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TODD ALAN REED
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2467 CIVIL TERM
RICHARD LEONARD,
CECELlA LEONARD and
ROSE A. LEONARD,
Defendants
CIVIL ACTION - LAW
: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, order 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 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, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
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Americans with Disabilities
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Act of1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
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Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
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accommodations available to disabled individuals having business before the court, please contact our
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office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
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TODD ALAN REED
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2467 CIVIL TERM
RICHARD LEONARD,
CECELIA LEONARD and
ROSE A. LEONARD,
Defendants
CIVIL ACTION -LAW
:JURY TRIAL DEMANDED
" ,~ COMPLAINT
AND NOW, thi40 day of December, 2002 comes the Plaintiff, TODD ALAN REED,
by his attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the
defendants, RICHARD LEONARD, CECELlAN LEONARD and ROSE A. LEONARD:
i.;
1.
The Plaintiff is Todd Alan Reed, an adult individual residing at 75 West Main Street,
Newville, Peunsylvania 17241.
2.
The Defendants, Richard Leonard, Cecelia Leonard and Rose A. Leonard, are adult
individuals residing at 88 Lonesome Road, Newville, Pennsylvania 17241.
3.
On May 1, 1999, at approximately 4:30 am., the Plaintiff, Todd Alan Reed, was a
passenger in the front seat of a 1989 Chevrolet Cavalier driven by Rose A. Leonard and owned
by Cecelia Leonard and Richard Leonard.
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4.
The single vehicle injury accident occurred on Wolfe Bridge Road approximately 75 feet
before Route 34. The vehicle was travelling at a high rate of speed when the Defendant, Rose
Leonard, lost control of the vehicle, went off the left side of the roadway and struck a utility pole.
5.
The Plaintiff, Todd A. Reed, had multiple contusions and abrasions on his face due to the
severe impact which caused his head and face to break through the windshield of the vehicle.
6.
The Defendant, Rose A. Leonard, received a hand and leg injuries as result of the impact.
7.
Both Plaintiff, Todd A. Reed, and Defendant, Rose A. Leonard, were taken by ambulance
to Carlisle Hospital, Carlisle, Pennsylvania, for emergency treatment of their injuries.
8.
The Plaintiff, Todd A. Reed, was treated for multiple facial lacerations with multiple
shards of glass imbedded into his head and face. The Plaintiff, Todd A. Reed, received
numerous sutures to closes the lacerations in his face.
9.
The injuries sustained by the Plaintiff was caused by the negligence and careless actions
of the Defendant, Rose A. Leonard.
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The Defendant, Rose A. Leonard, was negligent and careless as follows:
a. She failed to maintain his vehicle under proper control in an effort
to avoid a collision;
b. She was operating his vehicle at an unsafe speed;
c. She was operating the vehicle while under the influence of alcohol; and
d. She was not paying attention to the highway.
11.
The negligent actions of the Defendant, Rose A. Leonard, were the proximate cause of
the injuries to the Plaintiff, Todd A. Reed.
12.
The conduct of the Defendant, Rose A. Leonard, in operating the motor vehicle while
under the influence of alcohol was outrageous in that it was done with a reckless indifference to
the safety of the Plaintiff.
13.
At the time of the accident, Defendants, Cecelia Leonard and Richard Leonard, had
negligently entrusted the vehicle to their daughter, Defendant, Rose A. Leonard, knowing that
she would be drinking and operating their vehicle in a reckless manner.
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14.
The Plaintiff, Todd A. Reed, seeks compensation for the pain and suffering, emotional
distress, and loss of life's pleasures since the date of the accident as well as compensation for
future losses he will incur in these areas.
15.
The Plaintiff, Todd A. Reed, seeks compensation for the medical expenses which he has
incurred and may incur in the future to treat his injuries and lost income from his work which
occurred as a result of the injuries he sustained in the accident.
16.
The Plaintiff, Todd A. Reed, also seeks compensation for the serious and permanent
injuries which he has sustained to his face which has caused extensive scarring.
