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Home My WebLink About01-03684 ',. r"'~" _ '~',I -, -;'c. - 0 - " ~" iltl.dr"" >~;1, TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3684 FORKLIFTS INC and DONALD KUMLER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 ~~ Richard . Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 J.D. #30965 Date: 8/2/01 Attorney for Plaintiff ___ ~ "~,, _~--,- - 0 ,__ '0< p",," -,--". '~_~,\,i TRACY TOWNSEND, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3684 FORKLIFTS INC and DONALD KUMLER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra wilted sin previo aviso 0 notificacion y por cuaIquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 L~ Richard E. Freeburn, Esquire FREEBURN & HAMILTON 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 J.D. #30965 Date: 8/2/01 Attorney for Plaintiff > . '~ ~ ,; " ,~, . L "--. '^'" "',", ,~ .,.>.~ ="",'~ J1l:i TRACY TOWNSEND, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3684 FORKLIFTS 1NC and DONALD KUMLER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Tracy Townsend, by her attorneys, Freeburn & Hamilton, and files the following Complaint: 1. Plaintiff, Tracy Townsend, is an adult individual who resides at 2042 Wyatt Circle, Dover, York County, Pennsylvania. 2. Defendant, Forklifts Inc, is a corporation organized under the laws of the Commonwealth of Pennsylvania with offices at 741 Independence Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Donald Kumler, is an adult individual who resides at Arbor Manor, Apt. 7, New Buffalo, Perry County, Pennsylvania. 4. At all times relevant hereto, Defendant, Donald Kumler, was an employee of Forklifts Inc, acting within the scope of his employment. 5. The facts and occurrences hereinafter related took place on or about September 21, 1999 at approximately 2:45 p.m. on the northbound lanes of Interstate 83 in the Borough of Lemoyne, Cumberland County, Pennsylvania. ". ""~""'-'- ~'",' ""'~:ii7'l 6. At that time and place, Plaintiff was operating her 1997 Ford Escort automobile north on Interstate 83. 7. At that time and place, Defendant, Donald Kumler, was operating a 1999 Ford vehicle owned by Forklifts Inc north on Interstate Route 83 behind Plaintiffs automobile. 8. At that time and place, Plaintiff slowed her automobile for traffic ahead. 9. At that time and place, Defendant, Donald Kumler, failed to bring the vehicle that he was operating to a stop before the front portion of the vehicle collided with the rear portion of Plaintiffs automobile. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant, Donald Kumler operated a motor vehicle as follows: a. In operating a vehicle at an excessive rate of speed under the circumstances; b. In failing to have the vehicle under proper and adequate control; c. In failing to apply his brakes in time to avoid the collision; d. In failing to observe Plaintiffs vehicle on the highway; e. In failing to operate the vehicle in accordance with the existing traffic conditions and traffic controls; 2 . "', "'"''''lob',,' ""' ,', ~',- "-,,,-I~"i',^-"";:,--- "-,.. '.'~'''=1I'\f.!;i,' f. In permitting or allowing the vehicle to strike and collide with the rear of the vehicle operated by Plaintiff; g. In failing to drive at a speed and in the manner that would have allowed Defendant to stop within the assured clear distance ahead; h. In failing to keep a reasonable lookout for other vehicles lawfully on the roadway; and 1. Driving a vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of The Motor Vehicle Code of the Commonwealth of Pennsylvania. 11. By reason of the aforesaid collision, Plaintiff sustained painful and severe injuries to her nerves, bones and soft tissues, which include, but at not limited to head, neck, shoulder and back injuries. 12. By reason of the aforesaid collision and Plaintiffs injuries, Plaintiff has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 13. The aforesaid injuries sustained by Plaintiff may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 14. By reason of the aforesaid collision and Plaintiffs injuries, Plaintiff was forced to incur liability for the expenses of reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore herself to health and, to the extent permitted by law, claim is made therefore. 3 "~= ',' ~" - '~" ,.--, '..,.......'",,--.c ~- - ,"" ~,~"-. .~1[:2{ 15. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 16. By reason of the aforesaid collision and injuries, Plaintiff has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, eamings and employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling and, to the extent permitted by law, claim is made therefore. 17. By reason of the aforesaid collision and injuries, Plaintiff has incurred incidental costs and expenses, the exact amount of which cannot be ascertained at this time, and claim is made therefore. 