The impact of the defendant's automobile with Bart Jr.'s body caused him severe injuries. 14. As Bart Jr. lay there on the street, the Pennsboro Police and an Enola EMS crew arrived on the scene. 15. Bart Jr. was rushed to Polyclinic Hospital with numerous serious and permanent injuries. 16. At the time of the admission to Polyclinic Medical Center, Bart Jr. was diagnosed as suffering from a broken clavical, broken humerus and broken femur. 17. Lengthy hospitalizations and multiple procedures were necessary in order to treat Bart Jr.'s extensive injuries. 18. As a direct and proximate result of the negligence of Defendant in causing or contributing to the collision, Plaintiff, Bart Stuckey Jr. has suffered severe and permanent injuries and damages as detailed below. 19. As a direct and proximate result of Defendants' negligence as alleged herein and incorporated by reference, Plaintiffs, Bart Stuckey Jr., Bart Stuckey, Sr., and Barbara Sheaffer have been, and will continue to be, forced to incur liability for medical treatment, medicines, hospitalizations and similar miscellaneous expenses throughout his life and a claim is made therefore. 20. As a direct and proximate result of Defendants' negligence as alleged herein and incorporated by reference, Plaintiff, Bart Stuckey Jr. has undergone and in the future will undergo great mental and physical pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment and a claim is made therefore. 21. As a direct and proximate result of Defendants' negligence as alleged herein and incorporated by reference, Plaintiff, Bart Stuckey Jr. has been and in the future will be subject to great humiliation, disfigurement and embarrassment and a claim is made therefore. 22. As a direct and proximate result of Defendants' negligence as alleged herein and incorporated by reference, Plaintiffs, Bart Stuckey Jr. and Bart Stuckey, Sr. have sustained in the past and will sustain in the future a loss of earnings, a permanent impairment of their earning power and capacity and a claim is made therefore. 23. As a direct and proximate result of Defendants' negligence as alleged herein and incorporated by reference, Plaintiff, Bart Stuckey Jr. has been advised and therefore aver that the damages and injuries alleged herein are permanent and a claim is made therefore. 24. As a direct and proximate result of the negligence of Defendant, the vehicle driven by the Defendant collided with Bart Jr. causing Bart Jr. to sustain severe, extensive and permanent personal injuries including but not limited to a broken clavicle, broken humerus, and broken femur and numerous other areas of injury and pain requiring medical treatment and therapy, and may require medical treatment and therapy in the future, and a claim is made therefore. COUNT I BART STUCKEY JR., et al. VS. SHEN BRENNAN 25. The allegations contained in Paragraphs 1- 24 of Plaintiffs Complaint are incorporated herein by reference as if fully set forth. 26. Regarding the accident, which is the subject matter of this Complaint, Defendant was negligent, careless, and reckless in the operation of a motor vehicle in the following particulars: (a) operating his vehicle in violation of the ordinances of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles, including reckless driving, which constitutes negligence as a matter of law; (b) failing to have the vehicle under proper and adequate control in order to stop or avoid striking Batt Jr.; (c) failing to keep an appropriate lookout to avoid striking Bart Jr.; (d) failing to maneuver his vehicle appropriately in order to avoid striking Bart Jr.; (e) operating the vehicle without due regard for the rights, safety, well being, and position of Bart Jr. under the circumstances; (f) failing to lawfully yield to a pedestrian crossing the street in a residential area; (g) traveling at an excessive rate of under the circumstances; (h) traveling in excess of the posted speed limit; (i) failing to appropriately judge the time and distance available to safely come to a complete stop before striking Bart Jr. 0) failing to adequately maintain the vehicle, including but not limited to, maintenance of the brakes and other stopping devices; (k) failing to warn the pedestrian of his rapid approach in any fashion, including but not limited to, blowing his horn. 27. Defendant Brennan is liable to the plaintiffs, Bart Stuckey Jr., Bart Stuckey Sr., and Barbara Sheaffer for the injuries and damages as alleged herein as set forth in paragraphs nineteen (19) through twenty-seven (27) above, which are incorporated herein by reference as if set forth at length. WHEREFORE, Plaintiffs, demand judgment against Defendant, in an amount in excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), together with interest and costs thereon as allowed by law, and requests punitive damages. Respectfully submitted, R.J. Marzeila & Associates, P.C. Attorney lffentification No. 86072 Dated: November 15, 2000 6 VE~FIC. ATION I, Bart Stuckey, Jr., do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties o~ 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: Bart Stuckey, J?