WHEREFORE, the Plaintiff, Todd A. Reed, requests compensation and punitive
damages from the Defendants in the amount in excess of Twenty-Five Thousand and no/lOO
($25,000.00) Dollars with interest as permitted by law and the costs of this litigation.
Respectfully submitted,
IRWIN, MC
By: Marcu 1\. Mc
60 West Pomfret t
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for plaintiff
Date: December 20, 2002
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VERIFICATION
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The foregoing Complaint is based upon information which has been gathered by
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counsel and myself in the preparation of thir action. I have head the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
('"./o.u c..~
TODD A. REED
Date: DECEMBER. 20, 2002
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TODD ALAN REED
Plaintiff,
v.
RICHARD LEONARD,
CECELIA LEONARD and
ROSE A. LEONARD,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2467 CML TERM
CML ACTION - LAW
:JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
John A. Statler, Esquire
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
By:
Date: December 20, 2002
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TODD ALAN REED,
PLAINTIFF,
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
(JI-~I/~ ?
NO. CIVIL TERM
RICHARD LEONARD,
CECELIA LEONARD and
ROSE A. LEONARD,
DEFENDANTS
CIVIL ACTION - LAW
PRAECIPE FOR A WRIT OF SUMMONS
TO CURTIS R. LONG, PROTHONOTARY:
Please enter my appearance on behalf of the Plaintiff and issue a Writ of Summons against the defendants,
Richard Leonard, Cecelia Leonard and Rose A. Leonard. Please direct the Sheriff to serve the defendants as
follows:
Richard Leonard
Cecelia Leonard
Rose A. Leonard
88 Lonesome Road
Newville, P A 17241
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
Date: April 27, 2001
To: RICHARD LEONARD, CECELIA LEONARD and ROSE A. LEONARD
You are hereby notified that Todd Alan Reed, the plaintiff, has commenced an action against you which
you are required to defend or a default judgment may be entered against you.
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PROmO OTARY
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DEPUTY
By:
Date: ~ .;2'7 .2001
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2001-02467 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
REED TODD ALAN
VS
LEONARD RICHARD ET AL
RICHARD E. SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
LEONARD RICHARD
the
DEFENDANT
, at 1840:00 HOURS, on the 1st day of May
, 2001
at 88 LONESOME ROAD
NEWVILLE, PA 17241
by handing to
RICHARD LEONARD
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
So Answers:
18.00
6.20
.00
10.00
.00
34.20
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R. Thomas Kline
05/02/2001
IRWIN MCKNIGHT
Sworn and Subscribed to before By:
me thi s A. 3"^-- day of
~d ~I A.D.
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915' ~7ud'##., A~
rothonotary'
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CASE NO: 2001-02467 P
SHERIFF'S RETURN - REGULAR
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
REED TODD ALAN
VS
LEONARD RICHARD ET AL
RICHARD E. SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
LEONARD CECELIA
the
DEFENDANT
at 1840:00 HOURS, on the 1st day of May
, 2001
at 88 LONESOME ROAD
NEWVILLE, PA 17241
by handing to
CECELIA LEONARD
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers: ,~~
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R. Thomas Kline
05/02/2001
IRWIN MCKNIGHT
Swo~ and Subscribed to
me this J. -J,d day of
before
By:
eriff
/'LIA.. .;lbof A.D.
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Prothonotary
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2001-02467 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
REED TODD ALAN
VS
LEONARD RICHARD ET AL
RICHARD E. SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
LEONARD ROSE A
the
DEFENDANT
, at 1840:00 HOURS, on the 1st day of May
, 2001
at 88 LONESOME ROAD
NEWVILLE, PA 17241
by handing to
CECELIA ROAS, MOTHER
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
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R. Thomas Kline
05/02/2001
IRWIN MCKNIGHT
Sworn and Subscribed to before By:
me this :l,?~1 day of
ftt ~ A.D.