18. By reason of the aforesaid collision and injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 19. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe humiliation, embarrassment, shame, worry and anger. 20. By reason of the aforesaid collision and injuries, Plaintiff has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 4 ,~. , "" ~'"~, '"""~-,, -q <"-",',' ~,', '~.~--.~\ 21. By reason of the aforesaid collision and injuries, Plaintiff will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 22. By reason of the aforesaid collision and injuries, Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. COUNT I Tracv Townsend. Plaintiffv. Donald Kumler. Defendant 23. Plaintiff incorporates herein by reference thereto the averments contained in paragraphs 1-22 above as though set forth herein in their entirety. WHEREFORE, Plaintiff, Tracy Townsend, demands judgment in her favor and against Defendant, Donald Kumler, in an amount in excess of TWENTY- FIVE THOUSAND & 00/100 DOLLARS ($25,000.00), exclusive of interest and costs, and in excess of the jurisdictional amount requiring compulsory arbitration. COUNT II Tracv Townsend. Plaintiff v. Forklifts Inc. Defendant 24. Plaintiff incorporates herein by reference thereto the averments contained in paragraphs 1-23 above as though set forth herein in their entirety. 5 -"," "~~> '-'-"'.' ,",,'. k.__ "'""'~'" " '_' ~i"" 25. At all times hereto, Defendant, Donald Kumler, was employed by Defendant, Forklifts, Inc, acting within the course and scope of his employment, furthering the interests, activities, affairs or business of Forklifts, Inc. 26. Defendant, Forklifts, Inc, is liable to Plaintiff for the negligent and wrongful actions of Defendant, Donald Kumler, as set forth above. WHEREFORE, Plaintiff, Tracy Townsend, demands judgment in her favor and against Defendant, Forklifts Inc, in an amount in excess of TWENTY-FIVE THOUSAND & 00/100 DOLLARS ($25,000.00), exclusive of interest and costs, and in excess of the jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, By: FREEBURN & HAMILTON ~&- Richard E. IPreeburn, Esquire J.D. No. 30965 4415 North Front Street Harrisburg PA 17110 Date: 8/2/01 Counsel for Plaintiff 6 '''<, ~, . I..;. '';':', ,"' ,,0 ,'C -,"~ , ,,'Ud'_ - > "_1+; VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: I J I'll D \ r:1J\~rntlJ\~('J TRACY TO END '"' ~".-"'" "" ." ", - ,~- --'....'''''''=,''''~-' ,~,'" . ~ ~'~-Wci'&', . . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs Complaint has been duly served on the following this 2nd day of August, 2001, by placing the same in the u.s. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Forklifts Inc 741 Independence Avenue Mechanicsburg PA 17055 Donald Kumler Arbor Manor, Apt. 7 New Buffalo PA 17069 Jane Van Der Bogart Crawford & Company PO Box 915 Wayne NJ 07474 BY: ~>:iJL Ric ard E. Freeburn, Esquire Attorney J.D. #30965 FREEBURN, & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 8/2/01 Attorney for Plaintiff ",j ~ . ,"",.." J"'~, =,' :~~ ','lo~,<,-y " ~!i1, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. (')1- Civil Action - j(ps4- (X)Law ( ) Equity (}uJ~~ TRACY TOWNSEND 2042 Wyatt Circle Dover PA 17315 FORKLIFTS INC 741 Independence Avenue Mechanicsburg PA 17055 versus DONALD KUMLER 34 N. Market Street Duncannon PA 17020 Plaintiff( s) & Address Defendant(s) & Address PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. Writ of Summons shall be issued Richard E. Freeburn, Esquire 4775 Linglestown Road, Ste. 200 Harrisburg, PA 17112 (717) 671-1955 Signat e of Attorney Supreme Court ID No. 30965 Date: 0 -I B - 0 , WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): FORKLIFTS INC; DONALD KUMLER YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. (jJ.,,ft;[i4 Prothonotary /2/, , if- \ Date: ~ -IV-OI By: Deputy jj,ja;-" .' <" '~~~i~i,ji'ij;...~~-'-"" . ~~'OlJ1jj;\.>:<,"j.J~,";P.~'M.~~iri:!iIO!I~"""" ""," __" ,'- .l.~" n '~q lilJY~"" -~ _,.,_.", ,_..e" ,,, ~_"~~" ". ~, ~,'~~ , ~ ~?( '--.. j ........ ....... ('-' ~ ~ --- '-'-' 0- ~ ..... '"' C; "''' '.l-' ,..,. . ~ " -~""""""'~ ~' ......... - ~\) J ~I, ~', (;-., ~ ~ "^ ~ '-~'~'~'" '2 ~- -o'tr[ mrr z-n Zf~: (f) 0:':':,' -<;/, r.......C: <-. 1;::0 --C' :PC: ~ -< - C) t..- e: ::=~ ~~11 ----: - T~' -"0 ::x: !~;-~~ (~l 1'\ -" -p- ~ t;::: ::..n (=' ~., ~~ [' I r;' ~.' I ~; (@ .. -~"' ,"n,. , . ..l .~--,. ......",j..;.:.,,'o ''-"a"'''''''' '~!i>.="','"!ili,",,,,',' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA TRACY TOWNSEND CIVIL ACTION vs. FORKLIFTS, INC., No. 01-3684 and DONALD KUMLER ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant Forklifts, Inc. Respectfully submitted, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106 PHONE: (215) 627-6900' FAX: (215) 627-2665 ~11 .'