(. VERIFICATION I, Bart Stuckey, Sr., do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: VERIFICATION 1, Barbara Scheaffer, do hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Barbara Sch~affer~ Dated: CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was served upon all Defendants this 15ta day of November, 2000, by way of United States postal service to the Cumberland County Prothonotary, whereupon the Cumberland County Sheriff hand-delivery, to the address as follows: Shen Brennan 138 Wyoming Avenue Enola, PA 17025 R.J. MARZELLA ih ASSOCIATES, P.C. By: Ch~ SHERIFF'S RETURN - REGUI~AR CASE NO: 2000-08131 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STUCKY BART ET AL VS BRENNAN SHEN CPL. TIMOTHY REITZ Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon BRENNAN SHEN the DEFENDANT , at 0019:00 HOURS, on the 29th day of November , at 138 WYOMING AVE ENOLA, PA 17025 TONI BRENNAN (MOTHER) a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, together with by handing to 2000 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 9 30 00 10 00 00 37 30 Sworn and Subscribed to before me this /~ day of thonotary So Answers: R. Thomas Kline 11/30/2000 R. J. MARZELLA & ASSOCIATES By: / ~ FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 1~0 East Chestnut Street Lancaster, PA 17~02 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., indiviually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of D. Holbmok Duer, Esquire, and Flanagan and Benner on behalf of Defendant Shen Brennan in the above-captioned matter. All papers may be served at 150 East Chestnut Street, Lancaster, PA 17602. I hereby certify that I have this day caused a copy of the foregoing to be served upon opposing counsel by first class mail, postage pre-paid: Charles W. Marsar, Jr., Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 By: I.D. No. 57324 Attorneys for Defendant Shen Brennan FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs No.: 00-8131 SHEN BRENNAN : Defendant : JURY TRIAL DEMANDED JUN '1 2 ~003 ~ DEFENDANT BRENNAN'S PRETRIAL CONFERENCE MEMORANDUM AND NOW, comes Defendant, Shen Brennan, by and through his undersigned attorney, FLANAGAN and ASSOCIATES, and submits the following Pretrial Conference Memorandum pursuant to Pa.R.C.P. 212.2 and Cumberland County Local Rule 212-4. L STATEMENT OF BASIC FACTS AS TO LIABILITY AND DAMAGES The accident which forms the basis of this lawsuit occurred on April 7, 1999 at approximately 5:00 p.m. on South Enola Drive in East Pennsboro Township, Cumberland County. The Plaintiff, Bart Stuckey, Jr., then 14 years of age, bicycled out of a parking lot at 56 South Enola Drive, across the northbound lane of S. Enola Drive and into the southbound lane directly into the path of a motor vehicle operated by Shen Breunan. Enola drives has two lanes separated by double yellow lines, one heading northbound and the other southbound. Mr. Breunan had the right of way. Mr. Brennan slammed on his brakes to avoid Bart Stuckey Jr., who had darted out in front of him. Plaintiff was apparently attempting to cross both lanes of traffic in a perpendicular fashion and then ride up onto the opposite sidewalk. The speed limit in the area is 25 mile per hour. As a result of the accident, Bart Stuckey, Jr. had allegedly sustained injury in the nature of a fractured clavicle, humerus and femur. Plaintiff has alleged to have sustained medical bills of $30,744.95. However, the medical bills list two sources of first-party medical benefits, Progressive and Liberty Mutual. As to liability, Defendant believes he was confronted with a sudden emergency. Moreover, Defendant believes that there was nothing he could do to avoid the accident in question and that he was not negligent in causing the accident. In January 2001, Bart Stuckey, Jr. was killed in a tragic and unrelated motor vehicle accident. Shortly thereafter, Plaintiff's counsel filed a Petition for Leave to Withdrawal as counsel. That Petition was granted on May 7, 2001, and Plaintiff's counsel officially withdrew on June 20, 2001. Since then, Plaintiffs have been without counsel and have made no efforts to Defendant's knowledge to procure representation and proceed to litigate this case in an expeditious manner. II. STATEMENT OF ISSUES AS TO LIABILITY AND DAMAGES A. Negligence, if any, of Shen Brennan B. Comparative Negligence, if any, of Bart Stuckey, Jr. accident. Causation of injuries sustained by Bart Stuckey, Jr. as a result of the April 7, 1999 D. Damages, if any, to Bart Stuckey, Jr. IlL SUMMARY OF LEGAL ISSUES None. IV. WITNESSES A. LIABILITY. 1. Plaintiff, Barbara Sheaffer, biological mother of Bart Stuckey, Jr., 23 South St. Johns Road, Camp Hill, PA 17011, as on cross-examination. 2. Plaintiff, Bart Stuckey, Sr., biological father of Bart Stuckey, Jr., 6049 Linglestown Road, Linglestown, PA 17112, as on cross-examination. 3. Mr. Shen Brennan, 110 Arnold Road, Enola, PA 17025, will testify concerning the happening of the accident. 4. Paul E. Keys, 18 YMCA Drive, Duncannon, PA 17020, will testify as an eyewitness concerning the happening of the accident. 5. Mr. Brerman reserves the right to call as liability wimesses, those liability witnesses idemified in Plaintiffs' Pretrial Memorandum, together with additional liability witnesses with notice to the court and Plaintiffs. 2 B. DAMAGES. 