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P othonotary
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John A. Statler, Esquire
AttorneyI.D.~o.43812
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 2344161
Attorney for Defendants
TODD ALAN REED,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
RICHARD LEONARD, CECEL1A
LEONARD and ROSE A. LEONARD,
Defendants
: NO. 01-2467 Civil Term
: JURY TRlAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter the appearance of John A. Statler, Esquire of Goldberg, Katzman and
Shipman, P.C. as counsel for Defendants Richard Leonard, Cecelia Leonard and Rose A
Leonard.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By:
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John A. Statler, Esquire
Attorney 1. D. No. 43812
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
DATE: l/ / "7 ! 0 2-
87274.1
Attorneys for Defendants
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon ail parties or counsel of record by depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage prepaid on the
7'"'fV\
day of
1\1 (l\r<-wt \v-v
, 2002, addressed to the following:
Marcus A. McKnight, III,Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.c.
By
John A. S atler, Esquire
Attorney I. D. No. 43812
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendants
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John A. Statler, Esquire
Attorney 1. D. No. 43812
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, P A 17108-1268
Telepbone:(717)234-4161
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TODD ALAN REED,
Plaintiff
Attorney for Defendants
v.
RICHARD LEONARD, CECELlA
LEONARD and ROSE A. LEONARD,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01-2467 Civil Term
: JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter a Rule upon the Plaintiff, Todd Alan Reed, to file a Complaint within 20 days
or suffer a judgment non Dros sea. reg.
DATE: II I 7 / 0 2-
81275.1
Respectfully submitted,
By:
GOLDBERG, KATZMAN & SHIPMAN, P.c.
J~d
Attorney I. D. No. 43812
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendants
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RULE
TO PLAINTIFF TODD ALAN REED:
You are hereby directed to file a Complaint in the above-captioned matter within 20 days
or judgment non OfOS will be entered against you.
DATE:
/1- y- OJ..
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all parties or counsel of record by depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage prepaid on the
I'J O"ll'.tMA ~ ,2002, addressed to the following:
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day of
Marcus A. McKnight, III,Esquire
IlWin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
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Attorney I. D. No. 43812
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendants
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John A. Statler, Esquire
Attorney 1. D. No. 43812
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, P A 17108.1268
Telephone: (717) 234-4161
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TODD ALAN REED,
Plaintiff
Attorney for Defendants
v.
RICHARD LEONARD, CECELIA
LEONARD and ROSE A. LEONARD,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION . LAW
: NO. 01-2467 Civil Term
: JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a
Complaint which was issued on November 8, 2002 and served on the date reflected in the
attached Certificate of Service.
DATE: II 1/2-10 L
87276.1
GOLDBERG, KATZMAN & SHIPMAN, P.c.
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John A. Statler, .
Attorney 1.D. No. 43812
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108.1268
Telephone: (717) 234-4161
Attorney for Defendants
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John A. Statler, Esquire
Attorney 1. D. No. 43812
GOLDBERG, KATZMAN & SIllPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717)234-4161
Attorney for Defendants
TODD ALAN REED,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
RICHARD LEONARD, CECELIA
LEONARD and ROSE A. LEONARD,
Defendants
: NO. 01-2467 Civil Term
: 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 on November 8, 2002, upon counsel for
Plaintiff, by depositing same in the United States Mail at Harrisburg, Pennsylvania, with first-class
"11i\
postage prepaid on the I 2- day of No V-t#1 ~ , 2002, addressed to the following:
Marcus A. McKnight, Ill,Esquire
Irwin, McKnight & Hughes
60 West Pomftet Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.e.
By:
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Attorney I.D. No. 43812
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorney for Defendants
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that 1 served a true and correct copy of the foregoing document
upon all parties or counsel of record by depositing a copy of same in the United States Mail at
Harrisburg, Pennsylvania, with first-class postage prepaid on the
I 2- /1A
day of
No v-e-wI ~
, 2002, addressed to the following:
Marcus A. McKnight, III,Esquire
Irwin, McKnight & Hughes
60 West Pomftet Street
Carlisle, PA 17013
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.e.