~~'.. ~ ~ ~ ''''''J.: ~' ,~ . ,I , '~~->' ..~ . NOTICE TO PLEAD TO r L..... .d;1/ You arehereby/6btified to file a written response to ~ the enclosed /?"LLu.J within e <1 days from service hereof or a jUdgment may be entered 8.9aipst you. ~ SloA.vc- ...'" ,-.--' ! '(iorney ~r~r ~'I_ I,rt- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRACY TOWNSEND I. CIVIL ACTION Plaintiff v. FORKLIFTS, INC., and DONALD KUMLER NO. 01-3684 Defendants ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendants, by their attorneys, Wilson, Elser, Moskowitz, Edelman & Dicker LLP responds as follows to plaintiff's complaint: 1. After reasonable investigation, defendants lack knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. These allegations are therefore denied, and strict proof thereof is demanded at trial. 2. Admitted. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 63257,lTHE CURTIS CENTER. SUITE 1130 EAST. INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106 PHONE: (215) 627-6900' FAX: (215) 627-2665 30040,1 '","H'''''''''''''''",",,-A:'''''''''''"",,~~~'''' - ,~ ~ iOrO 'H_ cd Iio~:l' ~ ~~,~ "='~"1f'rr "".;t"~ll'iSi!fll.t:l;!ik~\_~ 3. Admitted in part, denied in part. It is admitted that Donald Kumler is an adult individual. It is denied that he resides at Arbor Manor, Apt 7, New Buffalo, Perry County, Pennsylvania. To the contrary, he resides at 32 N. Market Street, Duncaunon, PA, l7020. 4. To the extent, if at all, the allegations contained in this paragraph are not conclusions of law to which no response is required, they are admitted. 5. Admitted. ( 6. Admitted, upon information and belief. 7. Admitted. 8. After reasonable investigation, defendants lack knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. These allegations are therefore denied, and strict proof thereof is demanded at tria]. 9.-10. To the extent, if at all, the allegations of these paragraphs are not conclusions oflaw to which no response is required, they are denied. It is specifically denied that the defendants were in any way careless, reckless or negligent either as set forth herein or in any other fashion. To the contrary, defendants acted at all times with due regard for the safety and well being of plaintiff and others similarly situated and did not cause or in any way contribute to any injuries she may have sustained. ll.-22. After reasonable investigation, defendants lack knowledge or information sufficient to form a belief as to the truth of the allegations of these paragraphs concerning the fact, nature, extent or severity of any injuries or damages plaintiff may have sustained. These allegations are therefore denied and strict proof thereof is demanded at trial. WILSON, ELSER, MOSKOWI'Ul, EDELMAN & DICKER LLP 63257,lTHE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106 PHONE: (215) 627-6900. FAX: (215) 627-2665 30040.1 ~_I,Ni<I-' " ,. ,.J~ dl d-~Ii ~ ~ lro,'" :"'M_~""-L~\ COUNT I TRACY TOWNSEND, PLAINTIFF V. DONALD KUMLER, DEFENDANT 23. Answering defendants hereby incorporate by reference the allegations of paragraphs 1 through 22 of their answer as if fully set forth at length herein. WHEREFORE, defendants demand judgment in their favor and against plaintiff, Tracy Townsend. / COUNT II TRACY TOWNSEND, PLAINTIFF V. FORKLIFTS, INC., DEFENDANT 24. Answering defendants hereby incorporate by reference the allegations of paragraphs 1 through 23 of their answer as if fully set forth at length herein. 25. To the extent, if at all, the allegations of this paragraph are not conclusions of law to which no response is required, they are admitted. 26. The allegations contained in this paragraph are conclusions of law to which no response is required. WHEREFORE, defendants demand judgment in their favor and against plaintiff, Tracy Townsend. NEW MATTER 27. If the plaintiff suffered the injuries and damages alleged herein, which is denied, those injuries and damages were caused in whole or in part by the negligence of Tracy Townsend, and recovery herein is barred or diminished in accordance with the provisions of the Peunsylvania Comparative Negligence Act 42 Pa.C.S.A. S7l02. WILSON, ELSER, MOSKOWItZ, EDELMAN & DICKER LLP 63257,lTHE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106 PHONE: (215) 627-6900' FAX: (215) 627-2665 30040,1 ';',",~~I,"'" """ ,- ~~ ..l~l_ ,I ~'''''=-' I, ,~ " ~~''''''''M\r-.;)""",:;,;""",." 28. If the plaintiff suffered the injuries and damages alleged herein, which is denied, those injuries aud damages were caused in whole or in part by the actions or inactions of third parties over whom defendants had no control and for whose conduct they are not responsible. 29. Some or all of the claims for which relief is sought herein are barred by the applicable statute or statutes oflimitation. 