1. Plaintiff, Barbara Sheaffer, biological mother of Bart Stuckey, Jr., 23 South St. Johns Road, Camp Hill, PA 17011, as on cross-examination. 2. Bart Stuckey, Sr., biological father of Bart Stuckey, Jr., 6049 Linglestown Road, Linglestown, PA 17112, as on cross-examination. 3. Defendant, Shen Brennan, 110 Arnold Road, Enola, PA 17025. 4. Mr. Brennan reserves the right to call as damage witnesses those individuals identified in Plaintiffs' Pretrial Memorandum, together with additional damage witnesses with notice to the court and Plaintiffs. IV. EXHIBITS A. LIABILITY 1. Diagram of accidem scene. 2. Photographs of respective motor vehicles and accident scene, if available. 3. Police Accident Report 4. Deposition transcripts of witnesses. 6. Transcribed recorded statements of witnesses. 7. Mr. Brennan reserves the right to use as liability exhibits those liability exhibits identified by Plaintiffs in their Pretrial Memorandum, together with additional liability exhibits with notice to the court and Plaintiffs. B. DAMAGES 1. Selected medical records and/or bills of decedent, Bart Stuckey, Jr. exchanged during discovery. 2. Mr. Brennan reserves the right to use as damage exhibits those damage exhibits identified by Plaintiffs in their Pretrial Memorandum, together with additional damage exhibits with notice to the court and Plaintiffs. ~ EXPERTREPORTS 1. None. Vl. STIPULATIONS SOUGHT FROM OPPOSING COUNSEL A. That photographs of motor vehicles involved in the accident are admissible at the trial of this case. B. That photocopies may be used in lieu of originals C. That Plaintiffs' medical records qualify as business records pursuant to the Uniform Business Records as Evidence Act, 42 Pa. C.S.A. § 6108, without the need to call a foundation witness. VII. SPECIAL REO~UESTS OR ADDITIONAL INFORMATION A. It is anticipated that this case will take one (1) day to try. B. It is requested that Mr Brennan be permitted to conduct the depositions of lay trial witnesses identified by Plaintiffs for the first time in their Pretrial Memorandum. VIII. VOIR DIRE None other than Rule 220.1 inquiries with appropriate follow-up questions. IX. ESTIMATED LENGTH OF TRIAL One (1) days. X. SCHEDULING PROBLEMS None. XI. EVIDENTIARY PROBLEMS None. XII. CURRENT STATUS OF SETTLEMENT NEGOTITATIONS Plaintiff's previous counsel has requested reimbursement of the outstanding medical fees as well as legal fees. However, settlement could not be obtained between Plaintiff's counsel and and the Defendant. After, Plaintiff's counsel effectively withdrew his representation, Defendant offered to pay $10,000.00 of medical benefits coverage to directly any healthcare providers who have outstanding bills and who rendered treatment to Bart Stuckey, Jr. as a result of the motor vehicle accident of April 7, 1999. That money has only been offered if all other sources of medical benefits coverage under any other applicable automobile policies, specifically those of any resident relative in Bart Jr.'s household at the time of thc accident, are non-existent. If there is no other source of medical benefits, Allstate would be willing to pay directly to the health care providers involved $10,000.00 towards any outstanding medical bills in exchange for a settlement of this law suit and your agreement to its discontinuance. To date, Plaintiff's counsel has not accepted that offer. 4 Respectfully submitted, FLANAGAN and ~A~ATES I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day I served a true and correct copy of the foregoing document, Defendants' Pretrial Memorandum, upon the following and in the manner indicated below. Service was made by and addressed as follows: United States, First Class Mail, Postage Prel~aid Bart Stuckey, Sr., 6049 Linglestown Road Linglestown, PA 17112 Barbara Sheaffer 23 South St. Johns Road, Camp Hill, PA 17011 Dated: FLANAGAN and ASS/~,, TES I.D. No.: 83030 150 East Chestnut Street Lancaster, PA 17.6_0~2 (717) 397-9444 ' Attorneys for Defendant Shen Brennan FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 (717) 397-??.~. Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., Iris parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT 1. Plaintiffs' commenced this action by complaint on or upon November 17, 2000 seeking damages for personal injury allegedly suffered in a bicycle/motor vehicle accident of April 7, 1999. 2. Plaintiffs' Complaint states a standard negligence cause of action alleging that while Plaintiff Bart Stuckey, Jr. was exiting a parking lot and attempting to cross over S. Enola Drive in East Pennsboro Township, Cumberland County, Pennsylvania on his bicycle on April 7, 1999 at approximately 5:00 p.m., he was struck by a vehicle proceeding southbound on Enola Drive operated by Defendant Shen Brennan. 3. The complaint alleges that Plaintiff was exiting a parking lot and there is no allegation in the complaint that Defendant had any type of traffic control device or otherwise did not have the complete right of way. The only substantive allegation of any violation of any provision of the motor vehicle code is at paragraph 26 (h) that he was traveling in excess of the posted speed limit. 4. There is no allegation in the complaint that Defendant was under the influence of any drugs or alcohol. 