By
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendants
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John A. Statler, Esquire
Attorney 1. D. No. 43812
GOLDBERG, KATZMAN & SHIPMAN, P.c.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorney for Defendants
TODD ALAN REED,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
RICHARD LEONARD, CECELIA
LEONARD and ROSE A. LEONARD,
Defendants
: NO. 01-2467 Civil Term
: JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Defendants hereby certifY that:
1.) A Notice oflntent to serve the subpoena, with a copy of the subpoena attached
thereto, was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena was sought to be served;
2.) A copy of the Notice oflntent, including the proposed subpoena, is attached to
this certificate;
3.) No objection to the subpoena has been received; and
4.) The subpoena to be served is i entical to the subpoena attached to the Notice of
Intent.
By:
DATE: I (J /1 3 J 0 3
John A. Statler, Esq .
Attorney J.D. No. 43812
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
.~
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John A. Statler, Esquire
Attorney I. D. No. 43812
GOLDIlERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. BOl< 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorney for Defendants
TODD ALAN REED,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
RICHARD LEONARD, CECELIA
LEONARD and ROSE A. LEONARD,
Defendants
: NO, 01-2467 Civil Term
: JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: TODD ALAN REED, Plaintiff
c/o MARCUS A. MCKNIGHT, ESQUIRE
Irwin, McKinight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
PLEASE TAKE NOTICE that Defendants, Richard Leonard, Cecelia Leonard and
Rose A. Leonard intend to serve a subpoena identical to the one attached to this notice. You
have 20 days from the date listed below in which to file on record and serve upon the undersigned
an objection to the subpoena. Ifno objection is made, the subpoena may be served.
GOLDBERG, KATZMAN & SHIPMAN, P.c.
By:
~~
Attorney for Defendant
Date: 412.; f03
..
. (DoM)NWFALTH OF PmlNSYLV2\NIA
<XXlNl'Y OF aJMBmIAND
TODD ALAN REED,
l'laintiff
v.
File No. 01-2467 Civil Term
RICBAlID LKONAlID, CECELIA LEONARD
and ROSE A. LEONAlID,
Defendants
SUlPOENA TO Pfl()()(XE DOCltENTS OR 11i I NGS
FOR 0 I SOOVERY PURSUANT TO RULE 4009.22
TO: Graham Medical Clinic
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the fOllowir\9 docunents or things: Copies of all medical records, medical reports,
office notes, physical therapy records, correspondence, x-ray.'reports, MRI reports, nospiral
]records, test reports~any and all uLb~L L~~ULdb pCLta~aiftt ~8 any eare aT ~r8~~4~~ pv~r
reBdered te: '001))) ALAI\{ RI11m; noR, 8/17/71: SSN: 210-66-9040.
at Goldberp;, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, l'A
11108-1268
(A,ddress)
You may deliver or mail legible copies of the docunents or produce things requested by
this subpoena, together with the certificate of CCfIl)liance, to the party making this
request at the addr<>ss listed above. You have the right to seek in advance the reasonable
cOst of preparing the copies or producing the things sought.
I f you fail to proquce the docunents or things required by this subpoen; within twenty
(20) days after its service, the party serving this subpoena noay seek a court order
oarPelling you to COITIlly with it.
nlls SUBPOENA WAS ISSUED AT TIE REGll.eST OF THE FOLLONING PERSON:
NAtE: John A. Statler, Esqnire
Goldberg, Katzman ana Shtpman, P.C.
ADDRESS: _32Jl....l1arket Street
P'..O. Box 1268
Han:isbu.rg,--w.- 17108-1268
~4E: (717) 234-4161
SlJ'REI'E a:urr 10 # 43812
ATTORNEY FOR: Defendants
.
BY TI-E ~T:
Prothonotary/Clerk, Civi I Division
OATE:_
Sea 1 of the Ccx.r.t
Deputy
(Eff. '1/91)
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that 1 served a true and correct copy of the foregoing document
upon all parties or counsel of record by depositing a copy of same in the United States Mail at
/ 3 """[1A
Harrisburg, Pennsylvania, with first-class postage prepaid on the
day of
()cJv~
, 2003, addressed to the following:
Marcus A. McKnight, I1I,Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.e.
By
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendants
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John A. Statler, Esquire
Attorney 1 D. No. 43812
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg,PA 17108-1268
Telephone: (717) 234-4161
Attorney for Defendants
TODD ALAN REED,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
RICHARD LEONARD, CECELIA
LEONARD and ROSE A LEONARD,
Defendants
: NO. 01-2467 Civil Term
: JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service ofa subpoena for documents and things pursuant to Rule 4009.22,
Defendants hereby certify that:
1) ANotice ofIntent to serve the subpoena, with a copy of the subpoena attached thereto,
was mailed or delivered to each party at least twenty days prior to the date on which the subpoena was
sought to be served;
2)
certificate;
A copy of the Notice of Intent, including the proposed subpoena, is attached to this
No objection to the subpo
has been rec~iV~?; and
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JbP6eA:~
'''')~e,
Intent.
3)
4)
By:
DATEd;.,
rt< - y, /t7tJ2.-
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John A. Statler, Esquire
Attorney 1. D. No. 43812
GOmBERG, KATZMAN & SHIPMAN, p.e.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Te1ephone:(717)234-4161
(( .' Ii '.", .. ,/
'0 ~; iI:::/ If
Attorney for Defendants
TODD ALAN REED,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION -LAW
RICHARD LEONARD, CECELIA
LEONARD and ROSE A LEONARD,
Defendants
: NO. 01-2467 Civil Term
: JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Marcus A. McKnight, Esquire:
PLEASE TAKE NOTICE that Defendants" intend to serve subpoenas identical to the
ones attached to this notice. You have twenty (20) days from the date listed below in which to
file on record and serve upon the undersigned an objection to the subpoenas. If no objection is
made, the subpoenas may be served.
GOLDBERG, KATZMAN & SHIPMAN, P.e.
Date: r0"1C IJ, J1/2--
By: --J)/ S /sU1C
John A. Statler, Esquire
Attorney for Defendants
.
. <XM-UNWEI\LTH OF prnNSYLVANIA
<XXlNl'Y OF aJMBEmJ\ND
Todd Allen Reed, Plaintiff
vs.
File No. 01-2467
Richard Leonard, Cecelia Leonard and
Rose A. Leonard, Defendants
SUBPOENA TO PRClOlk::E DOCl.M:NTS OR TH' NGS
FOR 0 I srovERY PURSUANT TO RULE 4009.22
TO: r.Rr1iRle Hospital
(N<rne 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: Any and all medical records pertaining to
Todd Allen Reed, DOB 8/9/71, ssH 210-66-9040
at
h' P C 320 Market Street, Harrisburg, PA
Goldberg, Katzman & S lpman, ..,
(A.ddress)
You may deliver or mail legible cooies of the documents or produce things requested by
this subpoena, together with the certificate of carpliance. to the party making this
request at the addr,?,ss listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
'f you fai 1 to produce the docunents or things required by this subpoen'3. within twenty
(20) days after its service, the party serving this subpoena IT'ay seek a court order
o::.ni)e 11 ing you to carp ly with it.
TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLCYlI NG PERSON:
NAME: John A. Statler, Esquire
ADORESS:~_~O Market Street, PO Box 1268
Harrisburg ,_ PA 17108-1268
TELEPrKX~E: (717) 234-4161
StJ'REI"E COUIT 10 # 43812
ATTORNEY FOR: Defendants, Rose A. Leonard
DATE:
,/!Joe.) /.:l ~,
Seal of the &;;:;,.-t
Prothonotary/Cler . Oi . Division
44,,_P_~CP/JJ~~
Deputy
"---
(Eff. 7/97)
-
<XJ!.MlNWE2\LTH OF PENNSYLVANIA
<XXlNl'Y OF aJMBmLAND
Todd Allen Reed, Plaintiff
vs.
File No. 01-2467
Richard Leonard, Cecelia Leonard and
Rose A. Leonard, Defendants
SUBPOENA TO PR<X:lLCE [)()CU-ENTS OR TH I NGS
FOR OISCOVERY PURSUANT TO RULE 4009.22
TO:
Aesthetic Reconstructive Surgery of Central PA
(Nane of Person or Entity)
Within twenty (20) days after service of this subpoena. you are ordered by the court to
produce the fo llowinq documents or things: Any and all records pertaining to Todd Allen
Reed, DOB 8/9/71, ssH 210-66-9040
at Goldberg, Katzman & Shipman, P.C., 320 Market Street, Harrisburg, PA 17108-1268
( t>,ddress )
You may deliver or mail legible cooies of the documents or produce things requested by
this subpoena. together with the certificate of carpliance. to the party making this
request at the addr~ss 1 isted 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 produc:e the documents or things required by this subpoen'3. within twenty
(20) days after its service, the party serving this subpoena IT'ay seek a court order
o::.ni)e 11 ing you to carp ly with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCYlING PERSON:
NAME: John A. Statler, Esquire
ADORESS:]~Q Market Street, Box 1268
HRrri R'mrg. 1'1L..l7108
TELEPrKX~E: (717) 234-4161
SU'REJoE O:::UH 10 *' 43812
ATTORNEY FOR: Defendants,Rose A. Leonard
Prothonotary/Clerk. Division
&~ ~p 7f~j}AC.~-
OATE:_ .//JOl\
Sea I of
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the' Court.
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John A. Statler, Esquire
Attorney l. O. No. 43812
GOLDBERG, KATZMAN & SlDPMAN, P.C,
320 Market Street
P.O. Box 1268
Ranisburg, PA 17108-1268
Telepbone: (717) 234-4161
Attorney for Defendants
TODD ALAN REED,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
RICHARD LEONARD, CECELIA
LEONARD and ROSE A. LEONARD,
Defendants
: NO. 01-2467 Civil Term
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: TODD ALAN REED, Plaintiff
c/o MARCUS A. McKNIGHT, ill, ESQUIRE
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days
of service hereof or a default judgment may be entered against you.
GOLDBERG, KATZMAN & SHIPMAN, P.c.
DATE: 1/1S-/03
BY~~
John A. Statler, Esqu'
Attorney I, D. No. 43812
320 Market Street
P,O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorney for Defendants
.... .
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John A Statler, Esquire
Attorney I. D. No, 43812
GOLDBERG, KATZMAN & SIDPMAN, P,C,
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorney for Defendants
TODD ALAN REED,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
RICHARD LEONARD, CECELIA
LEONARD and ROSE A LEONARD,
Defendants
: NO. 01-2467 Civil Term
: JURY TRIAL DEMANDED
DEFENDANTS' ANSWER TO
PLAINTIFF'S COMPLAINT INCLUDING NEW MATTER
AND NOW, come the Defendants, Richard Leonard, Cecelia Leonard and Rose A
Leonard, by their attorneys, Goldberg, Katzman and Shipman, P.e. who file the following Answer
and New Matter in response to the Plaintiff's Complaint:
1, Admitted on information and belief
2. Admitted.
3. It is admitted that on May 1, 1999 at approximately 4:30 a,m., Todd Alan Reed
was a passenger in the front seat of a 1989 Chevrolet Cavalier driven by Rose A Leonard. The
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vehicle was owned by Rose A Leonard and Cecelia Leonard. The vehicle was not owned by
Richard Leonard.
4. It is admitted that a single vehicle accident occurred on Wolfe Bridge Road near
the intersection of Route 34. It is denied that the vehicle was traveling at a high rate of speed. It
is admitted that the vehicle went off the left side of the roadway and struck a utility pole.
5, It is admitted that the Plaintiff sustained some injuries to his face in this accident
6, Admitted.
7, Admitted.
8, Based upon information and belief, it is admitted that the Plaintiff received
treatment to his head and face including sutures, By way of further answer, Defendants are
without information sufficient to form a belief as to the truth or falsity of the remaining averments
in this paragraph and, therefore, deny the same and demand strict proof at trial if deemed material.
9, The averments in this paragraph constitute conclusions oflaw to which no
response is required. In the event a response is deemed to be required, it is denied that any
2
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injuries sustained by the Plaintiff were caused by an negligence or careless actions on the part of
Defendant Rose Leonard,
10. The averments in this paragraph constitute conclusions oflaw to which no
response is required, In the event a response is deemed to be required, it is denied that Defendant
Rose A Leonard was negligent and careless in:
a. failing to maintain the vehicle under proper control in an effort to
avoid a collision;
b, operating the vehicle at an unsafe speed;
c, operating the vehicle while under the influence of alcohol; and
d, not paying attention to the highway.
11. The averments in this paragraph constitute conclusions of law to which no
response is required. In the event a response is deemed to be required, it is denied that Defendant
Rose A Leonard was negligent and further denied that any negligent actions on the part of
Defendant Rose A Leonard were the proximate cause of any injuries sustained by the Plaintiff.
12. The averments in this paragraph constitute conclusions oflaw to which no
response is required. In the event a response is deemed to be required, it is specifically denied
that Defendant Rose A Leonard was operating the motor vehicle while under the influence of
3
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alcohol. By way of further answer, it is denied that the conduct of Rose A Leonard was
outrageous or that it was done with a reckless indifference to the safety of the Plaintiff
13, The averments in this paragraph constitute conclusions of law to which no
response is required. In the event a response is deemed to be required, it is denied that Defendant
Rose A Leonard operated the vehicle in a reckless manner and denied that Defendants Cecelia
Leonard and Richard Leonard negligently entrusted the yehicle to their daughter knowing that she
would be drinking and operating their vehicle in a reckless manner.
14. The averments in this paragraph constitute conclusions oflaw to which no
response is required. In the event a response is deemed to be required, Defendants are without
information sufficient to form a belief as to the truth or falsity of the averments concerning the
Plaintiffs alleged damages and, therefore, deny the same and demand strict proof at time of trial if
deemed material.
15. The averments in this paragraph constitute conclusions oflaw to which no
response is required, In the event a response is deemed to be required, Defendants are without
information sufficient to form a belief as to the truth or falsity of the averments concerning the
Plaintiffs alleged damages and, therefore, deny the same and demand strict proof at time of trial if
deemed material.
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16. The averments in this paragraph constitute conclusions oflaw to which no
response is required. In the event a response is deemed to be required, Defendants are without
information sufficient to form a belief as to the truth or falsity of the averments concerning the
Plaintiff's alleged damages and, therefore, deny the same and demand strict proof at time of trial if
deemed material.
WHEREFORE, Defendants Richard Leonard, Cecelia Leonard and Rose A Leonard
respectfully request that the Plaintiff's Complaint be dismissed and that judgment be entered in
favor ofthe Defendants and against the Plaintiff.
NEW MATTER
By way of additional answer and reply, Defendants raise the following New Matters:
17. Some or all of the Plaintiff's claims are barred in whole or in part by the applicable
Statute of Limitations.
18. Some or all of the Plaintiff's claims are barred and/or are limited by the provisions
of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.SA 91701, et seq.,
and especially by 991705 and 1722 of that law.
5
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19, Some or all of the Plaintiffs claims are barred in whole or in part and/or are limited
by the provisions of the Pennsylvania Comparative Negligence Law and/or by the Doctrine of
Comparative/Contributory Negligence.
20, Plaintiff Todd A Reed failed to exercise reasonable care for his own safety and
was negligent and/or careless in that he:
a. insisted that Rose A Leonard drive him home knowing or having
reason to know that she was too fatigued or tired to do so; and
b, voluntarily rode as a passenger in the vehicle operated by Rose A
Leonard knowing or having reason to know that she was fatigued
and too tired to drive.
21. The negligence and carelessness of Plaintiff Todd A Reed as aforesaid was a
substantial factor in bringing about the Plaintiffs harm.
22. Todd Alan Reed has been paid for some or all of the damages alleged in the
Complaint and, therefore, claims for those damages are barred by the defense of payment.
6
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WHEREFORE, Defendants Richard Leonard, Cecelia Leonard and Rose A Leonard
respectfully request that the Plaintiff's Complaint be dismissed and that judgment be entered in
favor of the Defendants and against the Plaintiff.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.c.
By:
John A Statler, uir
Attorney L D. NO.4
320 Market Street
P. 0, Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
DATE: 1//S-/()3
Attorneys for Defendants
89539.1
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VERIFICATION
I, RICHARD LEONARD, hereby acknowledge that I am a Defendant in this action; that
I have read the foregoing Answer With New Matter; and that the facts stated therein are true and
correct to the best of my knowledge, information and belief
I understand that any false statements herein are made subject to penalties of 18 Pa. C S.
Section 4904, relating to unsworn falsification to authorities.
DATE:d \3'D?-
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VERIFICATION
I, CECELIA LEONARD, hereby acknowledge that I am a Defendant in this action; that
I have read the foregoing Answer With New Matter; and that the facts stated therein are true and
correct to the best of my knowledge, information and belief
I understand that any false statements herein are made subject to penalties of 18 Pa. C. S.
Section 4904, relating to unsworn falsification to authorities.
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Ok.J Lti 6{J IUI
CECELIA LEO ARD -1
DATE: O\'\~'Dd-
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VERIFICATION
I, ROSE A. LEONARD, hereby acknowledge that I am a Defendant in this action; that I
have read the foregoing Answer With New Matter; and that the facts stated therein are true and
correct to the best of my knowledge, information and belief
I understand that any false statements herein are made subject to penalties of 18 Pa. C. S.
Section 4904, relating to unsworn falsification to authorities,
~~
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ROSE ~. L NARD
DATE: 01, I~'()?-
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing document
upon all parties or counsel of record by depositing a copy of same in the United States Mail at
!S~
Harrisburg, Pennsylvania, with first-class postage prepaid on the
day of
J Pflu;r,
, 2003, addressed to the following:
Marcus A. McKnight, III,Esquire
Irwin, McKnight & Hughes
60 West Potnfret Street
Carlisle, PA 17013
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.e.
By
320 Market Street
P.O. Box 1268
Harrisburg, P A 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendants
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TODD ALAN REED,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2467 CIVIL TERM
RICHARD LEONARD,
CECELIA LEONARD and
ROSE A. LEONARD,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
To Curtis R. Long, Prothonotary:
Please mark the above-captioned case settled and discontinued and issue a Settlement
Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle,
PeIlllsylvania 17013.
Respectfully submitted,
By:
Date: December 22, 2003
_~~ _M_M_ ~~._,~<, ."_ "'~-_~_ ,-,'''',S~,~-_,,,__",_,,,-.,~__"~.,,____,_~ "--'_'0
,
,. ,
TODD ALAN REED,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2467 CIVIL TERM
RICHARD LEONARD,
CECELIA LEONARD and
ROSE A. LEONARD,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to
Settle and Discontinue was served upon the following by depositing a true and correct copy of
the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the
date referenced below and addressed as follows:
John A. Statler, Esquire
320 Market Street
P,O. Box 1268
Harrisburg, PA 17108-1268
IRWIN & McKNIGHT
By:
/z!i
.
0,25476
Date: December 22, 2003
2
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