30. Plaintiffs complaint fails to ~tate a cause of action upon which relief may be granted. 31. Defendants are not guilty of any negligence, carelessness, recklessness or breach of any duty to plaintiff. 32. Plaintiffs claims are barred by the doctrine of assumption of the risk. 33. Defendants did not proximately or actually cause plaintiffs injuries or damages. 34. Plaintiff has not suffered the "serious Injury" necessary to meet the threshold requirements of 75 Pa.C.S.A. S 1705 to sustain a third party tort action. WHEREFORE, defendauts demand judgment in their favor and against plaintiff, Tracy Townsend. Respectfully submitted, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP BY: Jv1~ 5~~ Jonathan Dryer, Esquire Michael S. Takacs, Esquire Attorneys for Defendants Forklifts, Inc. and Donald Kumler WILSON, ELSER, MOSKOWI~, EDELMAN & DICKER LLP 63257,lrHE CURTIS CENTER' SUITE 1130 EAST -INDEPENDENCE SQUARE WEST - PHILADELPHIA, PA 19106 PHONE: (215) 627-6900 - FAX: (215) 627-2665 30040,1 09/04/01 12:31 FAX 2156270635 . WEMED PA , - I, " .~ C'," ;";"''''''-',,'''':;~-' ","" . 1'.".,..".,~,~, c: 'C:;, ~ 141012 ,', '- : VERIFICATION David Gregoritis states that be is the treasurer/secretary for Defendant Forklifts, Inc.; that he has the authority to make this verification on its behalf; that he is acquainted with the facts set forth in the foregoing Answer; that the SllDle are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 1 g Pa.C.S.A. 94904 relating to unsworn falsification to authorities. 63253.' 19j ^" 12:31 FAX 21562706~5__, __ )VEMED fA , ' ~,- ,; '- ,-- -~,,';" 'I''; ',.' 141013 ~- ,,,,,'c'. '~j 09/04/01 ,f-" ,. .. VERIFICATION Donald Kumler states that he is an individual; that he is acquainted with the facts set forth in the foregoing Answer; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa.C$.A. ~4904 relating to unsworn falsification to authorities. {]J./ d Donald Kumler 63260,1 :',lllibj;jj:iJ:iJli6!ii'llli:lltlldilf',\?,"'>Il~~'. ":,,},, In,.U '='" <.,~"'''''''' <'.;;.""iJii~'''oiJ,}i'~t&t:-'!J~iiMih!fritr~lliIiiilii~;'''''ii~li"-' '" <....'"~''''"'~'~~'--j'~"J l...1rtr~' r , ,^,-,> _.',,",,$-,, - ,,""-',~~.<, ,,", ~" ,<,',"-,_/, ,,,"' ",,,.~ .,~ '~, .. (') C '?' '1:Jl'fi rnfl' -:;>'.'" zr~~ ~;> ~C: ~Q <=U ..<--~ ::::j -: '~"~"'"lIIiI~ ,~,-~. [/} C', ~O t,D :n ..... -- _:d" Ii Ii ti ti I: II Ii 11 ~, f '.. "', .:1 C-j , ~:"~ ii~~? 'l'; :0 ~< <:J , ,.,.'j .,J, v .,-~!;",~ . " TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3684 FORKLIFTS INC and DONALD KUMLER, Defendants CML ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO: Prothonotary Kindly reinstate the Complaint in this matter. By: Respectfully submitted, FREEBURN & HAMILTON ~~Wre J.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 9/19/01 Attorney for Plaintiff .fi[~"'" ",;j.;"i)"'H,:-<i:--"F''''~'''~'''''~~~~~~-'iIi~t~t\;i~~~-;;;"''''-' . ,J,="~,, ~,~ -~ ~~~-~, ,=~~ ~, ~ . ""~ .'~-~~ """""''''''' ""~' '"" ~: G .-.'... '~-' C ~":' u, ~g;;j 14l -, ~ -0 Z:::C i'0 05;~. (~ -. Get , '-' '- -c , ~E3 , c' .' Cirn PC ':': ----I Z ::> "1> :< .-, ~ . TRACY TOWNSEND, Plaintiff v. FORKLIFTS INC and DONALD KUMLER, Defendants TO: Prothonotary " , "~. ~ ""., '.'c", ~~~.~ """'- " -- ^~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3684 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Kindly reinstate the Complaint in this matter. Dated: 10/15/01 By: Respectfully submitted, FREEBURN & HAMILTON ~~ Ric ard E. Freeburn, Esquire LD. No. 30965 , 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Attorney for Plaintiff !ilt';,U""'-"""ff~.....J"'~_~~~'!1 -'-,,- '~5':;i\~~;>~""''-'''''- ",-_c;.~ ~L""",,[Jlj~':<<i1IW--l!I'~ ,~, ,"'_~" ~ "~,-""",>,,,,,,,.'~ ""-<"':{<.,,,~~,,,/~,\~,-:>_,,\, '"1,"",,1" A~.~ """,','~""",' ,~" '>' '"~"'T' - ",~, ,~" ,~, ~" ~,-,=,,~ ~'Ifi. ,~,,'~ ~ ~ ^O "ll"'~'"'''''' ~ >~ " - 2 0 0 -n s: 0 ~.-i -ow n ;r1F~ ~93 ...... -'--'[0 ZC en ";'! ~Z () ~:J -<.,\:::-.' ':20 "" .,,- tl ~O ~..... ~5~5 ~ 0 tf? ::g;rn >c: u ~ g --' ~ . ", ,,',~,;.,. '. .. 'j'" ,',.; \""",~'", " -'i:~i.ii_'?i.' TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3684 FORKLIFTS INC and DONALD KUMLER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW, comes Plaintiff, Tracy Townsend, by her attorneys, Freeburn & Hamilton, and files the following Reply to New Matter: 27. Plaintiff specifically denies that she was negligent and/ or that her negligence was the cause of her injuries and damages. 28. Plaintiff specifically denies that her injuries and damages were caused in whole or in part by actions or inactions of third parties. By way of further reply, Plaintiff incorporates herein by reference thereto all of the averments contained in her Complaint. By way of further reply, any implication that Defendants are not legally liable to Plaintiff as set forth in Plaintiff's Complaint is specifically denied. 29. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. By way of further reply, Plaintiff specifically denies that her claims are barred by the applicable statutes of limitation. 30. This paragraph contains no averments of fact, only conclusions of law, to which no reply is required. By way of further reply, Plaintiff . '.t, J_~'~~' '''''''~:,'~'C''''' ","l., , '--.'<\l:"V incorporates herein by reference thereto all of the averments contained in her Complaint. 31. Plaintiff specifically denies that Defendants are not guilty of any negligence, carelessness, recklessness or breach of any duty to Plaintiff. By way of further reply, Plaintiff incorporates herein by reference thereto all of the averments contained in her Complaint. 32. Plaintiff specifically denies that Defendants are not guilty of any negligence, carelessness, recklessness or breach of any duty to Plaintiff. By way of further reply, Plaintiff incorporates herein by reference thereto all of the averments contained in her Complaint. 33. Plaintiff specifically denies that Defendants are not guilty of any negligence, carelessness, recklessness or breach of any duty to Plaintiff. By way of further reply, Plaintiff incorporates herein by reference thereto all of the averments contained in her Complaint. 34. Plaintiff specifically denies that she did not suffer serious injury. Any implication that Plaintiff is required to prove that she suffered a "serious injury" under 75 Pa. C.S. ~ 1705 in order to recover non-economic damages is specifically denied. WHEREFORE, Plaintiff demands that this Honorable Court dismiss Defendants New Matter and enter judgment in her favor and against Defendants, Forklifts Inc and Donald Kumler, in an amount m excess of TWENTY-FIVE THOUSAND & 00/100 DOLLARS' ($25,000.00), exclusive of interest and costs, and in excess of the jurisdictional amount requiring compulsory arbitration. 2 By: Date: 10/18/01 ,r. L '.'OJ", "~- L' ,. "" ~,- ;''>'" ~~l: Respectfully Submitted, FREEBURN & HAMILTON /(j ~i~Wre I.D. No. 30965 4415 North Front Street Harrisburg PA 17110 Counsel for Plaintiff 3 r~J ,," j~ VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: I~( (T~~) "w. 'J .~ """'~" , ~ -~ -.-,,,- -~- '" I '-0 --- ~'", -~1')[ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs Reply to New Matter, has been duly served on the following this 18th day of October, 2001, by placing the same in the U.s. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jonathan Dryer, Esquire Michael Takacs, Esquire WILSON ELSER MOSKOWITZ EDELMAN & DICKER The Curtis Center, Ste. 1130 East Independence Square West Philadelphia PA 19106 ~,-- BY: Ri ard E reeburn, Esquire Attorney J.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 10/18/01 Attorney for Plaintiff ~~~~~~~~oi.ifi.-..::~~~:,.".~,,~.!tiIil' "'~ Jo"_ ~~ _',"',," ,,""II.. ',~~ .~, _..,. ~.", '.,~~. ' ,__'."z,'" ,'~ ,',', ",. . ""'_ ''-'_:'''',~e,'', 0";)"''''"", "'-"~"',"',,, ',""'.."'" ,~.,'~" J1Ii'_r~ c, ',-',~,'" ~~ ,"" .,~ ." .. - C) 0 0 C T1"l s: 0 .oM. -0 OJ C"') r'11f1"i ~ '-r, ZX; "F ZC ' ",1';-1 .;::"-"'1 (/Jd::':: cD ~ -<,,- '-;~g r::::c:; ::;;,. if . " ~-.-, .-'-"'0 ,~) :'J Z,-. ?7l..- .:t>;::: ~? (-3m Z --1 :Jo. =< 5:J -< . TRACY TOWNSEND, Plaintiff v. FORKLIFTS INC and DONALD KUMLER, Defendants TO: Prothonotary -,^ ,,' ,-~L_~< " - -.' -- -, '",,-" _'<'n_. I!il: 1~~~~- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3684 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Kindly reinstate the Complaint in this matter. Dated: 11/8/01 By: Respectfully submitted, FREEBURN & HAMILTON ~~ Richard E. Freeburn, Esquire I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Attorney for Plaintiff ii'-'~"'-,[ -"':;"r-'w"~"~L""~!Ir;lIiilt:'~- -~-I.l!i{!~~_'I>.~~ ''''',,'--~~-~ -,~~^ < -~~,,=~~_... -- .,. -.< -,' . - ~.. ~ <" '"~ ~~ ., I" ~.ij- ~=--H o c :;;:"... ~~~ zc~ 0:< ~e:: ~p ~-=, -< ~- ,', t=;: "-'=- C) ~'c:: I \.0 Y' CJ " _ ~r: )::~ ~I~ '-< ~~ '..n <Jl -< ~ w.;. "~""'~ ~I ~ , - . ., -, !IlUM~,;&,~.'<Ii-l>M'~: ^ ., SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-03684 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOWNSEND TRACY VS FORKLIFTS INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KUMLER DONALD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 28th, 2001 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 surcharge 10.00 Dep Perry Co 63.13 .00 100.13 11/28/2001 FREEBURN & HAMILTON S:~~~ R. omas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 304,. day of ~fI'.-fu/L :Zoo 1 J.D . ~*t~rrJ~ ~ ~ ,I. ;.......-.\>)-~:;,. ~ Tracy Townsend IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Forklifts, Inc. & Donald Kumler No. 01-3684 SHERIFF'S RETURN And now November 19,2001: Served the within name Forklifts Inc.