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HomeMy WebLinkAbout01-0733 FX ."'0' ~ ,"'-" , " ':;;( SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, 1668 Douglas Drive Carlisle,PA 17013 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, vs. : NO. 0/- 733 KURT A. LEESE 16 Monarch Lane Mechanicsburg,PA 17055 and SHAFFER TRUCKING INC. 44 East Main Street New Kingston, P A 17072 Defendants. CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons against the Defendants in the above-captioned action. -L Writ of Summons shall be issued and forwarded to the Sheriff. Respectfully submitted, TOMASKO & KORANDA, P.c. 219 State Street Harrisburg, PA 17101 Telephone: (717)2~8-1100~ BY:~~~ NITCHAELA.KORANDA Atty, LD. No. 58808 WRIT OF SUMMONS TO: KURT A. LEESE and SHAFFER TRUCKING INC. YOU ARE NOTIFIED THAT SANDRA 0, MCKEEHAN AND JOHN MCKEEHAN, HUSBAND AND WIFE, HAVE COMMENCED AN ACTION AGAINST YOu. Date: F0). (p ~wl By {la.:k\~ ""_",,,</_<." 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"'~-tMt~ , SHERIFF'S RETURN - REGULAR CASE NO: 2001-00733 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKEEHAN SANDRA 0 ET AL VS LEESE KURT A ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LEESE KURT A the DEFENDANT , at 0014:20 HOURS, on the 8th day of February, 2001 at 16 MONARCH LANE MECHANICSBURG, PA 17055 by handing to KURT A. LEESE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 SOAn~" ~~, .t'J f'- R. Thomas Kline 02/09/2001 TOMASKO & KORANDA h' /' 'C:::. me t lS 0<-- day of By, ~=~ eputy S e iff Sworn and Subscribed to before d~ c20tJ/ A.D. C);{, Q ~, ~ rothonotary \'- ".~ ~. ~ .-~ , " '~. "" '-- ~'~ A,,:o SHERIFF'S RETURN - REGULAR CASE NO: 20'01-00733 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKEEHAN SANDRA 0 ET AL VS LEESE KURT A ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SHAFFER TRUCKING INC the DEFENDANT , at 0015:06 HOURS, on the 8th day of February, 2001 at 44 EAST MAIN STREET NEW KINGSTON, PA 17072 MARK BREITHAUPT (CEO) by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 4.34 .00 10.00 .00 20.34 so;;~~~~/,~ R. Thomas Kline 02/09/2001 TOMASKO & KORANDA Sworn and Subscribed to before By: me this /2 ~ day of J~.-:~.t dqo I A. D. C );~~ao~~ ~- '"" -" 'S'" ^ So ,-,j",_ ,,,"'C' " ~, '~ '0;-" ">~-' ,,-,' '--'-,', ~ '.'"i'e;;.- ,<- ~~". . SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO,: 01-733 v. KURT A. LEESE and SHAFFER TRUCKING INC. CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants Kurt A. Leese and Shaffer Trucking, Inc., in the above captioned action. EFSKI By: Is/W()! Date: ;). I, e . Bonetti, Esquire Attorney I.D. #34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 ,- ~'- ",-"," .' - .,;.""','..'.,:,,,--,-,'! -,"', ;,"';' ,'~_~,,".< ''-.''0 ',' ': ,~" ~"', .. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, , 3m l-::: Pennsylvania, on this I day of reb/?uif' , 2001, addressed as follows: Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 PETERS & W ASILEFSKI j~ Jltr."Jz> "',' '"' ~'" ' , , 'N "._j- ^ ,_ __" '"~-,' ~ -- ," " SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 v. KURT A. LEESE and SHAFFER TRUCKING INC. CML ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Please issue a Rule upon Plaintiffs to file a Complaint within twenty (20) days from service hereof or suffer judgment non oros. DEN S J. ONETTI, ESQUIRE Art ey LD. #34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 BY: n,red)/ XJ{) J Counsel for Defendants, Kurt A. Leese and Shaffer Trucking, Inc. RULE TO THE PLAINTIFFS: You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment nonpros. Dated:)::f'\..~ I S :::J Ar'5>f , (L,,-t4-, ~ Prothonotar ,~, , ~ - .-, < , ,.-, , "'~'f. .. ~1I;o -, r .... ., 1 , CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, fIrst class, Pennsylvania, on this /Jh day of postage prepaid, in Harrisburg, tpbM{j , 2001, addressed as follows: Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 PETERS & W ASILEFSKI ~j{U){L tL~ f -' """~ " , . 'U -,,,"",, ',_',," .~"!<"""," 'h" '-">' ",_",- - .;;- ,~.' 4: .' .' . ~ SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 v. KURT A. LEESE and SHAFFER TRUCKING INC. CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on the c15l1Jay of J::e.bJwr' 2001 and served on the date reflected in the attached Certificate of Service. BY: LEFSKI J. BONETTI, ESQUIRE Atto ey I.D. #34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Counsel for Defendants, Kurt A. Leese and Shaffer Trucking, Inc. Date: 2-JIo-O I ,-,c. " .