5. The allegations in the complaint consist of standard allegations of negligence concerning the operation of a motor vehicle. There is no allegation in the complaint of any "outrageous" or other conduct justifying the award of punitive damages. 6. The legal terms "reckless" and "careless" are used in the introductory portion of the standard negligence allegations contained at paragraph 26 but the use of such legal terms is insufficient to support a claim for punitive damages. 7. The request for relief in the compliant requests punitive damages without any legal basis and Defendant files these preliminary objections seeking the dismissal of Plaintiffs' request for punitive damages. WHEREFORE, Defendant requests that all claims for punitive damages contained in Plaintiffs' complaint be dismissed and stricken. By: FD. Ho~'~lbrook iTuer, Esqu.lr~-- I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that on this day I have served the foregoing Prelimimry Objections on the following persons and in the manner indicated. First class mail, postage pre-paid: Charles W. Marsar, Jr., Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 By: I.D. No. 57324 150 East Chesmut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. ~7324 1~0 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED DEFENDANT BRENNAN'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT 1. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 2. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the U:uth of these averments. 3. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 4. Admitted. 5.-27. Denied pursuant to Pa.R.C.P. 1029. WHEREFORE, Answering Defendant requests that judgment be entered in his favor against all other parties to this action. NEW MATTER 28. Answering Defendant incorporates herein by reference the averments contained in paragraphs 1 through 27 of the foregoing Answer as if fully set forth herein. The Plaintiffs may have failed to state a cause of action upon which relief can be 29. granted. 30. this action. 31. 32. The applicable statute of limitations may have expired prior to the institution of Answering Defendant was not negligem. Any acts or omissions of Answering Defendant alleged to constitute negligence may not be substantial causes or factors of the subject incidem and/or may not have resulted in the injuries and/or losses alleged by the Plaintiffs. 33. The incident and/or damages described in Plaintiffs' complaint may have been caused or contributed to by the Plaintiffs. 34. The negligem acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiffs. 35. Plaintiffs may have assumed the risk, and been contributorily negligem. 36. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs may not have been proximately caused by answering Defendam. 37. Plaintiffs may not have properly mitigated his damages. 38. Plaintiffs may have selected or may be otherwise bound by the limited tort option pursuant to 75 Pa.C.S.A. §1705 and is therefore, barred from recovery of non-economic damages because Plaintiffs' injuries, if any, do not constitute a serious injury as that term is defmed in 75 Pa.C.S.A. §1702. 39. Some or all of Plaintiffs' damages may be barred by the provisions of 75 Pa.C.S.A. §1720 and 1722. WHEREFORE, Answering Defendant respectfully requests that this Court grant judgment in his favor and against all other parties to this action. I.D. No. 57324 150 East Chesmut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan VERIFICATION I, D. Holbrook Duer, Esquire, hereby verify that I am the attorney for the Defendant in the foregoing action and that the averments of the attached Defendant Brennan's Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. This Defendant Brennan's Answer and New Matter to Plaintiffs' Complaint is verified by counsel to permit timely filing in compliance with applicable roles of civil procedure. I understand that I am subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities for any false statements made herein. D~Esquire~/ CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I have this day served a tree and correct copy of the foregoing Answer and New Matter on the following person and in the manner indicated below: First class mail, postage pre-paid: Charles W. Marsar, Jr., Esquire R. I. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 Date: By: I.D. No. 57324 150 East Chesmut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr. Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiffs Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, Plaintiffs SHEN BRENNAN, De£endant DOCKET NO. 00-8131 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATFER NOW comes, Plaintiffs, Bart Stuckey Jr., and Bart Stuckey Sr., and Barbara Sheaffer's reply to Defendant, Shen Brennan's, New Matter. 28. This paragraph does not warrant a response. 29. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that Plaintiffs may have failed to state a cause of action upon which relief can be granted. 30. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that the applicable statute of limitations may have expired prior to the institution of this action. 31, The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that Answering Defendant was not negligent. 32. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that any acts or omissions of Answering Defendant alleged to constitute negligence may not be substantial causes or factors of the subject incident and/or may not have resulted in the injuries and/or losses asserted by the Plaintiffs. 33. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that the incident and/or damages described in Plaintiffs' complaint may have been caused or contributed to by the Plaintiffs. 34. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that the negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries sustained by the Plaintiffs. 35. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that Plaintiffs may have assumed the risk, and been contributorily negligent. 36. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that the incident, injuries and/or damages sustained by the Plaintiffs may not have been proximately caused by Answering Defendant. 37. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that Plaintiffs may not have properly mitigated his damages. 38. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that Plaintiffs may have selected or may be otherwise bound by the limited tort option pursuant to 75 Pa.C.S.A. §1705 and is therefore, barred from recovery or non-economic damages. 39. The allegations herein state a conclusion of law to which no response is necessary. To the extent that a response may be required, it is specifically denied that some or all of Plaintiffs' damages may be barred by the provisions of 75 Pa.C.S.A. §1720 and 1722. WHEREFORE, Plaintiffs respectfully request that this Honorable Court grant judgment in their favor and against Defendant, Shen Brennan. R.J. Marzella & Associates, P.C. Attorney Identification No. 86072 Dated: ,2001 4 CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served upon all Defendants this 10th day of January, 2001 , by way of United States postal service to the address as follows: D. Holbrook Duer, Esquire Flanagan and Benner 150 East Chestnut Street Lancaster, PA 17602 R.J. MARZELLA & ASSOCIATES, P.C. FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parem and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED DEFENDANT'S OBJECTIONS TO PLAINTIFFS' INTERROGATORIES AND DOCUMENT REOUESTS INTERROGATORIES A. Beyond the scope of permissible discovery under Pa.R.C.P.4003.3: None. B. Beyond the scope of permissible discovery pursuant to Pa.R.C.P.4003.5: 22 C. Beyond the scope of permissible discovery under Pa.R.C.P.4003.1 and 4011: 12 II. REQUEST FOR PRODUCTION OF DOCUMENTS A. Beyond the scope of permissible discovery under Pa.R.C.P.4003.3: 7. 12 B. Beyond the scope of permissible discovery pursuant to Pa.R,C.P.4003.5: 13 D. Beyond the scope of permissible discovery under Pa.R.C.P.4003.1 and 4011: None. By: F~~~xENNER _ D. Holbrook"Duer ,Es quire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendam Shen Brennan CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I have this day served a tree and correct copy of the Defendant's Objections to Plaintiffs' Interrogatories and Document Request on the following person and in the manner indicated below: First class mail, postage pre-paid: Charles W. Marsar, Jr., Esquire R.J. Marzella & Associates, P.C. 3513 N. Front Street Harrisburg, PA 17110 By: D. Holbrook Duer, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 (717) 39%9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parem and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED STIPULATION The parties to the above-referenced action by and tl'trough their respective counsel of record do hereby agree and stipulate that Plaintiffs' claim for punitive damages is stricken without prejudice. Date: !~/2~/o~ By: I.D. No. 86072 3513 N. Front Street Ha~isburg, PA 17110 Attorney for Plaintiffs By: ~. I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. ~7324 150 East Chestnut Street lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please withdraw Defendam's Preliminary Objections to Plaintiffs' complaint fried in this matter. LD. No. 57324 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan CERTIFICATE OF SERVICE I, D. Holbrook Duer, Esquire, hereby certify that I have this day served a true and correct copy of the Praecipe to Withdraw Defendant's Preliminary Objections to Plaintiffs' complaint on the following person and in the manner indicated below: Date: First class m~ail, postage pre-paid: Charles W. Marsar, Jr., Esquire R.J. Marzella & Associates, P.C. 3513 N. Front Street Harrisburg, PA 17110 By: I.D. No. 57324 150 East Chesmut Street Lancaster, PA 17602 Attorney for Defendant Shen Brennan FLANAGAN and BENNER BY: D. HOLBROOK DUER, Esquire I.D. No. 57324 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED PRAECIPE TO SUBSTITI_YrE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Shen Brennan for the Verification of D. Holbrook Duer, Esquire attached to Defendant Brennan's Answer and New Matter to Pla'mtiffs' Complaint previously filed with the court. Date: FLANAGAN and BENNER ~, EsqUire I.D. No. 57324 Attorney for Defendant Shen Brennan VERIFICATION I, Shen Brennan, hereby verify that I am the Defendant in the foregoing action and that the averments contained in Defendant Brelman's Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. To the extent that the averments are based on an understanffmg or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of 18 Pa.C.S. §4904, relat'mg to unsworn falsification to authorities for any false statements made herein. Shen Brennan R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr. Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 2~6883 Attorneys for Plaintiffs Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually. and BARBARA SHEAFFER, individually, Plaintiffs : DOCKETNO. 00-8131 SHEN BRENNAN, Defendant JURY TRIAL DEMANDED PETITION FOR LEAVE TO WITHDRAWAL 1. Counsel for the above-named Plaintiffs, R. J. Marzella th Associates, P.C., hereby petitions for leave of Court to allow R. J. Marzella th Associates, P.C. to withdrawal as counsel for the Plaintiffs in the above-captioned, Cumberland County Civil Action, Docket Number 00-8131, and in support thereof avers as follows: 2. This negligence action was commenced on or about November 18, 2000 by the filing of a Complaint. 3. Because of professional considerations that have been fully disclosed to the Plaintiffs, R.J. Marzella & Associates, P.C., is no longer able to pursue this lawsuit on behalf of the Plaintiffs. Plaintiffs are aware of, and do not object to, this Petition for Leave to Withdrawal. 5. On March 21, 2001, Plaintiffs were instructed and advised by counsel that she may seek alternative counsel to continue the pursuit of this action, or she may continue the suit pro se. 6. Plaintiffs' counsel believes, and therefore avers, that the Plaintiffs are seeking alternate counsel to continue the pursuit of this action. 7. So that Plaintiffs may have ample time to locate alternative counsel, counsel is requesting that Plaintiffs be given sixty (60) days from the date of this Court's Order, granting leave to withdrawal, to obtain alternative counsel and requests that, in the interim, no action be taken by Defense Counsel to prejudice Plaintiffs' rights. WHEREFORE, Plaintiffs' counsel respectfully requests that this Honorable Court grant leave for its withdrawal as counsel of record on behalf of Plaintiffs, and permit the Plaintiffs a period of not less than sixty (60) days to obtain new counsel, and, in the interim, no action be taken by Defense Counsel to prejudice Plaintiffs' rights. R.J. Marzella & Associates, P.C. ~ r~arsar, jr., L'~C~Te Attorney I'dentification No. 86072 Dated: _~ /?-I ,2001 CERTIHCATE OF SERVICE I, Charles W. Marsar, Jr., HEREBY CERTIFY that true and correct copies of the foregoing Plaintiffs' Petition For Leave To Withdraw was served upon all counsel of record this '~/~* day of ~'c/~ , 200,, by depositing said copies in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: D. Holbrook Duer, Esquire Flanagan and Benner 150 East Chestnut Street Lancaster, PA 17602 Counsel for Defendant, Shen Brennan Bart Stuckey, Sr. P.O. Box 90014 Harrisburg, PA 17109 Barbara Sheaffer 4 East Pine Street Enola, PA 17025 R.J. MARZELLA & ASSOCIATES, P.C. BART STUCKEY, JR., A minor by and through BART STUCKEY, SR., His parent and natural guardian, and BARBARA SHEAFFER, his : Parent and natural guardian, and : BART STUCKEY, SR., individually,: And BARBARA SHEAFFER, : Individually : SHEN BRENNAN 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-8131 CIVIL ORDER OF COURT AND NOW, this 3m) day of APRIL, 2001, a Rule is issued upon plaintiff and defendant to Show Cause why plaintiff's counsel's Petition for Leave to Withdraw should not be granted. Rule returnable twenty (20) days after service. ,/D. Holbrook Duer, Esquire 150 East Chestnut Street Lancaster, Pa. 17602 ,-'Bart Stuckey, Sr. P.O. Box 90014 Harrisburg, Pa. 17109 By the ,/Barbara Sheaffer 4 East Pine Street Enola, Pa. 17025 R.J. MARZELLA & ASSOC~I~TEs, P.C. BY: Charles W. Marsar, Jr. Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 MAY 0 Attorneys for Plaintiffs Bart Stuckey, Jr., Bart Stuckey, Sr.,and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, Plaintiffs SHEN BRENNAN, Defendant DOCKET NO. 00-8131 JURY TRIAL DEMANDED ORDER AND NOW, this --1 ~k~ day of /~ ~ ,2001, upon consideration of the Petition for Leave to Withdraw, it is hereby ORDERED that such Petition is GRANTED. Plaintiffs' counsel, R.J. Marzella th Associates, P.C., may withdraw as counsel on behalf of the Plaintiffs by filing the appropriate preacipe with the Prothonotary of Cumberland County. So that Plaintiffs may seek alternate counsel, Defendant is hereby ORDERED, for a period of not less than sixty (60) days from the date of this order, to take no action requiring a response from Plaintiffs, or otherwise prejudicing Plaintiffs' rights in this action. BY THE COURT: R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr. Esquire Pennsylvania Supreme Court I.D. No. 88072 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Facsimile: (717) 234-6883 Attorneys for Plaintiffs Bart Stuckey, Jr., Bart Stuckey, Sr., and Barbara Sheaffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, Plaintiffs DOCKET NO. 00-8131 SHEN BRENNAN, Defendant : JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE Dated: TO: Prothonotary of Cumberland County I Courthouse Square Carlisle, PA 17013 Kindly withdraw my appearance in the above-referenced action. 2001 R.J. Maria & Asso,ciates, P.C. Charles W,Marsar, Jr., Esqt~.-e.