&Donald Kumler the defendant(s) named herin, personally at his place of residence in Duncannon Borough Perry County, PA, on November 19,2001 at 6:50 o'clock PM by handing to Donald Kumler , an adult member of family, 1 true and attested copy(ies) of the within Complaint and made known to him the contents thereof Sworn and subscribed to before me this 02()vJJ day of N !hKM11ier- , c200 ( So answers OTAlllAl SEAL . MARGAllErF.'FUCKINGER, NOTARY PUBLIC 8loof.lAElD BORD., PERRY COUNTY J MY MMISSlON EXPI~1S FCO " ""ft... s C. Wilson -'1M' c?~ Sheriff of Perry County ',0<; ~w ~__= .....h1~ ~ _n ~l w . -I ~ . , - ',,~ __~,,"-~~0" <" .~ In The Court of Common Pleas of Cumberland County, Pennsylvania Tracy Townsend <::~\ w. @~ Forklifts, Inc. et a1 (;c:, ~~ SERVE: Donald KlIDl1er 01 3684 civil \'0' No. Now October '22, 2001 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sherif[ of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,../7/_ ~. ~~-<-r!~-4" Sheriff of Cum berland County, P A AiIidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20~ COSTS SERVICE MILEAGE AFFIDAVIT $ $ , ~ "~ 'i..", d " ,_~ -:,~. ~. _ c. -, ". - - ; :1,;;.;1,;--"" - ,-, - >- '--, __J,,'_',_., "'''_Ii.!!. \',d . \05 _A \LIAB\TJM\LLPG\l 30572\JMFll 5000\50000 TRACY TOWNSEND, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3684 FORKLIFTS, INC. and DONALD KUMLER, Defendants JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE APPEARANCE TO THE PROTHONOTARY: Kindly substitute the appearance of the undersigned for that of prior counsel, Jonathan Dryer, Esquire, on behalf of Defendants, Forklifts, Inc. and Donald Kumler, in the above- referenced matter pursuant to the Withdrawal and Entry of Appearance attached hereto as Exhibit "A". Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & 0 GIN DATE: Au G-, 'S I 1.CJ:..J3 BY: TIM J I.D. No. 5291 4200 Cnuns Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3505 Attorney for Defendants ~ . '-'"'''4'_'; - ,0 ,,, '. - .;. .,: ;1...... ,,_ _',~" '" ,_, ", ;"-'.0_',,'-'<' 'k.,._ . ,_ . ~. ." \05_ AlUABIT1M\CORRIl1 17961JMl'\16205lOOOOO v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3684 TRACY TOWNSEND, Plaintiff FORKLIFTS, INC. and DONALD KUMLER, Defendants JURY TRIAL DEMANDED TO: PROTHONOTARY OF CUMBERLAND COUNTY WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of Jonathan Dryer, Esquire, on behalf of Defendants, Forklifts, Inc. and Donald Kumler, in the above-referenced matter. DATE: :f- ~-tl5 DRYER, ESQUIRE enter, Suite 1130E Independence Square West Philadelphia, PA 19106 (215) 627-6900 ENTRY OF APPI;ARANCE Kindly enter the appearance of Timothy J. McMahon, Esquire, on behalf of Defendants, Forklifts, Inc. and Donald Kumler, in the above-referenced matter. DATE: (.\liG-. 1- I ZOo) BY: , MARSHALL, DENNEHEY, WARNER, CO~& TIM J. c 1.0. NO.5 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 (717) 651-3505 '-.. '." ~ .l... i." ~ . ~.--. ',-. ' .---'J,. ".",-~ , "">;, .- TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3684 FORKLIFTS, INC. and DONALD KUMLER, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this i#' day of August, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Richard Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 \-l:"'~ \;\\~\\." anne M. Parr ~>~,",<,,,,.;,;~,,,., jiirjfMi~r'_~~~~ruli!.i' (~~~~Iifi'iliLn~'~. ~ ...~-,.- "~ ~ ~~.". .L;"~_,.."~,~",,,~ "'" J ".,c;" ",c.,,~," ' }:! -. () C) 0 C L,) -n S., "'" .., -or.: - ~-1; ---n [lJ' ' ~~~ ',--;::: :i , I -ut1: Z\_ -', ' C/i - .."J <~f) -<:. r:: c- ." ____..1-rl j~,r -"" ;;J~q '?i i';? '"Cfl )>C ~ ::~:1 j:'"" 'J> :0 , 01 -< -, Wi ~ " . , - .",'> 0'-' I', '" L '." \05 _A \LIA8\TJMILLPGI J 3 J 93 J \TMF\J 6205\00349 TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-3684 FORKLIFTS, INC. and DONALD KUMLER, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.24 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.24 Defendants 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 (20) days prior to the date on which the subpoenas were sought to be served; (2) A copy of the notice of intent, including the proposed subpoenas, is attached to the certificate; (3) Plaintiffs counsel has not objected to said subpoenas; 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. DATED: b\&~\t>~ TIMOT ON, ESQUIRE 0- __^_~ 1.iYI~ ,-- ," ,-.,'", ..-j ",:.,-- ",I _ J .' '-" -,. .1", . . ~_"_, __ "'>" ' .~-~; ~ \05 _A \LlABlTJM\LLPG\130580\lMFlI5000\50000 TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3684 FORKLIFTS, INC. and DONALD KUMLER, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SlffiPOENAS TO PRODUCE DOCUMENTS TO: Richard Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Timothy J. McMahon, Esquire, with the Law Offices of Marshall, Dennehey, Warner, Coleman & Goggin, on behalf of Defendants, Forklifts, Inc. and Donald Kumler, intends to serve subpoenas identical to the ones that are attached to this Notice. You may have twenty (20) days from the date listed below in which to file ofrecord and serve upon the undersigned an objection to the subpoenas. If no objection is made the subpoenas may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be obtained at your expense by contacting the undersigned at his office. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DATE: 01 sf OJ , '" .'- ~~, ".- I J "- ,Ie --, ,~" -~""""'~, COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3684 FORKLIFTS, INC. and DONALD KUMLER, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hartford Inslirance Company. Dedicated Care Unit. 523 Plymouth Road. Plymouth Meeting. P A 19462 (Name a/Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: Anv and all infonnation concerning a workers' comoensation claim and/or benefits Daid oursuant to a workers' cOIDDensation claim made by Tracy L. Townsend. 1022 Alpine Road. Wellsville. P A 17365: DOB: 08-23-63: SS # 193-38-7332. at: Marshall. Dennehev, Warner. Coleman & Goggin. 4200 Crums Mill Road. Ste. B. Harrisburg. PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Timothv J. McMahon. Esauire ADDRESS: 4200 Crums Mill Road. Suite B Harrisburg P A 17112 TELEPHONE: (7) 7) 651-3505 SUPREMECOURTID# 52918 ATTORNEY FOR: Defendants By the Court: DATE: Prothonotary Seal of Ihe Court Deputy "~,, ',: ,'.1- ~- " " ~." I." "" ,f:i1>~!~:.fu;;,- , y EXPLANATION OF REQUIRED RECORDS TO: Hartford Insurance Company Dedicated Care Unit 523 Plymouth Road Plymouth Meeting, P A 19462 RE: Tracy L. Townsend Hartford Claim # 286C511 0 Any and all information concerning a workers' compensation claim and/or benefits paid pursuant to a workers' compensation claim made by Tracy L. Townsend, 1022 Alpine Road, Wellsville, P A 17365; Date of Birth: 08-23-63; SS # 193-38-7332. . "I. " . ,'~i I', ;',::..c-_,'_'_'" " H' 00-" ""',,,;;.>jh-.'- . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3684 FORKLIFTS, INC. and DONALD KUMLER, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Erie Insurance GrouP. 4901 Louise Driye. PO Box 2013, Mechanicsburg. FA 17055-0710 (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or thing: Any and all documents concerning a claim or claims presented by Tracy L. Townsend. 1022 Alpine Road. Wellsville. P A 17365: DOB: 08-23-63: SS # 193-38-7332. including. but not limited to. any and all documentation reflecting claims made and/or oayments made in relation thereto for orooertv damage. oersonal iniury and/or otherwise. Please also provide a copy of the Declarations Page for any and all insurance policies covering Tracv L. Townsend as of September 21. 1999. at: Marshall. Dennehev. Warner. Coleman & GOQJ!in. 4200 Crums Mill Road. Ste. B. Hanisbufl! PA 17112 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Timothv 1. McMahon. Esquire ADDRESS: 4200 Crums Mill Road. Suite B Harrisburg PA 17112 TELEPHONE: (717)651-3505 SUPREME COURT 10# 52918 A TIORNEY FOR: Defendants By the Court: DATE: Prothonotary Seal of the Court Deputy .- "..t~" .;1' ,,,I.. . '"""-- 'h.i '- "~".~"'.."~'~ "n" ~_ EXPLANATION OF REQUIRED RECORDS TO: Erie Insurance Group 4901 Louise Drive, PO Box 2013 Mechanicsburg, P A 17055-0710 RE: Tracy L Townsend Erie Claim # 010170450932 Date of Loss: 09-21-99 Any and all documents concerning a claim or claims presented by Tracy L Townsend, 1022 Alpine Road, Wellsville, PA 17365; Date of Birth: 08-23-63; SS # 193-38-7332, including, but not limited to, any and all documentation reflecting claims made and/or payments made in relation thereto for property damage, personal injury and/or otherwise. Please also provide a copy of the Declarations Page for any and all insurance policies covering Tracy L. Townsend as of September 21, 1999. !"^ ~ ~,,'''' ,--_,,,,;-:J ''< ',,, ,',,'i'_+'___ -o,"_h:I-,_ ,-".---,-. '.'-L-, "i'~~.' TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-3684 FORKLIFTS, INC. and DONALD KUMLER, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joarme M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this<0~ day of August, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Richard Freeburn, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 ~~' <;\\.~\\ oarme M. Parr ~^ oJ it"~"""'~r'6.i~_.w~~\i;~~';K""o,;jti';",'-"li\ij;:-","-">i,*\f~,~"r-~"""~~.- !Jl .~O,~ ~'". , =--- - ~,,- " '''-~~j,;w'~ ~--' ,'-~ ~l"','.. ,'- 'u---o- .~" 0 C) C -n s: '/") ;:R";' f--q !J;;, L:_! .'0 , - .:-.-,-,' ~J z. L, (J:> ,,-- r,,, -'< ' r'-~' ~cj 1~ "'"";;) }~] J~ J>C' _..l',~ .2...:_ :;;;U 1'..1 ;~ :"") m c: ~ z. ,. :;( J:"" :xJ -< I" ,~". _d'"> __ _ <, ,'j . , L. --"-""""'""r~~_f.oY"_~--&o!i<<.d,"'i,,,",,, 1 OCT 2 9 2004 ~ If' 105 _A ILlAB\DNCILLPGI165599\JHW\16205100349 TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3684 FORKLIFTS, INC. and DONALD KUMLER, Defendants JURY TRIAL DEMANDED ORDER AND NOW, this / ~ day of /unN'~ 2004, upon consideration of Defendants' Petition for Status Conference, IT IS HEREBY ORDERED THAT a Status ~ Conference is to be held onJL. _mL: .1:;) ,2004 at 3;(/2) I lll.:p.m. in the Chambers of the Honorable 1(.M/W7 <a, ~ BY TIlE COUR~ J J. it~.~--1Jli ~ ~ "' " ) . .~ -""'" ~. -~-,~.~ ~~,~-~,,,,.~-",,, -, ~ -,",-~.^' ~'-",..' .~~,,~ " -~~"!<"," -,-~'& ,.=,.,-,-- -<~ _~7 _ ~ .."'- ~~","" '" ;""8.); " F1~:i4,.,..,~:v:~~,.. ~o,"_~~~L.."._,~~~WfW!!lO~~~~~I'imf-m'.~~1f"~"~'_"'7#_c;;ri"':;;'FP':""""-;''' C_,__, l1",i''''''i::y"~,~,,,~%m;ilflIilJiiFt'''"i!>i's{{;-'''';ij,;o"'lf~)'*li~~ilHt~;",Df1,(~_ HI ED-DFFlCE _ " OF TUc-oonTHONOIARf ~ rl!..~ I I {'.' , - ~'J -2 2noL ,;;,\ ...U ~ R<..i AI''li 1: 24 ..'c',,-,' .',' .y'""NTV C' 'rfi--,-:'-,- ;.,-' - ~ '- '~.i....J~ t l to' '. 'f3'Ei.j[.~~i>~~\JP:N_;l\ - -"~ -.' _ , 0' ~-"'" "0"_ ~"._" ,- ..'",-, __, . C', i. -'-,.,-"" ",,,-;,,,,- '-,;..-, ., ,~,' "", ---'.,,-^i.,' ,""'-"-", ~-c; ;'\'_:'~'-'--J';~'~'--:';;'; ;.: '-: . ''',';- 1 , . TRACY TOWNSEND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3684 FORKLIFTS, INC. and DONALD KUMLER, Defendants JURY TRIAL DEMANDED PETITION FOR STATUS CONFERENCE 1. Plaintiff Tracy Townsend filed a complaint in this matter on August 3,2001 as a result of injuries she allegedly suffered during an automobile accident. 2. Defendants are Forklifts, Inc. and Donald Kumler. 3. Plaintiffwas injured while in the scope of her employment. 4. Accordingly, as of September 19, 2003 plaintiff has secured $100,450.86 of Workers' Compensation Benefits. 5. Defendant's were insured by Reliance Insurance Company, which pursuant to the Insurance Commissioner's Order of October 3, 2001 was dissolved. 6. Accordingly, the Pennsylvania Property and Insurance Guaranty Association (PIGA) is now responsible for the defense and potential indernnity obligation of defendants. 7. Further, pursuant the relevant portions of the PIGA statute, any recovery by plaintiff against defendants would be offset by the full amount of any other insurance benefits paid and or payable. 8. Considering the above facts, defense has attempted to resolve this action through a stipulation of defendants. 9. Plaintiffs counsel to date has continued to equivocate regarding this issue. - - ,"'-, o. -"1 ".-'--',," - - '-""e' "~-,-,.,-__,<~_.,:,,,,_:.,__ .-,01>,,;, _~~..-". ;:,,,: -.,,,,,,,', _;;_;_"'_:~,;_,/, -llllllii&<i:l."~ "\ . 10. On October 3, 2004 defendant served its Request for Production of Documents and Interrogatories upon plaintiff. 11. To date, plaintiff has yet to respond to these Discovery Requests. 12. Accordingly, defendant's seek status conference with the court in order to effectuate a final resolution of this action and or place this on the proper litigation track. Respectfully Submitted, DATE: BY: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN J18ESQumE LD. No. 84730 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3504 ---- :; :i1.~Ji::;11~fl:iti:liillih~~~tk~'"' .""~.#.it",^~AiWi":;@tM~*imsl)~~&m-'~'~" r ~,'-'";....-~ -_jLL~ .-~ ~ """" -~("" ,J ',1.'''"_'~'',",~.,_o''''>._' __<_,~~_="__>__ ~, .'''._ ~"."'_ < ^".. ,.'O~"_~,~__ -",-_-';";~"__:-'"T~- n_ ( < , -'." (") ,.., = ~ c.:, = ~.,~ ...- ~~:~ c::> X <J n.,:o -I -oITI <<:.. l,~ N G'_),.':;' 0:> :o~ - 9_ J;::i:; "" .." ::r:"d z8 :x 'io >c: ~ om z $! ::;1 .r:- :xJ ..... -< ~ .~ , . ... "" TRACY TOWNSEND, Plaintiff v. FORKLIFTS INC and DONALD KUMLER, Defendants TO: Prothonotary ,--', .- j ~;J -,,~ ',' - -,_.:. '..__r . , __" ' 0,.__1,_ ,_ _ ,. " ., "~'O <;~,-,-~_.(1i_'>';'T _ ",: ....",;;c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3684 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Kindly mark the above-captioned matter discontinued. Date: 12/20/04 By: Respectfully submitted, FREEBURN & HAMILTON ~~ Ric ard E. Freeburn, EsqUlre I.D. No. 30965 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Attorney for Plaintiff ~ <"~ , "-, ;, ,- --" < ---,,0.1' ~ "..-- ,,-~-, "~"', '~" -, ~'''' ".'>~__ ' ,,--<do. ' ~,i--_,-..-". ',-, ;''-k'";"",-~;:,~',~,,;;,,-~<~,,.._-_,-){,t._; _, ~ '"''':' " CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe, has been duly served on the following this 20th day of December, 2004, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Timothy J. McMahon, Esquire MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN 4200 Crums Mill Road, Ste. B Harrisburg PA 17112 BY: Georgian e J. Hes , Assistant to Richard E. Freebum, Esquire Attomey I.D. #30965 FREEBURN & HAMILTON 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 Dated: 12/20/04 Attomey for Plaintiff !if:- 'll~'~ilM3~.~~;M;k" ~ tli,ili..-"lf~4!l~~.i '" "~~ - - '^"=".=, ~.~,- " -....:_.~~116~ << .~ ". "",-,,,,,,, i:' ~<, r:;:::) C:::';) ..1:::- r:::~ r~rt ('-:1 c} .";"1 ___I f',~ f'0 ',' r.,;? .........1 Rl1