~' ",-,', ."" '~,",f",~,,^__,<__'_'r'. "~-,;-"li~i'''-C,,,,- -, ',-~, ,-, 1iti~! .. , J SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 v. KURT A. LEESE and SHAFFER TRUCKING INC. CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County in the above-captioned action on the ---15l'dayof f:ebNI "^d--' 2001, upon counsel for Plaintiff, Michael Koranda, Esquire, Tomasko & Koranda, 219 State Street, Harrisburg, PA 17101, by mailing the same certified mail, postage prepaid, and deposited at Harrisburg, Peunsylvania on the ~daY of _l:"ebA..u ~ 2001. PETERS & W ASILEFSKI BY: -.J)~ ~tj;,~ " .' ,c_' , - ';,-+'-~' _,,~ ,,_ _';". _0" ,--.;-~ ',,- -'""-~w;-'- "' -,- '-;"J~' -,. _", _" ';',j,,'} '. /!A .;~ ,.'" < . .. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe with Attached Certificate of Service has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, fIrst class, postage prepaid, in Harrisburg, Pennsylvania, on this ~ day of ----FehA..ua.cJ- follows: , 2001, addressed as Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 PETERS & W ASILEFSKI ~ L~J~~f-/, ,'. ". '-4" ,'L , -~, , '. ~, , ",,' ill~'~:2; f ' t... . SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, vs. NO.: 01-733 KURT A. LEESE and SHAFFER TRUCKING INC. CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or reliefrequested 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, P A 17013 Telephone: (717) 249-3166 . ~ " SANDRA 0, MCKEEHAN and JOHN MCKEEHAN, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, vs. NO.: 01-733 KURT A. LEESE and SHAFFER TRUCKING, INC. CIVIL ACTION - LA W Defendants. JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiffs, Sandra O. McKeehan and John McKeehan, husband and wife, by and through their attorneys, TOMASKO & KORANDA, P.C., and files the following Complaint against Defendants, Kurt A. Leese and Shaffer Trucking Inc., averring: Parties 1. Plaintiffs, Sandra O. McKeehan and John McKeehan, are adult individuals presently residing at 1668 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. At all times relevant hereto, Plaintiffs were married to one another and are husband and wife. 2. Defendant, Kurt A. Leese is an adult individual presently residing at 16 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3, Defendant, Shaffer Trucking, Inc" is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principle place of business at P.O. Box 1920,44 East Main Street, New Kingstown, Cumberland County, Pennsylvania. -1- , , ,-- ,,',,-, ... ,.' ~' .~ Venue and Jurisdiction 4. Venue is proper in this judicial district pursuant to Rules 1006 and 2179 of the Pennsylvania Rules of Civil Procedure. 5. The amount in controversy claimed by Plaintiffs in the instant action exceeds the jurisdiction limit requiring compulsory arbitration pursuant to the Local Rules of this Court. Factual Back~round 6. On May 12, 1999, at 0912 hours, Plaintiff, Sandra O. McKeehan, was operating 1998 Chevrolet Blue Bird school bus in an northbound direction on SR-OOIl/Carlisle Pike, at or near its intersection with SR-IOIl/Silver Spring Road, in Silver Spring Township, Cumberland County, Pelillsylvania. 7, On that same date and time, Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., was operating a 1995 Freightliner tractor/trailer combination owned by Defendant, Shaffer Trucking, Inc. in a northbound direction on SR-OOIl/Carlisle Pike, at or near its intersection with SR-I OIl/Silver Spring Road, in Silver Spring Township, Cumberland County, Pennsylvania. Specifically, Defendant, Kurt A. Leese, was operating the aforementioned vehicle immediately behind and in the same lane of travel as the vehicle operated by Plaintiff, Sandra O. McKeehan. 8, The aforementioned intersection is regulated by traffic control signals exhibiting different colored lights for each direction of travel. 9. As Plaintiff, Sandra O. McKeehan, approached the aforementioned intersection. the traffic control signal exhibited a steady red light for her direction oftravel. Consequently, Plaintiff, Sandra O. McKeehan, brought her vehicle to a full and complete stop immediately -2- before the intersection, and Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., brought his vehicle to a full and complete stop immediately behind the vehicle operated by Plaintiff, Sandra 0, McKeehan. 10, After the traffic signal changed to a steady green light, Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., suddenly and unexpectedly, caused his vehicle to strike the rear of the vehicle operated by Sandra O. McKeehan, causing the injuries and damages set forth below. Count I Plaintiff, Sandra O. McKeehan vs. Defendant, Kurt A. Leese II. The aforementioned collision occurred solely as the result of the negligence, recklessness and carelessness of Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc" and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff, Sandra O. McKeehan. 12. The negligence, recklessness and carelessness of Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., consisted of the following: (a) Operating a motor vehicle in willful and wanton disregard for the safety of persons and property of others in violation of75 Pa. C.S,A. S 3736(a); (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C,SA S 3736(a); (c) Operating a motor vehicle in careless disregard for the safety of persons or property in violation of75 Pa. C.SA S 3714; (d) Operating a motor vehicle without regard to traffic control signals in violation of75 Pa. C.S.A. 93111(a); (e) Operating a motor vehicle at an unsafe speed in violation of75 Pa. C.S.A. S 3361; and (f) Failing to operate a motor vehicle in such a manner as to avoid causing a o -J- ~ ,", ,.',",;" ,'- ~~ , il1i""'''; collision, 13, As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., Plaintiff, Sandra O. McKeehan suffered the following injuries, some or all of which may be permanent: (a) Cervical strain/sprain; (b) Upper trapezius pain; (c) Chronic headaches; and (d) Miscellaneous aches and pains. 14. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., Plaintiff, Sandra O. McKeehan, has required medical treatment and has incurred expenses in connection therewith for medicines, medical care, hospitalization and other medical services for which a claim is hereby made. 15, As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Tmcking, lnc" Plaintiff, Sandra O. McKeehan, has suffered in the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment, disfigurement and deformities for which a claim is hereby made. 16, As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Tmcking, Inc., Plaintiff, Sandra O. McKeepan, has in the past been and may in the future be disabled from performing her usual duties, occupations, and avocations with a consequent loss -4- . ,^ . ~. of earnings, earning power and earning potential for which a claim is hereby made. WHEREFORE, Plaintiff, Sandra O. McKeehan, demands damages of Defendant, Kurt A. Leese, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Count II Plaintiff, John McKeehan vs. Defendant, Kurt A. Leese 17. Paragraph Nos, I through 16 are incorporated herein by reference as if fully set forth below. 18. As a direct and proximate result of the above-described negligence, recklessness and carelessness of Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, lnc" Plaintiff, John McKeehan, has in the past been and may in the future be denied the consortium and services of his wife, Plaintiff, Sandra O. McKeehan, for which a claim is hereby made. WHEREFORE, Plaintiff, John McKeehan, demands damages of Defendant, Kurt A. Leese, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Count III Plaintiffs, Sandra O. McKeehan and John McKeehan vs. Defendant, Shaffer Trucking, Inc. 19. Paragraph Nos. I through 18 are incorporated herein by reference as if fully set forth below, 20. At all times relevant hereto, Defendant, Kurt A. Leese, was acting as the agent, -5- ", '" c '~ >" ~* servant and/or employee of Defendant, Shaffer Trucking, Inc., and was operating the vehicle of Defendant, Shaffer Trucking, Inc., with its knowledge or consent, express or implied. 21. Defendant, Shaffer Trucking, Inc., is jointly and severally liable for the aforementioned negligence, recklessness and carelessness of Defendant, Kurt A. Leese, and for the aforementioned injuries and damages caused by Defendant, Kurt A. Leese. WHEREFORE, Plaintiffs, Sandra O. McKeehan and John McKeehan, demand damages of Defendant, Shaffer Trucking, Inc., in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, P A 171 01 Telephone: (717) 238-11 00 By: MICHAEL A. KORANDA PA ill #58808 -6- " '-.-:,. ' , ""'"~" VERIFICATION I verifY that the statements made in the attached COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties ofl8 Pa. C,S. 94904 relating to unsworn falsification to authorities. DATED: ~J. I.~ .:un; kA'4 tJh(CJ5'~ SANDRA O. MCKEEHAN DATED: 1fd, n;(}.CIr;! , 1.--,0., "' ~ " -"''''''; , " - i1:~ . . CERTIFICATE OF SERVICE AND NOW, this ?&6day of l"edeA-0Y , 2001, I, Michael A. Koranda, Esquire, attorney for the Plaintiffs, hereby certify that I served the within COMPLAINT this day by: u.s. Mail, first class, postage prepaid, addressed to: Dennis J. Bonetti, Esquire PETERS & W ASILEFSKI 2931 N. Front Street Harrisburg, P A 1711 0-1280 Attorney for Defendants BY~--#~~ MICHAEL A. KORANDA - ~" "0'.' , -' '" ,'" ~~ ,.,.,~, "", ;:,,: , " -,"i.-, ;-___~'-:--<i;,:c,:,,-~.._:w__~''''" ,,,-",'.C" .i... '-'-':-':"_.' ; <-,' 'i:::'~'; . SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 v, CIVIL ACTION - LAW KURT A. LEESE and SHAFFER TRUCKING, INC., Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiffs, Sandra O. McKeehan and John McKeehan, c/o their counsel, Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. By: D'"3 Jf/~M1 D nn . 0 etti, Esquire Atto ey I.D. #34329 293 North Front Street Harrisburg, PA 17110 717-238-7555 Counsel for Defendants, Kurt A, Leese and Shaffer Trucking, Inc. ,'",- ~--,~ "~ '. , ','-",,-,' '",';, ,', ,",,, " ,,,,,-,",,:,,,,,,-,,-,,''-~>-~',i,,.1.:' j, ';;:, :_<_, , "'''k~ SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 v. CIVIL ACTION - LAW KURT A. LEESE and SHAFFER TRUCKlNG,INC., Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes Defendants, Kurt A. Leese and Shaffer Trucking, Inc. (hereinafter "Defendants") by and through their counsel, Peters & Wasilefski, and hereby files the following Answer to Plaintiffs' Complaint: 1, Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph I of Plaintiffs' Complaint and the same are therefore denied. 2. Admitted. 3. Admitted. 4. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 4 of Plaintiffs' Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 4 are denied pursuant to Pa.R.C.P. 1029(e). 5. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 5 of Plaintiffs' Complaint state conclusions of law to which 2 ~, '. - C' -'''--','' ". ' --'::_ti no answer is required. To the extent that a further answer is required, the averments contained in paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. The averments contained in paragraph 6 are denied pursuant to Pa.R.C.P. 1029(e). 7, Admitted in part and denied in part. It is admitted that Kurt A. Leese was the agent, servant or employee of Shaffer Trucking, Inc. and that he was operating a 1995 Freightliner tractor-trailer combinations owned by Shaffer Trucking, Inc. The remaining averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. l029(e). 8, Denied. The averments contained in paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. The averments contained in paragraph 9 are denied pursuant to Pa.R,C.P. 1029(e), 10. Denied. The averments contained in paragraph 10 are denied pursuant to Pa.R.C.P. 1029(e). COUNT I PLAINTIFF, SANDRA O. MCKEEHAN v. DEFENDANT, KURT A. LEESE 11. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 11 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). 3 , -- '~ ,,,. - ',~ "_~ "'~'".' "", '.,' ~i",-' _",~.;:, ~<' . _~,_: " ",'_-t-.,---,:,,_, ;'; " -<'--< "~~i 12. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 12 including sub-paragraphs (a) through (t) inclusive state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 12 including sub-paragraphs (a) through (t) inclusive are denied pursuant to Pa.R.C.P. 1029(e). 13, Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 13 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Kurt A. Leese is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff, and the same is therefore denied. 14. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 14 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Kurt A. Leese is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff, and the same is therefore denied. 15. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 15 state conclusions of law to which no answer is required. 4 , ~,^., . "' "=^ '~^, " ~ '" >,~""h'" ""\'"': To the extent a further answer is required, the averments contained in paragraph 15 are denied pursuant to Pa.RC.P. 1029(e). By way of further answer, after reasonable investigation, Kurt A. Leese is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff, and the same is therefore denied. 16. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 16 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 16 are denied pursuant to Pa.RC.P. 1029(e). By way of further answer, after reasonable investigation, Kurt A. Leese is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff, and the same is therefore denied. WHEREFORE, Kurt A. Leese demands judgment in his favor and against Sandra 0, McKeehan without costs. COUNT II PLAINTIFF, JOHN MCKEEHAN v. DEFENDANT, KURT A. LEESE 17. Denied. Kurt A. Leese hereby incorporates the answers to paragraphs 1 through 16 as though the same were fully set forth herein at length. 18, Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 18 state conclusions of law to which no answer is required. 5 <,,-" '" ,'-"",' ~'-'"-,"' ,'-',,-, ,-~.-'~"~ 'o, '''"'>-'~'''-'''''''-'''i,'''''~:--"",~, i;J:: To the extent a further answer is required, the averments contained in paragraph 18 are denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, after reasonable investigation, Kurt A. Leese is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of damages suffered by John McKeehan, and the same is therefore denied. WHEREFORE, Kurt A. Leese demands judgment in his favor and against John McKeehan, without costs. COUNT III PLAINTIFFS, SANDRA O. MCKEEHAN AND JOHN MCKEEHAN v. DEFENDANT, SHAFFER TRUCKING, INC. 19. Denied. Shaffer Trucking hereby incorporates the answers to paragraphs 1 through 18 as though the same is fully set forth herein at length. 20. Admitted. 21. Denied. Shaffer Trucking, Inc. is advised by counsel and therefore avers that the allegations contained in paragraph 21 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 21 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Shaffer Trucking, Inc. demands judgment in its favor and against Sandra O. McKeehan and John McKeehan without costs. 6 '<.'.-- ,- " --'." "~. "-..<,-: "~ " . ,-,-~-;;;"'~~-d,'-h<i_'" NEW MATTER 22. Plaintiffs' claims are barred by the applicable statute of limitations. 23. Any damages Plaintiffs may recover in this action should be reduced or barred, in whole or in part, by the Pennsylvania Motor Vehicle Responsibility Act, as amended. 24. Plaintiffs' alleged injuries and damages, if any, which are specifically denied, may have been caused, either in whole or in part by the acts or omissions of third parties other than Defendant. 25. Plaintiffs' alleged injuries and damages, if any, which are specifically denied, may have been pre-existing, either in whole or in part and are not causally related to the accident giving rise to the present litigation, 26. Plaintiffs' claims are reduced or barred by the Comparative Negligence Act. Plaintiffs' contributory negligence consisted of, but is not limited to: a. Failing to keep a proper lookout; b. Failing to pay attention to vehicles on the roadway; and c. Failing to take evasive maneuvers in an attempt to avoid the alleged impact. 27. Discovery may reveal that Plaintiffs' claims may be barred in whole or in part by one or more affIrmative defenses set forth in Pa. R.C.P, 1030, which are incorporated l1erein by reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata, release or immunity from suit. 7 ~ " ""~^ ~ ,-+. ""',,,,",",~,,.~, ,~",.,,,<,;,,,-,,,, ""')o7""'~~'''''-''~C''''-,'C ',,~ '."-'-~;{i WHEREFORE, Kurt A. Leese and Shaffer Trucking, Inc, demand judgment in their favor and against Plaintiffs, without costs, PETERS ~ W ASILEFSKI I By: D'" 3)q f ~(JJ \ e is J. Bonetti, Esquire Att mey 1.0. #34329 2931 North Front Street Harrisburg, Pennsylvania 17110 717-238-7555 Counsel for Defendants, Kurt A. Leese and Shaffer Trucking, Inc. 8 "'_H"0 - r'__ J~_ .-; .;" .',0: ;,,_"~'j_ MAR-08-2001 16:56 TRANSPORTATION CLAIMS INC 7177958774 P.02/03 VERIFICATION I hereby affmn thai the following facts are correct: I am the Defendant in this matter. The attached Answer and New Matter to Plaintiff's Complaint is based upon information which J have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Answer and New Matter to Plaintiff's Complaint is that of counsel and not of me. I have read the Answer and New Matter to Plaintiff's Complaint and to the elltenl that the same is based upon information which I have given to my counsel. it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer and New Matter to Plaintiffs Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer and New Matter to Plaintiff's Complaint are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to \lIlllwom falsification to authorities. Date: 3!1!ZOO / ~~!1dL - /,&,J(,//lc;/l.., rc:z:. Shaffer'Trucking,,__ . . . " .~- ~'-' ,~ " ,],_ ' '" "0 ,_^'~" ~'" -,'.. __5' ,,';; ,,~c,;'"' ,"-~:, ~;j_;';:;'\""",-",;>"~ _'_ -'-"C"'-""-~1 MAR-08-2001 16:57 TRANSPORTATION CLAIMS INC 7177958774 P.03/03 VERIFICATION I hereby affmn that the following facts are correct: I am the Defendant in this matter. The attached Answer and New Matter to Plaintiff's Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Answer and New Matter to Plaintiff's Complaint is that of counsel and not of me. I have read the Answer and New Matter to Plaintiff's Complaint and to the extent that the same is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer and New Matter to Plaintiff's Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts s~t forth in the aforesaid Answer and New Matter to Plaintiff's Complaint arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date; 3PPO / TOTAL P.03 -<"". ~ -- - ,,-. . ,~.~ _' _" '<i " "' '-'M':i';':1 . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer with New Matter has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this m day of ~, 2001, addressed as follows: Michael A. Koranda, Esquire Tomasko & Koranda, P.c. 219 State Street Harrisburg, PA 17101 PETERS & W ASILEFSKI (:;~v-..e ~,V''- ll.._." " ~" ,-, ,~ " ." J."~ '" " "-;'"X4 , SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, vs. NO.: 01-733 KURT A LEESE and SHAFFER TRUCKING, INC. CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED REPLY TO NEW MATTER NOW COMES Plaintiffs, Sandra O. McKeehan and John McKeehan, husband and wife, by and through their attorneys, TOMASKO & KORANDA, P.C., and replies to the New Matter of Defendants, Kurt A Leese and Shaffer Trucking Inc., averring: 1-21. The allegations contained in Paragraph Nos. 1-21 of the Complaint are incorporated herein by reference as if fully set forth at length. 22. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. 23. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.c.P. l029(e). By way of further answer, see Paragraph Nos. 11 and 12 of the Complaint. 24. Denied. The allegations of this paragraph constitute conclusions of law to which ,""", . .."" .' ";\,N.;;. -' no responsive pleading is required and accordingly, the same are denied and strict proofthereof is demanded at triaL To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. I029(e). By way offurther answer, see Paragraph Nos. II and 12 ofthe Complaint. 25. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at triaL To the extent that a further answer is required, the allegations ofthis paragraph are specifically denied pursuant to Pa. R.C.P. I029(e). By way of further answer, see Paragraph Nos. II and 12 of the Complaint. 26. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at triaL To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. KC.P. I029(e). By way of further answer, see Paragraph Nos. II and 12 of the Complaint. 27. Denied. The allegations of this paragraph constitute conclusions oflaw to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at triaL To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. I029(e). WHEREFORE, Plaintiffs, Sandra O. McKeehan and John McKeehan, demand damages of Defendant, Shaffer Trucking, Inc., in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rilles of this Court, plus costs of suit and delay damages. -2- ~~,,",:" "~ , ,', .~ . Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg,PA 17101 Telephone: (717) 238-11 00 By:4/~~ MICHAEL A. KORAN A PAID #58808 -3- ','" i ...~",' "ii, .JII_ ., i ,: ., '." , ;~' . CERTIFICATE OF SERVICE AND NOW, this /cMday of nRr /-I , 200 I, I, Michael A. Koranda, Esquire, attorney for the Plaintiffs, hereby certify that I served the within REPLY TO NEW MATTER this day by: U.S. Mail, first class, postage prepaid, addressed to: Dennis 1. Bonetti, Esquire PETERS & W ASILEFSKI 2931 N. Front Street Harrisburg, PA 17110-1280 Attorney for Defendants Byd1f/~~ MICHAEL A. KORANDA 't""=<' - J .~- '--,~" - "- '" - ~ . .. _ :-L ,,' '';''':',' "''',<F~.j) ..~- ;.'-:":,~;-~..,t-,,~-'i,0/,,J>.-,~',: '~ -~,-o _ -"'~'" _ "-;;,' SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 V'. KURT A. LEESE and SHAFFER TRUCKING INC. CIVIL ACTION - LAW Defendants CERTIFICATE PREREQUISITE .TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants, by and through their attorneys, certify that: (1) A notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoenas has been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. BY: \<\.SILEFSKI NIS J. BONETTI, ESQUIRE Aorney LD. 34329 2931 North Front Street Harrisburg, PA 17110 (717)238-7555 DATE: lo,18-01 Attorney for Defendants ",,-"'''''',,'''. -< '" 0',. '< ^' "_",_ ",-,.io;~""l>.. ~..~ ~, , ,^" ~i SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 v. KURT A. LEESE and SHAFFER TRUCKING INC. CIVIL ACTION - LAW Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. BY: PE~SKl D S J. BONETTI, ESQUIRE Attorney J.D. 34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Date: ~ - 2L/ -0 \ Attorney for Defendants ."," , '-' ~',. "J,' b,",;,.l_' ~T- .'" o"'J' '.; ,..; """'l~ iw:k ~ OF PlliNSYLW\NIA COUNTY OF aJMBERIAND Sandra O. McKeehan and J obn McKeehan, 'husband and wife, Plaintiffs : : File No. 01-733 . v. : Kurt A. Leese and Shaffer Trucking, Inc. Defendants SUBPOENA TO PRCCllX:E DCCLl'1ENTS OR TI-i J NGS FOR D f SCOVERY PURSUANT TO RULE 4009.22 Records Custodian, William J. Phelan, M.D., 2 Tyler Court, Carlisle, PA 17013 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete cop~es of any and all medical records reports and diagnostic studies regarding Sandra O. McKeehan TO: Peters & Wasilefski, 2931 North Front Street, Harrisburg, PA 17110-1ZtlO at (Address) You may deliver or mail legible copies of the doct.ments or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order oompelling you to comply with it. TH I S SUBPC€NA WAS I SSUED AT TI-iE REOOEST OF TI-iE FOLLOH I NG PERSON: NA/'E: Dennis J. Bonetti, Esquire ADORESS: 2931 NorEhhFront Street Harrisburg, FA 17110-1280 TELEPHONE: (717) 238-7555 SUPREl1:: CCUIT ID # 34329 ATTORNEY FOR: Defendants BY TI-iE CCURT: Prothonotary/Clerk. Civil Division DATE: Seal of the Court Deputy (Eff. 7/97) -' "- -~- , -~ ~ " 2. ,. ~~..i'",'~ ) ,~,.,' '" ~' . ==., ~ OF PmNSYLV1\NIA <XlUNl'Y OF CUMBERLI\ND Sandra O. McKeehan and John McKeehan, husband and wife, Plaintiffs : File No. 01-733 v. Kurt A. Leese and Shaffer Trucking, Inc., Defendants SUBPOENA TO PROC<X;E DCCLt1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RUlE 4009.22 TO: Records CUstodian, Masland Associates, 220 Wilson Street, Medical Arts Building, Suite lOt (Ncme of Person or Entity) Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doa.rnents or things: Complete copies of any and all medical records, reports and diagnostic studies regarding Sandra o. McKeehan at Peters & Wasilefski, 2931 North Front Street, Harrisburg, PA 17110-1280 (Address) You may deliver or mail legible copies of the doctments or produce things requested by this subpoena, together with the certificate of ca1lJ1iance, to the party making this request at the address 1 isteci above. You have the right to seek in advance the reasonab I e cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order carpelling you to ca1lJly with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FOLLCW I NG PERSON: N~: Dennis J. Bonetti, Esquire ADDRESS: 2931 North Front Street Harrisburg, PA 17110-1280 TELEPt-<<:lNE: (717) 238-7555 SUPREME COURT 10 # 34329 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civi 1 Division DATE: Sea 1 of the Court Deputy (Eff. 7/97) ,,,,,",,,~~ . ~' -,"-,...y. '" - ,,-" -'~ " -",.--". ,.'.'"',,,'_'_ ""<1. ~ ''\l1ifi CCfoMlNWEI',LTH OF PllmSYLVANIA <XJUNrY OF OJMBERIAND Sandra 0: McKeehan and John McKeehan, husband and wife, Plaintiffs : File No. 01-733 v. : Kurt A. Leese and Shaffer Trucking, Inc. Defendants SUBPOENA TO PRCCIlX:E DCCl.NENTS OR il-ll NGS FOR DISCOVERY PURSUANT TO RULE 4009. 22 Records Custodian, Richard H. Hallock, M.D., 875 Poplar Church Road, Camp Hill, PA 17011 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo 1 lowing docunents or th ings: Complete copj,es of , any and all medical records, reports and diagnostic studies regarding Sandra O.i:iMcKeehan TO: at Peters & Wasilefski, 2931 North Frontl':Street, Harrisburg, PA 17110-1280 (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carp Tiance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to carply with it. THIS SUBPOENA Wf.S ISSUED AT THE REQUEST OF THE FOlLOHING PERSON: NA/'E: Dennis J. Bonetti, Esquire AOORESS:2931 North Front Street Harrisburg, PA 17110-1280 TELEPHONE: (717) 238-7555 SUf'R8"E COURT 10 # 34329 ATTORNEY FOR: Defendants BY THE CCURT: Prothonotary/Clerk, civil Division DATE: Sea 1 of the Court Deputy (Eff. 7/97) "it...,.,..._ ;. .~ ~ ~~~,~ F, ..~ '''"'',- ,","" ';';:;A ';.., ".:;.J CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel and parties of interest by placing the same in the United Stated mail, fIrst-class, postage prepaid, at Harrisburg, Peunsylvania on a:{;!j/[J of 01 and addressed as follows: Brian A. McCall, Esquire Tomasko & Koranda,P.C. 219 State Street Harrisburg, PA 17101 ~&WAS1J /a/lM D ~14(L BY: ,~".~ '~ " ,~,- . .'" > '";J;,e',,, ","_.,,<<,." .,~r.'" ~-',,-;,;,,,~;},,,,,,~,;;,-,',,~; ""-;"':'L'i~'" "[)c CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 upon all counsel and parties of interest by placing the same in the United Stated mail, fIrst-class, postage prepaid, at Harrisburg, Pennsylvania on this~ay o~ .2001 and addressed as follows: Brian A. McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 ~ WASIL~SKI W-1 roll/-. BY: ;;;-..... - ,-,- .) o .~ , SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs, vs. KURT A. LEESE and SHAFFER TRUCKING, INC. Defendants. TO THE PROTHONOTARY: " , < -.' "- ,- "",'" -" .,-< ,;;,- "~,,,~ "~ ~, " ~h}~_ o ",r ... ~~ .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 CNIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Kindly mark the above-captioned action settled, discontinued and ended with costs assessed to Plaintiffs. Dated:c1)~~ho...,;> Respectfully submitted, MICHAEL A. KORANDA P A ill #58808 ,';,'{, < ~' ~ '. "~IIj;$l~~~;"';"i!<<Bi~.:illiiliH:i,",'l-i&<~JI"'':;li&~' ~'~"'" '" ..... ___. ,. ~ ~O' <_^' "~.__ ." L,;~" 7~ ~ L~. r. _'~~' d -~ -~"~~< '" " ' '"iWlllill"'..... ~ lYil t c\d.',. ~~~-. o c: -:''7 *'O~i~ mF Z~' zf: (j) ;::. ~l. 3:::_' ----L.-' )>(~' ;::;;--- ~-:: -< . o w ~ L_ G~ I CJ" ~'-. ~. --0 3 ~ ..,\ ::1:" ill r=- -'nm ';X~6 -..,-- " '.:5" "'70 ;~rn :0.., 55 '< ~ \0 -"., "^,'''-;',~~,,,o,~, _, 'd' ." _n - ~,__, -""'i.':",.,,\--,>,,,j:.';1,,-:o',N"'~ ,;,-,~/~" -'.~"-'2;;?",, "_,, '_.j,,;..~, "c";J_j"',,,,' ,- ~ ~" ~,,','~ '_~ SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 v. KURT A. LEESE and SHAFFER TRUCKING INC. CML ACTION - LAW Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA(S) PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena( s) for documents and things pursuant to Rule 4009.22, Defendants, by and through their attorneys, certify that: (1) A notice of intent to serve the subpoena( s) with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) are 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 are identical to the subpoena(s) which are attached to the notice of intent to serve the subpoena( s). A.SILEFSKI BY: D NIS J. BONETTI, ESQUIRE A orney I.D. 34329 2931 North Front Street Harrisburg, PA 17110 (717)238-7555 DATE: 8"20-(5'7- Attorney for Defendants ,~ ~ -""' ,., ~- ,." "', ~, 0 ,_~.~ " ~. ",w...'..)"",;; SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO.: 01-733 v. KURT A. LEESE and SHAFFER TRUCKING INC. CIVIL ACTION - LAW Defendants NOTICE OF INTENT TO SERVE SUBPOENA(S) TO PRODUCE DOCUMENTS AND TIllNGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoena( s) identical to the ones that are attached to this notice. Yon 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(s). If no objection is made, the snbpoena(s) may be served. & SILEFSKI ;#1/ d /":4-_/ / . D NIS J. BONETTI, ESQUIRE Attorney LD. 34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 BY: Date: 7 -2 q-()'L Attorney for Defendants J" I ~ OF l'E\lNSYLVANIA a::uNl'Y OF COMBERIAND Sandra O. McKeehan and John McKeehan, husband and wife, Plaintiffs v. Kurt A. Leese and Shaffer Trucking, Inc. Defendants Fi le No. 01-733 SUBPOENA TO PRCClJCE DOCLMENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO,Records Custodian, Penns Wood Physical Therapy, 419 Stonehedge Drive, Suite ~ (Nane of Person or Entity) Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: Complete copies of a~y and all medical records, reports and dlagnOS1:1C s 1:udie:; L egaU1.Ll!!; 3aIHh a Mc:Keehan at Peters & Wasilefski, 2931 North Front Street, Harrisburg, PA 17110 (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making this request at tl1e address listed above. vou have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to carply with it. TH I S SUBPOENA WAS I SSUED AT THE REQUEST OF THE FCLLCW I NG PERSON, NAI'E: Dennis J. Bonetti, Esquire 2931 North Front Street ADOflESS: Harrisburg, PA 17110 TELEPHONE: (717) 238-7555 SUPREl'E CCURT I D If 3432 9 ATTCRNEY FOR: Defendants BY THE CC'JRT: Prothonotary/Clerk, civil Division DATE: seal af the Court Deputy (,...-- ,-' 7/97:; .J;, .-, ,"""-~.~"_ ,,,;,, ,;,,~"",,;'.'--" <_~,'... __.o~< _",,-;;-,',~,,~,;!,~,,'-<"'_ '>""__'L',; ,,,,_'_,, ;'~I CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel and parties of interest by placing the same in the United Stated mail, first-class, postage prepaid, at Harrisburg, Pennsylvania on ~q:y of ~'---L 2002 and addressed as follows: , U Michael A. Koranda, Esquire Tomasko & Koranda, P.e. 219 State Street Harrisburg, PA 17101 ':(1' & W ASILEFSKI tduew ?ILQw &-VA---- BY: , .u', "";'-'' ,'_ , U<U. '"__""',e.-?o,,-~._,,,,",,,,,(,,,/ ',T-.d,,~., ,', '.;",;',:" - "'-",,- i;,-;*"";"";':,",""tn""-'j:...,,,,,,,';~O:~'1;" '-o".'}' . -, --/""',i';{i~i' . i CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 upon all counsel and parties of interest by placing the same in the United Stated mail, first-class, postage prepaid, at Harrisburg, Pennsylvania on ~, of G...uaUl.l.J' .2002 and addressed as follows: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 ~S & W ASILEFSKI ~~Aj)t BY: "''''--h''' 'j i ~ ~~~lli!l'iLI};_J&'"" -, -~,~.-.",~,," ~, ~_~"";'";-"~..aiir,';';';.;'''-L;''>"-- """, ..,,-~- "~ " ~"" " ,~ "'" ",' "'~"-' - . ~-" . , " ',,;; ,-,'~ ,'0' ~,~"" ~,' , ,~ " " . ~i Cl ~ N "" ::;:l C c;") m:n ,- tB~ N -'Om =. N u9 ~"'- ':Jc, C) :<:: "" -, ..::;;. ~(') -"- f::>'jj >Q t5~ ~ -"-I :J'1 ~ '0 '<",'- "'''~~- _ ",,1,