~ Attorney Identification No. 86072 CERTIFICATE OF SERVICE 1, Charles W. Marsar, Jr., HEREBY CERTIFY that a true and correct copy of the foregoing Withdrawal of Appearance was served upon all Defendants this 20th day of June, 2001, by way of United States postal service to the address as follows: D. Holbrook Duer, Esquire Flanagan and Benner 150 East Chestnut Street Lancaster, PA 17602 R.J. MARZELLA & ASSOCIATES, P.C. Charles W.---7'Marsar, Jr.' BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually, Plaintiffs SHEN BRENNAN, Defendant #10 IN THE COURT OF COMMON PLEAS OF CLrMBERLkND COUNTY, PENNSYLVANIA NO. 00-8131 CIVIL TERM JURY TRIAL DEMANDED 18, appeared pro se, McCall, Esquire. IN RE: PRETRIAL CONFERENCE At a pretrial conference held Wednesday, June 2003, before the Honorable Edward E. Guido, Plaintiffs and present for the Defendant was Brian A. This is a vehicle accident in which Plaintiffs' child was riding his bike and struck by Defendant's vehicle. Plaintiffs' child has since passed away from unrelated causes. Plaintiffs are proceeding pro se and have not filed a pretrial memorandum. They have expressed a desire to obtain counsel. We have agreed to continue this case. The parties are directed to relist the case when it is at issue. Plaintiffs have been advised that they must comply with the rules of court if they intend to proceed pro se. They must file their pretrial memoranda and identify any witness that they intend to call or exhibits that they intend to present Failure to do so may very well result in at the time of trial. sanctions. ~" Edward E. Guido, J. Bart Stuckey, Sr. 6049 Linglestown Road Linglestown, PA 17112 Barbara Sheaffer 23 South St. Johns Road Camp Hill, PA 17011 Brian A. McCall, Esquire Flanagan and Associates 150 East Chestnut Street Lancaster, PA 17602 Attorney for Defendant Court Administrator srs FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 Attorneys for Defendant (717) 397-9~.~.~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parem and natural guardian, and BARBARA SHEAFFER, his parem and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY / WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of D. Holbrook Duer, Esquire and enter the appearance of Brian A. McCall, Esquire on behalf of Defendant, Shen Brennan. All papers may be served on Flanagan and Associates, 150 East Chestnut Street, Lancaster, PA 17602. FLANAGAN AND DUER BY~ook Duet, Esquire'- I.D. No.: 57324 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9d~.q FLANAGAN AND ASSOCIATES .... ~~ ~30 ' 150 East Chestnut S~eet ~ncaster, PA 17602 (717) 397-9~ Dated: Dated: CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day I served a tree and correct copy of the foregoing document, upon the following and in the manner indicated below. Service was made by First Class Mail, addressed as follows: Bart Stuckey, Sr., 6049 Linglestown Road Linglestown, PA 17112 Barbara Sheaffer 23 South St. Johns Road, Camp Hill, PA 17011 FLANAGAN AND ASSOCIATES Bfia~ A'~ l~IcCall, EsOtu~r'e~ x'~ 1UD ..~B!~.: 83030 150 East Chesmut S~eet Lanc~mr, PA 176~ (717) 397-9ddd A~omeys for Defend~t Dated: (Must be typewritten and submitted in duplicate) TO THE PNCrfFDNOTARY OF ~RLAhD COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OFCASE (entire caption mu-'· be stated in full) BART STUCKEY, JR., minor by and through BART STUCKEY, SR. his pareht and natural2 (X) guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., ( ) individually, and BARBARA SHEAFFER, individually( ) (Plaintiff) (check one) Civil Action - Law Appeal from Arbitration (other) vs. SHEN BRENNAN ( Defendant ) 2/11/03. The trial list will be called on and April 28, 2003 Trials ccrrmence on April 9, 2003 Pretrials will be held on (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) 00 8131 No. Civil 19 Indicate the attorney who will try case for the party who files this praecipe: Brian A. McCall, Esquire Tndicate trial counsel for other Dartie~ if known: Barbara Sheaffer and Bart Stuckey, This case is ready for trial. Sr. (pro Se) Print ~ Brian A. McCall Defendant, SHEN BRENNAN Attorney for: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., indiviually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BRIAN A. MCCALL, hereby certify that I have tlfis day served the foregoing Praecipe For Listing Case For Trial on the following person and in the manner indicated below: Service by first class mail as follows: Bart Stuckey, Sr., 6049 Linglestown Road Linglestown, PA 17112 Barbara Sheaffer 23 South St. Johns Road, Camp Hill, PA 17011 FLANAGAN AND ASSOCIATES 150 East Chestnut Street Lancaster, PA 17602 (717) 397-94-!,4 Attorneys for Defendant Bart Stuckey, Jr., minor by and through Bart Stuckey, Sr., his parent and natural guardian, and Barbara Sheaffer, his parent and natural guardian, and Bart Stuckey, Sr., individually, and Barbara Sheaffer, individually V Shen Brerman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8131 CIVIL TERM ORDER OF COURT AND NOW, April 1, 2003, counsel having failed to call the above case for trial, the case is stricken from the April 28, 2003 trial term. Counsel is directed to relist the case when ready. By the Court, Bart Star, kc],, S~., Pat, Se Barbara Sheaffer, Pro Se For the Plaimiff Brian A. McCall, Esquire For the Defendant Court Administrator ld TO Th~ PHDTHCN~TARy OF ~ COUNTY Please list the following case: ( Check one) ( X ) for JURY trial at the next term of civil court. for trial without a jury. ( ) CAPTION OF CASE (entire caption ~-' be stated in BART STUCKEY, JR., minor by and through BART STUCKEY, SR. his pareht and natural2 (X) guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., ( ) individually, and BARBARA SHEAFFER, individually( ) SHEN BRENNAN ( Plaintiff VS. ( check one) Civil Action - Law ~peal fro~ Arbitration ( De feadan t ) VS. (other) 6/10/03' The trial list will be called on and 7/7/03 Trials commence cn 6/18/03 Pretrials will be held on (Briefs are due 5 days before pre,rials.) (Tke perry listing thfs case for trial provide forthwith a ccpy of the praecipe to all counsel, p~suan~ to lcca! Rule 214.1. 00 8131 Civil 19 Indicate the attorney wPm will try case for tb~ party who files this praecipe: Brian A. McCall, Esquire Tndicate trial counsel for other F~artie~ if kncwn: Barbara Sheaffer and Bart This case is ready for trial. Stuckey, sr. (pro Se) Signed: ~ ~ BRIAN--A. ~cCALL, ESQ. Print ~ .... Defendant, SHEN BRE'NNAN A~ torney for: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., indiviually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BRIAN A. MCCALL, hereby certify that I have this day served the foregoing Praecipe For Listing Case For Trial on the following person and in the manner indicated below: Service by first class mail as follows: Bart Stuckey, Sr., Barbara Sheaffer 6049 Linglestown Road 23 South St. Johns Road, Linglestown, PA 17112 Camp Hill, PA 17011 FLANAGAN AND ASSOCIATES Lancaster, PA 17602 ~ (717) 397-9444 Attomeys for Defendant Bart Stuckey, Jr., minor by and through Bart Stuckey, Sr., his parent and natural guardian, and Barbara Sheaffer, his parent and natural guardian, and Bart Stuckey, Sr., individually, and Barbara Sheaffer, individually V Shen Brerman : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8131 CIVIL TERM ORDER OF COURT AND NOW, April 1, 2003, counsel having failed to call the above case for trial, the CaS6 is's~ken from the April 28, 2003 trial term. Counsel is directed to relist the case when ready: : By the Court, Bart Stuckey, Sr., Pro Se Barbara Sheaffer, Pro Se For the Plaintiff ~ Brian. A. McCall, Esquire For the Defendant Court Adn~'~fil'strator ld FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire I.D, No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 39%9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED PRAECIPE TO SETTLE, SATISFY, & DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued with prejudice and costs paid. Bart Stuckey, Sr. (date) Individually and as Parent and Natural Guardian of Bart Stuckey Jr. 141 South Enola Drive Enola, Pa 17025 fx(~jj,ga~. McCa'IL Esquire (date) Attorneys for Billman I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Barbara Sheaffer (date) Individually and as Parent and Natural Guardian of Bart Stuckey Jr. 377 Pine Oak Lane Carlisle, Pa 17013 FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED PRAECIPE TO SETTLE, SATISFY, & DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued with prejudice and costs paid. Bart Stuckey, Sr. ~ (date~ Individually and as Parent and Natural Guardian of Bart Stuckey Jr. 141 South Enola Drive Enola, Pa 17025 I~LANAGAN and ASSOCIATES Brian A. McCall, Esquire Attorneys for Billman I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 39%9444 (date) Barbara Sheaffer (date) Individually and as Parent and Natural Guardian of Bart Stuckey Jr. 377 Pine Oak Lane Carlisle, Pa 17013 FLANAGAN and ASSOCIATES BY: Brian A. McCall, Esquire I.D. No. 83030 150 East Chesmut SU'eet Lancaster, PA 17602 (717) 397-9444 Attorneys for Defendant Shen Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BART STUCKEY, JR., a minor by and through BART STUCKEY, SR., his parent and natural guardian, and BARBARA SHEAFFER, his parent and natural guardian, and BART STUCKEY, SR., individually, and BARBARA SHEAFFER, individually Plaintiffs SHEN BRENNAN Defendant No.: 00-8131 JURY TRIAL DEMANDED PRAECIPE TO SETTLE, SATIS~, & DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued with prejudice and costs paid. FLANAGAN and ASSOCIATES Bart Stuckey, Sr. (date) Individually and as Parent and Natural Guardian of Bart Stuckey Jr. 141 South Enola Drive Enola, Pa 17025 Barbara Sheaffer //// (date) Individually and as Paref(t~hnd Natural Guardian of Bart Stuckey Jr. 377 Pine Oak Lane Carlisle, Pa 17013 Brian A. McCall, Esquire Attorneys for Billman I.D. No. 83030 150 East Chestnut Street Lancaster, PA 17602 (717) 397-9444 (date) DISCONTINUANCE CERTIFICATE AND NOW, _ Date: suit has been marked as above directed. Prothonotary CERTIFICATE OF SERVICE I, Brian A. McCall, Esquire, hereby certify that I have this day served a tree and correct copy of the foregoing Praecipe to Settle, Satisfy, and Discontinue on the following person(s) and in the manner indicated below: By United States, First-Class Mail, Postage Pre-Paid, addressed as follows: Barbara Sheaffer 377 Pine Oak Lane Carlisle, Pa 17013 Bart Stuckey, Sr. 141 South Enola Drive Enola, PA 17025 FLANAGAN and ASSOCIATES By:, [,fi?B~n A. McC~ire ~50 East Chesmut L~caster, PA 17602 (717) 397-9444 Attorney for Defender Shen Bre~ Date: