HomeMy WebLinkAbout99-05621
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IN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, Husband and Wife,
Plaintiffs
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S INTERROGATORIES AND
REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO DEFENDANT SCHNEIDER NATIONAL CARRIERS
TO: Defendant Schneider National Carriers
c/o: Mark D Mazza, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
PURSUANT TO THE PROVISIONS of Pa. R.C.P. 4005, 4006, and 4009
as amended, you are required to serve on the undersigned your Answer and
Objections, if any, in writing, to the following Interrogatories and Request for
Production of Documents within thirty (30) days after service hereof.
The Answers shall be inserted in the spaces provided following each
Interrogatory. If there is insufficient space to answer an Interrogatory, the
remainder of the Answer shall follow on a supplemental sheet.
This discovery shall be deemed to be continuing in nature. If between
the time of serving your original responses and the time of trial of this matter,
you or anyone acting in your behalf learns or knows that any response was
incorrect when made, or learns or knows that any response though correct
when made is no longer true, then you shall promptly supplement your original
responses under oath to include such information/documents thereafter
acquired, and promptly furnish such a Supplemental Response on the
undersigned.
INSTRUCTIONS
Please furnish in your responses to the following Discovery such
information/documents which are known personally by you and/or which are
reasonably available to you, or any person, as defined herein, acting on your
behalf. Each Interrogatory shall be answered separately and fully unless
objected to, in which event the reasons for objection shall be stated in lieu of
an answer. When, after a reasonable and thorough investigation using due
diligence, you are unable to answer any Interrogatory/Request, or any part
thereof, on the ground of lack of information available to you, specify in full
and complete detail why the information is not available to you and what has
been done to locate the information.
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Where your answer to one Interrogatory/Request would be identical to
your answer to a preceding Interrogatory/Request, rather than repeat the
answer
incorporate your preceding answer by reference.
For the purpose of in full, you may simply Discovery, wherever necessary to insure
completeness and accuracy,s words importing the singular number include the
plural, words importing the plural number include the singular, and words
importing the masculine include the feminine.
Further, pursuant to Pa. R.C.P. 4009, you are required to furnish at our
office, on or before thirty (30) days of service hereof, a photostatic copy or like
reproduction of the materials concerning this action or its subject matter which
is in your possession, custody or control and which is not protected by the
attorney/client privilege; or, in the alternative, produce the said matter at said
time to permit inspection and copying thereof.
The following definitions of terlms sQha I1apply to these interrogatories:
1. "YOU "YOUR" and "DEFENDANT" shall mean Defendant(s) and
shall include their respective officers, directors, shareholders, partners,
associates, principles, agents, employees, accountants, attorneys,
predecessors and/or successors, affiliates, joint venturers, related entities,
divisions, heirs and assigns, including any insurer, reinsurer, independent
adjustor or consultant and any other person acting on their behalf or at their
direction.
2. "PLAINTIFF" shall mean GARY AND/OR BEVERLY ROCKWELL
and/or his/her agents, representatives and/or other person acting on his or her
behalf.
3. "PERSON" shall mean any natural individual, partnership,
proprietorship, firm, association, joint venture, corporation, subsidiary or other
government, legal or business entity, as well as individuals, and their agents,
representatives, and any other person acting on their behalf.
4. "COMMUNICATIONS" means written and verbal exchanges
between any person or persons or entities, including, but not limited to verbal
conversations, telephone calls, letters, memoranda, reports, telegraphs,
exhibits, drawings and other documents which confirm or relate to the written
or verbal exchange.
5. "DOCUMENTS" includes any writing, book, document or other
thing within the meaning of the Pennsylvania Rules of Evidence and includes
the originals and non-identical copies (e.g., because handwritten or "blind"
notes appear thereon) of all of the following: all writings of any kind, including
but not limited to letters, telegrams, memoranda, reports, studies, calendar and
diary entries, notes, records of meetings and conversations, tabulations,
analyses, statistical or other accumulations of information, raw and refined
data, drawings, graphs, charts, viewgraphs and other illustrations of any kind,
including all drafts of any such writing; photographs, films, slides, and other
photographic material of any kind, including sound recordings; bills, contracts,
invoices, brochures, advertisements, certificates, checks, transcripts and other
mechanical, magnetic and electronic records of any kind, including sound
recordings; all documents stored in or retrievable by computer; and any other
data compilations not specifically stated herein.
6. "IDENTIFY" when used in reference to communications means to
state with respect to each oral communication or conversation (in whole or in
part): the name of each person who made it, and each person to whom it was
made; the date and place of the communication; the name of every witness
thereto; the content, substance and subject matter of the communication,
11
including an indication of the person speaking and the person(s) spoken to; and
the source of your information about the communication.
7. "IDENTIFY" when used in reference to documents and written
communications means to state with respect to each document each of the
following: the name of the author(s) or person(s) by whom the document was
written, prepared, recorded or made; the type of the document; the title of the
document; the subject matter of the document; the serial, reference or file
number of the document; the relevant pages or location(s) and address(es) of
the person(s) who has possession, custody or control of the document; if the
document is no longer in your possession or control, state what disposition
was made of it; a full and complete summary of its contents and substance;
the name of each person to whom it was addressed or distributed. A true,
correct and complete copy of the document may be produced in lieu of the
above information.
8. "IDENTIFY" when used in reference to persons means to state to
the fullest extent possible the full name and present or last known address and
telephone number of each such person, the present or last known business
position of the individual and the business position of the individual at the time
in question, and, if a business entity, the names under which it does business
and the location and nature of each of its facilities.
9. "ANY" and/or "ALL" shall mean any and all, each and every.
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INTERROGATORIES
1. State the name, last known address, age, occupation, place of
employment (if employed by Defendant, the length of service for Defendant)
and present whereabouts of each person known or believed by Defendant, its
agents, servants, employees, attorney, or motor insurance carrier to have
witnessed or have been within sight or hearing of the accident described in
Plaintiff's Complaint and/or to have firsthand knowledge of the facts and
circumstances of the incident, or of the events leading up to or following the
incident and/or to have knowledge of any relevant facts or conditions existing
at the scene of the incident prior to, at, or immediately after the happening of
said incident.
2. With respect to each of the witnesses listed in the preceding
Interrogatory, state the following:
(a) His exact location at the time of the incident;
(b) His activities at the time of the incident;
(c) Whether or not he saw the incident; and,
(d) If an employee, if he continues in defendant's employee and the
specific address and location/facility at or from which he works.
3. State the name, age, address, occupation and place of employment of
every person interviewed by you or by anyone acting on your behalf in regard
to the above-titled action, along with the date and place of such interviews,
the name of the person conducting such interviews, and the content of such
interviews.
4. Identify any statements obtained by you, your attorney, motor insurance
carrier, representative, consultant, agent or anyone acting on your behalf in any
form, whether written, stenographic, mechanical, electrical or by other
recording device, or a transcription thereof, from any person including the
Plaintiff regarding any matter or thing concerning this action or its subject
matter.
i,
5. State the names, last known addresses, places of employment, job
classification, and present whereabouts of all agents, servants, employees,
representatives, private investigators, and/or others who investigated this
incident and/or Plaintiffs' injuries on behalf of the Defendant.
6. Identify any reports filed on behalf of the Defendant by any investigators
and/or representatives relating in any way to the incident at issue in this case.
11 ? I
7. Identify any investigatory or other reports prepared, compiled, submitted
or made on behalf of the Defendant in the regular course of business or as a
result of this incident for either private use or for any federal, state or industry
safety or regulatory organization.
8. Identify any notes, reports, statements, or memoranda submitted to your
insurance carrier concerning this incident by you or anyone acting in your
behalf.
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9. Identify any photographs of the instrumentalities, equipment, tools,
locality, surrounding area or any other thing or matter involved in the incident
in suit which you or anyone acting on your behalf know of or possess.
10. Identify any plans, drawings, blueprints, models, sketches, maps or
diagrams made of the site or area of this incident and any other matter
concerning this incident.
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11. Identify any policy of insurance that covered any Defendant on the date
of the incideia against the type of risk involved here.
12. Plaintiff alleges that the negligence of the Defendant and/or its agent
was the cause of the incident in question. If you contend that the negligence
of the Defendant was not the cause of the incident in question, please state
your contention as to the cause of the incident and all facts upon which you
base such contention.
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13. State with particularity all facts upon which you intend to rely in
establishing any of the following defenses:
(a) That the Plaintiff was comparatively or solely negligent;
(b) That the incident was caused by the negligent act of a third party
or agency other than you; and
(c) That the incident occurred as a result of negligence on the part of
no one.
(d) That Plaintiff assumed the risk of the injury.
DEFENDANT'S BACKGROUND
14. Did the Defendant's motor vehicle driver consume any alcoholic
beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug,
medicine or pill during the eight hours immediately preceding the incident
referred to in the Complaint? If so, state:
(a) The nature, amount and type of item consumed;
(b) The amount of time over which consumed;
(c) The names and addresses of any and all persons who have any
knowledge as to the consumption of those items; and
(d) The name and address of the physician or medical practitioner or
other person who gave, purchased, or prescribed any of those
items, if any.
15. Was Defendant's motor vehicle driver under any physical disability at the
time of the incident described in the Complaint? If so, state:
(a) The nature of such disability;
(b) The length of time such disability had occurred prior to the date of
the incident described in the Complaint; and
(c) The names and addresses of physicians and other medical
practitioners who treated Defendant for such disability.
16. Identify any technicians or experts, including medical experts, Defendant
intends to call as witnesses during the trial of this action.
1K .
17. With respect to the Defendant's motor vehicle involved in the accident,
state the following:
,(a) The name and address of the owner of the automobile;
(b) The nature, extent and location of damage caused by the
accident;
(c) The nature, extent and location of damages existing prior to the
accident;
(d) The name and address of the company or repairman who repaired
the motor vehicle following the accident;
(e) The total amount of the repair bills, or the total estimated cost of
repairing the motor vehicle if not yet repaired, or the estimated
value of the damages to the motor vehicle, along with the name
and address of the company or person furnishing such repairs or
estimate;
(f) The date and place of the last state inspection prior to the
accident and the name and addresses of the person making said
inspection;
(g) The fair market value of the motor vehicle if it cannot be repaired.
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18. At the time of the incident referred to in the Complaint, did the driver
have a valid license to operate a motor vehicle? If so, state:
(a) The state or commonwealth which issued the license;
(b) The expiration date;
(c) The operator's number of such license;
(d) Whether there were any restrictions on the license and if so, the
nature of the restriction(s).
19. State whether or not the Defendant's vehicle driver was charged with
violating any provision of the Vehicle Code of Pennsylvania or any other state
with respect to the incident, and if so, state:
(a) Each provision of the motor vehicle law with which the driver was
charged;
(b) The plea, if any, which the driver rendered on each charge;
(c) The date the plea was rendered;
(d) The Court or District Justice before whom the plea was rendered;
(e) The name and present or last known address of persons then
present and the name and present address of the persons having
knowledge thereof.
i114
20. Has the driver ever had a license to operate a motor vehicle suspended
or revoked? If so, state:
(a) When and where it was suspended or revoked;
(b) The period of such suspension or revocation;
(c) The reasons for such suspension or revocation;
(d) Was such suspension or revocation lifted and if so, when.
21. State the purpose of the trip or journey at the time of the incident
referred to in the Complaint, and with regard thereto, state:
(a) The Defendant's exact destination;
(b) The Defendant's time and point of departure;
(c) The time and place of all stops and departures between the
commencement of the trip or journey and the time of the incident
referred to in the Complaint.
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22. State whether the Defendant was familiar with the roadway and
surrounding area of the incident referred to in the Complaint.
23. State in detail the manner in which you assert that the incident referred
to in the Complaint occurred, specifying the speed, position, direction and
location of each vehicle involved during its approach to, at the time of and
immediately after the incident.
24. Identify any passengers in Defendant's vehicle at the time of the
accident and state their position in Defendant's vehicle.
25. Was Defendant's vehicle operating properly just prior to the incident
described in the Complaint? If not, state:
(a) The nature of the defect or problem with Defendant's
automobile;
(b) The length of time such problem or defect had existed
A,
26. Describe, in detail, the load carried by the driver at the time of the
incident, including the weight.
27. Identify any tests, testing procedures or testing regulations that
Defendant requires of its pool of drivers or motor vehicle drivers, including
applicants, for the consumption or use of any alcoholic beverage, sedative,
tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill.
1
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28. Identify any motor vehicle accidents or injuries in which any Defendant
was involved, in any way, in the past fifteen (15) years.
29. Identify any corrective, rehabilitative, remedial or punishment steps or
actions taken or imposed against any Defendant regarding the accident at issue
in this case or any other motor vehicle accident or other unsafe, unapproved or
improper driving occurrence or operation of a motor vehicle, whether
commercial or private.
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30. Identify the name, home address, telephone number, driver's license(s)
number(s), employment mailing address of John R. Smith, the address of the
driver's home facility, and driver's employment history with Defendant
throughout the date of answering these interrogatories.
31. Identify all driving logs or records maintained by the driver and you, the
current location of those records and all persons or entities having copies of
the records for the period beginning one month prior to this incident and one
month thereafter.
^
1. The contents of any investigation file or files and any other documentary
material in your possession or control which support or relate to the allegations
contained in the Defendant's pleadings and interrogatory responses (excluding
any documents or portions thereof found in such file whose production would
disclose the mental impressions of Defendant's attorney or his conclusions,
opinions, memoranda, notes or summaries, legal research or legal theories or
would require disclosure of the mental impressions, conclusions or opinions
respecting the value or merit of Plaintiff's claim or its defense or respecting
strategy or tactics of a representative of the Defendant other than Defendant's
attorney).
2. Any and all statements concerning the action, as defined by Rule
4003.4, from all witnesses including any statements from the parties herein, or
their respective agents, servants or employees.
3. All photographs taken or diagrams prepared of the scene of the accident,
motor vehicles, or any instrumentality involved therein.
4. Any and all documents containing the names and home and business
addresses of all individuals contacted as potential witnesses.
5. The face sheet and policy of insurance that covered any Defendant on
the date of the incident against the type of risk of loss involved in this case.
6. Any medical reports, records, notes or other memoranda concerning the
Plaintiff's physical or emotional conditions.
7. Any repair bills or estimates of damage for the vehicle the Defendant
was operating at the time of this accident.
8. All accident reports prepared by any Defendant or on any Defendant's
behalf pertaining to the accident alleged in the Complaint.
9. All resumes or curriculum vitae of each technician or expert whom any
Defendant intends to call as a witness during the trial of this case and attach a
copy of each expert's report of his findings, conclusions and opinions including
the information and data on which those findings are based.
10. All exhibits which any Defendant intends to introduce at the trial of this
action.
,
11. A list of all witnesses, both lay and expert, which any Defendant intends
to call at the time of trial.
12. Attach a copy of all documents identified in your answers to
interrogatories.
13. A copy of all logs or records maintained by the driver, you or required to
be submitted to a regulatory agency or governmental body of any nature for
the time beginning November 9, 1999, through November 19, 1999, including,
but not limited to, maintenance records, driver's log, 70 hour summaries, driver
payroll records, all documents relating to the driver's application, testing,
background, all automatic on-board recording devices and driver's entire
personnel file.
14. All Com Data records, charges, credit card charges and purchases made
by Joseph Smith for any vehicle on behalf of Schneider National Carriers for
November 9, 1999, through November 19, 1999.
Respectfully Submitted,
FRANKEL, BARE & ASSOCIATES
Date: March 2000
uarryi vv. cunnmgnam, tsgwre
I.D. No. 53306
Attorney for Plaintiffs
14 West King Street
P.O. Box 1389
York, PA 17405-1389
(717) 854-3836
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,'PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
NO. 99-5621
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing PLAINTIFFS' INTERROGATORIES AND
upon the counsel of record in the
following manner.
BY REGULAR MAIL:
Mark D Mazza, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
FRANKEL, BARE & ASSOCIATES
I
FRANKEL. SA REh
ASSOCIATES 11 Date: March 30, 2000
ATTORNEYS AT LAW
14 WEST KING STRCET
VOAF •CNNSYLVANIA 17401
Darryl W. Winningham;
I.D. # 53306
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854.3836
LAW OFFICES OF
JACK EMAS & ASSOCIATES
PHU ADELPMA OFFICE
3130 CENTRE SQUARE WEST
1500 MARKET STREET
PHILADELPHIA, PA 19102
(215) 972-8065
FAX (215) 972-8322
PLEASE REPLY TO: Philadelphia Office
Darryl W. Cunningham, Esquire
14 W. King Street, P.O. Box 1389
York, PA 17405
May 9, 2000
COP) V
NEW JERSEY OFFICE
112 JOHNSON ROAD
TURNERSVILLE, NJ 08012
(609) 401-0200
FAX (609) 227-1556
RE: Beverly Rockwell and Gary Rockwell v. Schneider National
Carriers, Inc., Joseph R. Smith and Wendy J. Stephens
U.S.D.C., No. 1:CV-99-2148
Our File No. 17.628(HDM)
Dear Mr. Cunningham:
Enclosed please find responses of defendant to plaintiff s request for production of
documents with reference to the above matter.
Very truly yours,
JACKEMAS&
JE/lp
Enc.
BY
cc: Stephen L. Banko, Jr., Esquire - w/enc.
RECEIVED
MAY 1 1 1000
r
Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
Defendant objects to all request for production of documents to the extent they
seek disclosure of information protected from disclosure by reason of the attorney-client
or other privilege and/or as attorney work product and/or as revealing the mental
impressions, conclusions, opinions, legal theories, strategy or tactics of an attorney.
Defendant further objects on the basis said request for production of documents are
overly broad, unduly burdensome and oppressive. Defendant also objects on the grounds
the documents and information sought are not relevant to the pending litigation and not
reasonably calculated to lead to the discovery of admissible evidence. Defendant further
specifically objects to the extent the request for production of documents seek disclosure
of information beyond that required to be disclosed by the Pennsylvania Rules of Civil
Procedure.
Subject to and without waiver of the said general and specific objections, answers
to the foregoing request for production of documents are set forth herewith.
DEFENDANTS' ANSWERS TO PLAINTIFF'S REQUEST FOR
PRODUCTION OF DOC M NT4
1. See attached.
2. See plaintiff's recorded statement.
3. See attached copies.
4. Other than those identified in the police report, not aware of other
individuals at this time.
5. Defendant is self insured.
6. None other than what was provided by plaintiff's counsel.
7. None.
8. None.
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9. None at this time.
10. Yet to be determined.
11. At this time, none other than the names of parties and/or witnesses
identified in police report.
12. See prior answers.
13. Objection. Without waiver of said objection, driver logs are not
available.
14. Objection. Without waiver of said objection, none.
JACK EMAS & ASSOCIATES
BY:
JAC AS
yPOMCEACCIDENTREPORT
IyJ,REFER TO OVERLAY SHEETS ??oc REPORTABLE r1 NON•REPORTARtF FYI eeuun,a
POLICE INFORMATION ACCIDENT LOCATION
-.INCIDENT
NUMBER 1421-97
20.COUNTT C
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21-206
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NAME ENCY Middlesex Police Depar rent
--.MUNICIPALITY Middl
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21-206
3 PRECINCT Middlesex 4'ZONE013 PRINCIPAL. ROAD WAY INFOR14A 77ON
S.INVESTIGATOR BADGE
PTL P MULLEN
13 22.RQITE NO.OR SR0011 HEX; PIKE
NUMBER STREET NAME
6.APPROVED BY ?Z BADGE
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' 5 ACCESS
23 .SPEED 4 TYPE
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?.INVESTIGATION 11/14/1997 B TiMEVAL 1322 IN7ERSEC77NG ROAD:
ACCIDENT INFORMATION
z6.E NOM
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STREET NAME
9.ACCIDENT
11/14/1997 IO.DAY Of WEEK
FRIDAY -'.SPEED
IOTYPE 9 ACCESS
DATE J
LIMIT HIGHWAY CONTROL
11 DATE OF 1310 12'OFMUNITS 2 iFNOTATIN7ERSEC770N:
13.0 KILLED 14.0 INJURED 15.PRIV.P
ROP. ? X? 30.CR055 STREET OR
0 O N
ACCIDET Y N SEGMENT MARKER T519 COOK DR
16.010 VEHICLE HAVE TO BE
REMOVED FROM THE SCENE? 17.VEHICLE DAMAGE 31.DIRECTION
N S E0 32.DISTANCE
UNIT 1 UNIT 2 0-NONE UNIT 1
1-LIGHT [ Ej FROM SITE FROM SITE 550 FT. MI.
33.DISTANCE WAS
2-M00ERATE
3• SEVERE UNIT 2 MEASURED ? ESTIMATED
Y ? N ? Y ? N ? 4 CONSTRUCTION 5 TRAFFIC PRINCIPAL INTERSECTING
ZONE CONTROL
18.HAZARDOUS
MATERIALS Y? N ? 19.PENNDOT
?
E 0 DEVICE Q Q
?
PROPERTY Y
N
UNIT # 1 UNIT # 2
36.LEGALLY Y N 37.REG. 38. STATE 36. LEGALLY Y N 37.REG. 38
STATE
PARKED' PLATE P45893 IL .
PARKED? PLATE LTX645 PA
39.PA TITLE OR 1HSRKEMR9PH490089
OUT-OF-STATE VIN 39.PA TITLE OR
OUT-OF-STATE VIN 1G4GM47A7FH415007
40.OWNER SCHNEIDER NAIL CARRIERS INC 40.OWNER J STEPH NS
41.OWNER 4800 S CENTRAL AVE SUTIE D
ADDRESS 41. ADDDRE
DRE0
SS 30 SPRING GARDEN EST
42.CITY, STATE CHICAGO, IL 60638
a ZIPCODE 42.C1TY, STATE
a ZIPCODE C9-RLISLE, PA 17013
43.YEAR 1993 44-MAKE iNrERNATICNAL 43.YEAR 1985 44.MAKE BUICK
45.MODEL-(NOT 46.1N
BODY TYPE) CAB OVER Y 0 N ? UNK? 45.MODEL-LNOT 46.IN
BODY TYPE) R93PL
Y 131 N ? UNK?
77 BODY 4B SPECIAL 49 VEHICLE
74
06
10 (g 800Y 48 SPECIAL 49 VEHICLE
02
TYPE
USAGE
OWNERSHIP TYPE
USAGE 00 OWNERSHIP 01
501 INITIAL IMPACT UI VENICLE
0 TRAVEL
99 0 INITIAL IMPACT - VEHICLE TRAVEL
POINT 11 STATUS SPEED POINT 05 STATUS 0 SPEED 99
153 VEHICLE
R
1 4 DRIVER 5 DRIVER
1 3 VEHICLE
1 4 DRIVER 5 DRIVER
G
ADIENT PRESENCE 1 CONDITION GRADIENT PRESENCE 1 CONDITION 1
-URI NUMBER 936297480 NY *NUMBER 20670741 PA
68.NAMEER JOSEPH R SMITH 58.DRIVER
NAME WEIW J SIEPfE1S
59.DRI VER 51 DXEN AVE
ADDRESS 59.DRIVER
ADDRESS 30 SPRING GARDEN EST
60.CI TT,STATE SARATOGA SPRINGS, NY 12866
8 ZIPCODE 60.CITY, STATE
d ZIPCODE CAMISLE, PA 17013
61.SE%
M 62.DATE OF
BIRTH 05/02/1966 63.DNONE
800-558-1148 61.SE%
F 62.DATE OF
04/19/1962 63.PHONE
BIRTH 717-299-7182
Y® N CLASS A Y H 6E CLASS C
61.CARRIER 67.CARRIER
68.CARRIER 68.CARRIER
ADDRESS ADDRESS
69.CITY,STATE 69.CITY,STATE
d ZIPCODE 6 ZIPCODE
70.US0OT IT ICC N PUC IF
I 70.USDOT 0 ICC 0 PUC 0
72.VEA.
... 17`3LCARGO 74.GVWR .EVEN. ?1CAR00 74.GVWR
COHf IG. BODY TYPE CONTIG. BODY TYPE
75.N0. OF 1761 HAZARDWS 77. RELEASE OF NAZ NA7 75.N0. OF 76 HAZARDOUS 77.11ELEASE OF HAZ NA1
1%LES MA IERIALS Y? H UNK ? A%LES MATERIALS Y N UNK
PAGE: CENTER FOR HIGHWAY SAFETY
N.ME6ECAL FACILITY
m IDENT DAT
NCNE E' 11/14/1997
- PEOPLE INFORMATION B' C D 'E F G NAME ADDRESS H I J K L N
01 1 M 31 3 1 0 JOSEPH R SMITH, 51 DOTEN AVE, SARATOGA SPRINGS, NY 12 0 00 00 B 0 0
02 1 F 35 3 1 0 WENDY J SIEPHENS, 30 SPRING GARDEN EST, CARLISLE, PA 0 00 00 B 0 0
?H1Z ILLUMINATION F2 97 HEATHER a
ROAD SURFACE 86. DIAGRAM
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4
84.PENNSYLVANIA SCHOOL DISTRICT
(IF APPLICABLE)
,
I , A Rl < C C f/]
85.OESCRIPTION OF DAMAGED PROPERTY _ _
OWNER SV_n? /J• I f ? SROO// /?
ADDRESS
1 YjF(OQ(I S.
PHONE
87.NARRATIVE-IDENTIiY PRECIPITATING EVENTS
DETAILS, LIKE INSURANCE INFORMATION AND
Sr S. In,!
, CAUSATION FACTORS, SEQUENCES OF E ENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL
LOCATION OF TOWED VEHICLES, IF KNOWN.
THIS ACCIDENT OCCURRED AS WrI 2 WAS TRAVELING NORTH C N RT 11 IN THE RIG Hr LANE
APPROACHING A TRAFFIC SIGNAL. UNIT 1 WAS FOLLaKING LNIT 2 IN THE RIGHT LANE. THE DRIVER OF
LWIT 2 SAID SHE SLAM ON HER BRAKES SO SHE COULD STOP IN TIME FOR A RED LIG r AT RT 11
NORTH AT THE EMBERS. UNIT 2 DID STOP IN TIME FOR THE RID LIG r. UNIT 1 DRIVER SAID HE WAS
OVER 100 FEET BEHIND UNIT 2 WHIN HE SAW THE LIG9 SIMT TO CHANGE COLOR. HE SAID HE
THCL= UNIT 2 WOULD GO THROUGH THE YELLOW LIGiT AS IT 04ADM TO RID, BUT SHE DID NOT.
WHEN UNIT 1 SLW4E:) CFI HIS BRAKES HE SLID AND STRUCK UNIT 2'S REAR PASSENGER CORNER WIT-I
HIS DRIVER SIDE FRONT' BUMPER CORNER.
li?$L?IIAAIME
INN 0 MON COMPANY
GLARDIAN INS CO INSURANCE
INiOR A1IOW COMPANY
STATE FARM
UNIT
1 POLICY NO
1233134 UNIT
2 POLICY NO
6680403E1438G
88.
WITNESSES NAME ADDRESS PHONE
I
Y. VIULAIIUHb INDICATED YU. SECTION NUMBEKS (ONLY If CHARGED) TC NTC
UNIT1
UNIT 2
I
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USE L TEST ® NO TEST `lUSE TEST ® NO TES 1 COMPLETE?
UNIT 1 0 0 0.00% REFUSE
O UNK UNIT 2 0 0 0.00 0 REFUSE
Q _ UNK
YES O NO C:
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INVOICE
MOM
MARS DAVID FRANKEL
DOUOLAS RAT BARE
DARRYL WESLEY CUNNINGHAM
STEVEN DONALD STAMBAUGH
THOMAS JOSEPH MANGAN, JR.
CO..SCL
April 2, 1998
INS INSURANCE
ATTN: MS. JANET TERP
P.O. BOX 2680
GREENBAY WI 54306
FRANKEL, BARE & ASSOCIATES
A PROFESSIONAL CORPOIITIDN
Re: Our Client:
Your Insured:
Date of incident:
Your Claim #:
Dear Ms. Terp:
M WEST AINO STREET
P O. Box 131119
YORK, PENNSYLVANIA 17103.1389
To /eSA•Je3B
4.0R 0 rQo,
Beverly Rockwell
unknown and requested
November 11, 1997
A 971 7750
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This law firm has been retained by Ms. Beverly Rockwell regarding the November 11, 1997,
incident. We request that you provide us with the name, address and telephone number of the
adjuster who will be handling this claim.
Any prior authorizations by Ms. Beverly Rockwell for records or information are hereby
revoked. Additionally, we request that you provide us with any recorded or written statements which
you obtained from Ms. Beverly Rockwell and a copy of any and all information obtained through the
use of any authorization for records or information.
We will provide the necessary documentation at the appropriate time. If you would like to
discuss this matter, please call.
Very truly yours, _
i
FRANKEL BARE 8 ASSOCIATES,/
I i
Darryl W. Cunningham, Esq.
DWC/jjl
Fecr_a- 1?-' C9
W-dv Stephens
30 Sprng Garden Estates
Carlisle, PA 17013
RE: Our Claim -4: A9717750
Date of Loss: 11-14-97
Dear GIs. Stephens:
This letter serves to acknowledge we have concluded the handling of the salvage of your 1985
Buick Re-gal.
Further, I have attempted to contact you by telephone for some time now, but I have been
unsuccessful. Please call me to discuss any outstanding issues you have. If I do not hear from
you by March 1, 1998, I will assume there are no pending issues and will close my file.
Thank you for your cooperation in this matter.
Sincerely,
Janet Terp
Associate Claims Representative
800-558-6795 x3011
-?? P 0 BOX 2680 • GREEN SAY. WI 54306.2580 • ,'92C) 5>2 3073 + %AX (920) ==2.3CC3 lla?l
MP MApU
iJE
May 11, 1998
Wendy Stephens
30 Spring Garden
Carlisle, PA 17013
RE: Date of Loss: 11/14/97
Our File No.: A9717750-AJS
Dear Ms. Stephens:
M.la/, & N
I am now handling the above captioned file for Schneider National Carriers, Inc. Janet Terp, who
formerly handled this file, had been trying to make contact with you for some time to determine if you
have completed treatment. Since she has been unable to contact you by mail, l am attempting to reach
you by mail.
Enclosed please find the check in the amount of $500.00 which represents full and final settlement of
your claims.
I also enclose a release in the same amount. Please note that there is a release on the back of the
check also, so cashing the check will release us from this claim. Please forward the release back
to me at your earliest convenience.
Thank you for your cooperation throughout this matter.
Sincerely,
INS INSURANCE, INC.
Amy S. Kroll
Associate Claims Representative
920-592.3031
? P 0 BOX 2680 8 GREEN BAY, WI 5430&2680 • (9201 592.3013 • FAX (9201592-3003 HP 192.633,
MARK OAVIO rRANKEL
OOUOUa PAY SAME
OARRYL WESLEY CUNNINGHAM
STEVEN DONALD STAMEAUGH
THOMAS JOSEPH MANGAN. JR
cou.3c,
,Play 25, 1999
Ms Amy S Kroll
INS Insurance
PO Box 2680
Green Bay WI 54306
Re: Our Client:
Your Insured:
Date of incident:
Your Claim #:
Dear Ms. Kroll:
M WEST KING STREET
P O 60. 369
VONA. PENNSYLVANIA 17405.389
)O, a". 3886
JUN 0 > 1999
rq
Beverly Rockwell
Unknown and requested
November 11, 1997
A 9717750-AJS
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We are in the process of collecting the medical records from the medical
providers with whom Ms. Rockwell has completed her treatment. We will forward
those to you as soon as possible. She continues to treat and has been provided with
a TENS unit to assist in the healing. As soon as she has completed this, we will
prepare and forward a demand to you.
Very truly yours,
FRA?N?K}E?L,, ?BARE & A OCI
t
Darryl W. Cunningha
FRANKEL, BARE & ASSOCIATES
A PRORSIIONAL COP....,."
DWC/cjn
cc: Ms. Beverly Rockwell
I NSURA !C!E, I NC.
May 17, 1999
Darryl W. Cunningham, Esq.
P. O. Box 1389
York, PA 17406-1389
RE: Date of Loss: 11/11/97
Claimant(s): Beverly Rockwell
File No.: A9717750-AJS
Dear Mr. Cunningham:
=216v. N
I am unable to reach you by telephone. May I please get an update on your client's injury and
whether or not a demand packet is in the works?
Sincerely,
INS INSURANCE, INC.
Amy S. Kroll
Associate Claims Representative
(920) 592-3031
PO BOX 2660 a GREEN BAY, M 54305,2680 a (920) 5923013 a FAX 19201 5923003
.m-ac+'.
I T M
INSURANCE
C.
August 27, 1998
Darryl W, Cunningham, Esq.
P O. Box 1389
York, PA 17406-1389
R.E. Date of Loss 11/11/97
Claimant(s): Beverly Rockwell
File No.: A9717750-AJS
Dear Mr. Cunningham:
'Of m Vr
Pursuant to my letter of August 20, 1998,1 advised you that I am unsure of what type of injury
your client sustained as a result of this accident 1 would appreciate receiving any medical
information you haN a to date or any information you could give me with regard to her injury.
Thanking you in ad% ante for your cooperation in this matter
Sincerely,
INS INSURANCE, INC.
Amy S Kroll
Associate Claims Representative
(920) 592-3031
P.O. BOX 2680 o GREEN BAY, W/ 5430626BO i (9201 5 92301 3 • FAX 1920) 592.3003 e?
HP 482 8334
it! E, INC.
August 20, 1998
Darryl W. Cunningham, Esq.
P. O. Box 1389
York, PA 17406-1389
RE: Date of Loss. 11/11/97
Claimant(s) Beverly Rockwell
File No A9717750-AJS
Dear Mr. Cunningham.
MM,, VT
Pursuant to my letter of August 13, 1998, I advised you that I am unsure of what type of injury
your client sustained as a result of this accident. I would appreciate receiving any medical
information you have to date or any information you could give me with regard to her injury.
Thanking you in advance for your cooperation in this matter.
Sincerely,
[NS INSURANCE, INC.
Amy S. Kroll
Associate Claims Representative
(920) 592-3031
mmwmwmw? P 0 BOX 2680 • GREEN BAY. WI 54306.2680 • (9201592-3013 • FAX (9201 592.3003
HP 482.9771
I ITS =M& vy
INSURANCE./NC.
August 13, 1998
Darryl W. Cunningham, Esq.
P. 0. Box 1389
York, PA 17406-1389
RE: Date of Loss: Ilill/97
Claimant(s): Beverly Rockwell
File No.: A9717750-AJS
Dear Mr. Cunningham:
Pursuant to my letter of August 6, 1998, 1 advised you that I am unsure of what type of injury
your client sustained as a result of this accident I would appreciate receiving any medical
information you have to date or any information you could give me with regard to her injury.
Thanking you in advance for your cooperation in this matter.
Sincerely,
INS INSURANCE, INC.
Amy S, Kroll
Associate Claims Representative
(920) 592-303 1
P 0 BOX 2680 6 GREEN BAY, WI 543062680 • (920) 5923013 • FAX 19201592-3003 NP 482.8771
Commonwealth of Pennsylvania
County of Cumberland
Beverly Rockwell and Gary
Rockwell, as husband and wife
vs
Schneider National Carriers, Inc.
4800 S. Central Ave., Ste. D
Chicago IL 60638
Joseph R. Smith
51 Doten Ave.
Saratoga Springs NY 12866
Wendy J. Stephens
30 Spring GArden Est.
Carlisle PA 17013
Court of Common Pleas
F=
a
-No. ---------- 19
In --C;vi-1_yqc?tion_.__-Lar_________________
Schneider National Carriers, Inc., Joseph R. Smith and
To ___Wendy_
You are hereby notified that
--$exer4--&-_Gar*-Rockwall. --as-husband-and-a ril-a---------
the Plaintifis haVeconsenccd an actien in St1mn1OnS - C1Vi1 Action Law
-----
against you which you are required to defend or a default judgment may be entered against you.
:SEAL)
CURTIS R. LONG
-------------------
Proth no ry
September 14,
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Our File No.: OSS- U - 000t 3 I
Taken By:
Date:
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Owner:
Our File No.:
Taken By:
Date:
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a^.oN lnouri ?g Sheet REV 1'96 200-OCSO.00
Q: MY NAME IS JANET TERP. I AM CONDUCTING A RECORDED
INTERVIEW WITH BEV ROCKWELL BY TELEPHONE.
TODAY'S DATE IS NOVEMBER 21, 1997 AND THE TIME IS 3:07
CENTRAL STANDARD TIME. 1'M CALLING FROM TELEPHONE
NUMBER 920- 592-3011. AND BEN WHA TELEPHONE NUMBER ARE
YOU AT?
A: 245-0906.
Q: AND THE SUBJECT OF THIS INTERVIEW CONCERNS AN
ACCIDENT WHICH OCCURRED IN CARLISLE. PA ON NOVEMBER
13TH AT APPROXIMATELY 1:30 IN THE AFTERNOON ON
ROUTE I1 AND COOK DRIVE. BEV DO YOU REALIZE 1 AM
RECORDING THIS INTERVIEW?
A: MM :MIvIM (AGREEING).
Q: AND DO I HAVE YOUR PERMISSION TO RECORD THIS
INTERVIEW?
A: SURE.
Q: BEV CAN YOU GIVE ME YOUR FULL NAME AND SPELL
YOUR LAST NAME?
A: BEVERLY ANN ROCKWELL R-O-C-K-W-E-L-L.
Q: AND WHAT IS YOUR HOME ADDRESS?
A: 1120 NEWVILLE ROAD CARLISLE, PA.
Q: AND YOUR DATE OF BIRTH?
A: SEPTEMBER 4, 1962.
Q: AND YOUR SOCIAL SECURITY NUMBER?
A: 228.94-1552
Q: AND BEV WERE YOU A PASSENGER IN THE VEHICLE THAT
WAS INVOLVED IN AN ACCIDENT?
A: YES I WAS.
Q: AND WHO WAS THE VEHICLE BEING DRIVEN BY?
A: WINDY STEVENS.
Q: AND DO YOU KNOW WHO THE OWNER OF THE VEHICLE IS?
A AH WENDY
Q OKAI' AT THE TIME OF THE ACCIDENT WHERE WERE l'OU
COMING FROM?
A: AH YOU MEAN WHAT ROAD OR?
Q: AH WHAT LOCATION?
A: WE CAME FROM MY HOUSE.
Q: FROM YOUR HOME AND WHERE WERE YOU TRAVELLING
TO?
A: WE WERE GOING TO PICK MY NIECE UP AND TAKE HER TO
WORK AND GO DO SOME RUNNING AROUND.
Q: OKAY. BEV WHO IS YOUR CURRENT EMPLOYER?
A: UM.
Q: YOUR EMPLOYED YOUR A HOMEMAKER OR?
A: YEAH.
Q: OKAY AND UM AT THE TIME OF THE ACCIDENT CAN YOU
DO YOU RECALL THE DATE TINE AND LOCATION?
A: 1 THINK IT WAS NOVEMBER 14TH AND IT WAS RIGHT AS
YOU ALMOST TURN INTO E.MBERS WE WERE AT THE LIGHT.
Q: WHAT IS EMBERS?
A: HOTEL.
Q: HOTEL.
A: I DON'T KNOW WHAT ROAD IT IS.
Q: WAS THAT YOUR DESTINATION OR?
A: PRETTY MUCH.
Q: PRETTY MUCH OKAY AND IN YOUR OWN WORDS CAN YOU
DESCRIBE WHAT HAPPENED?
A: Ali WE WERE GETTING READY TO SLOW DOWN AT THE RED
LIGHT AND WE STOPPED AND WHILE WE WERE STOPPING I
TURNED AROUND AND LOOKED TO SEE THE BIG ORANGE
SCHNEIDER TRUCK AND I SAID TRUCK DON'T HIT US AND ABOUT
THAT TIME IT HIT US AND HE TOLD US HE THOUGHT THAT WE
WERE GOING TO GO THROUGH IT WHICH YOU DON'T DO THAT
Q OKAY. IS THIS INTERSECTION IS IT CONTROLLED WITH A
STOP AND GO LIGHT?
A' UM TRAFFIC LIGHTS
Q: TRAFFIC LIGHTS. AND SO SAID YOU WERE STOPPED AT
THE RED LIGHT?
A: MM-MMM (AGREEING).
Q: HOW WAS THE WEATHER?
A: VERY RAINY.
Q: IT WAS RAINING. THE ROADS WERE THEY WHAT WERE
THE ROADS LIKE?
A: AH THEY WERE SLICK. THEY WERE A LITTLE SLIPPERY.
Q; WET.
A: YES VERY WET.
Q: HOW WAS VISIBILITY?
A: OH YOU COULD SEE OKAY.
Q: OKAY. BEV WERE YOU WEARING YOUR SEATBELT?
A: YES I WAS.
Q: WERE YOU INJMED?
A: YES.
Q. AND WHAT WAS YOUR INJURY?
A: AH DOCTOR SAYS I HAVE A SPRAINED SHOULDER ON THE \
RIGHT SIDE AND I'VE BEEN TO THE HOSPITAL TWICE FOR IT.
Q: AND WHAT DAYS DID YOU G09
A: AH FRIDAY AND THEN I GOTTA THINK HERE. I WENT THIS
WEEK, I JUST DONT REMEMBER WHAT DAY. WEDNESDAY 1
THINK IT'S WEDNESDAY.
Q: SO APPROXIMATELY ON THE 20TH?
A: AND HE SAID IT'S STILL NOT HEALED.
Q: WHICH HOSPITAL DID YOU GO TO')
A: CARLISLE HOSPITAL.
Q: AND WHAT DOCTORS HAVE YOU SEEN')
A: DR ELLY. I DON'T KNOW HOW TO SPELL IT
Q: HAVE HE DID HE GIVE YOU ANY PRESCRIPTIONS''
A: NAPERSIN.
Q: DID HE ASK YOU TO COME BACK?
A: HE SAID TO COME BACK WITHIN A WEEK OR TWO IF IT IS
NOT FEELING ANY BETTER OR IT WEAKENS?
Q: OKAY. HAVE YOU OR WHAT WAS THAT?
A: IT'S STILL GIVING ME A LOT OF PAIN THAT'S WHY.
Q: OKAY HAS IT SEEM TO OF GOTTEN ANY BETTER?
A: NO.
Q: HAS IT GOTTEN WORSE?
A: AH IT'S REALLY BOTHERING ME WHEN 1 WALK
ESPECIALLY. HE'S TALKING ABOUT MAYBE SOME PT, PHYSICAL
THERAPY.
Q: DO YOU HAVE A FOLLOW UP VISIT SCHEDULED OR ARE
YOU STILL PLAYING IT BY EAR?
A: AH JUST PLAYING IT BY EAR.
Q: IF YOU DO GO BACK, ARE YOU GOING TO GO BACK TO DR.
ELLY OR TO YOUR FAMILY DOCTOR?
A: I LIKE TO KEEP GOING BACK TO HIM BECAUSE HE KNOWS
WHAT HAPPENED AND HE'S BEEN SEEING.
Q: BEV DO YOU KNOW IF THERE WAS ANY WITNESSES?
A: MM AS FAR AS I KNOW NO.
Q: AFTER THE IMPACT WHAT OCCURRED AT THE ACCIDENT
SCENE?
A: WHAT DO YOU MEAN?
Q: UM THE TRUCK AH HIT THE REAR OF THE VEHICLE I
UNDERSTAND.
A: YEAH MY SIDE. \
Q. ON YOUR SIDE AND THEN WHAT TRANSPIRED"
A. AH WE WERE SHOCK UP A LITTLE BIT IN SHOCK THERE
AND THEN WE GOT OUT OF THE CAR AND KINDA STOOD
AROUN'D'TIL THE COPS CAME.
Q: WHAT POLICE RESPONDED"
A I DON'T KNOW HER NAME.
Q: WAS IT THE CITY OR THE?
A: MIDDLESIX.
Q: MIDDLESIX POLICE DEPARTMENT.
A: KEVIN ASK DAWN WHAT THE COPS NAME WAS. SHE
KNOWS THEM.
Q: OKAY.
A. PAULA MOLIN.
Q: OKAY.
A: SHE TALKED TO WENDY.
Q: ALRIGHT, NOW YOUR DAUGHTER HEATHER WAS IN THE
VEH ICLE CORRECT?
A: MM-MMM (AGREEING).
Q: WAS HEATHER AH IN A SEATBELT OR AH?
A: YES.
Q: OKAY. WAS SHE INJURIED? i
i
A: NO.
Q: AND YOUR NIECE DESIREE WAS IN THE VEHICLE?
A: MM-MMM (AGREEING).
Q: WAS SHE INA CAR SEAT?
A: YES.
Q: AND WAS SHE INJURIED?
A: NO.
Q: BEV HAVE YOU UNDERSTOOD ALL MY QUESTIONS?
A: YES. m
Q: HAVE ALL YOUR ANSWERS BEEN TRUE AND CORRECT TO
THE BESTOFYOUR KNOWLEDGE'?
A: YES THEY ARE
Q: WOULD YOU PLEASE STATE YOUR FULL NAME AGAIN AND
SPELL YOUR LAST NAME?
A: BEVERLY ANN ROCKWELL R-O-C-K-W-E-L-L.
Q: BEV HAS THIS CONVERSATION BEEN RECORDED WITH
YOUR PERMISSION?
A: YES IT HAS.
Q: THANK YOU FOR THIS INTERVIEW AND WITH YOUR
PERMISSION I'LL TURN OFF THE RECORDER?
A: OKAY.
7
LAW OFFICES OF
JACK EMAS & Assom TES
PHILADELPHIA OFFICE
3130 CENTRE SQUARE WEST
1500 MARKET STREET
PHILADELPHIA, PA 19102
(215) 972-8065
FAX (215) 972-8322
PLEASE REPLY TO: Philadelphia 00ice
August 14, 2000
Darryl W. Cunningham, Esquire
14 W. King Street, P.O. Box 1389
York, PA 17405
RE: Beverly Rockwell and Gary Rockwell v. Schneider National
Carriers, Inc., Joseph R. Smith and Wendy J. Stephens
U.S.D.C., No. i:CV-99-2148
Our File No. 17,628(MDM)
Dear Mr. Cunningham:
COP y
NEW JERSEY OFFICE
112 JOHNSON ROAD
TURNERSVILLE, NJ 08012
(609) 401-0200
FAX (609) 227-1556
Enclosed please find Answers and Objections of Defendant Schneider National Carriers,
Inc. to plaintiffs interrogatories with reference to the above matter.
Very truly yours,
JACK EMAS & A OCIATE?.
BY: - zz??" s--
JACI(E AS
JE/lp
Enc.
cc: Stephen L. Banko, Esquire - w/enc.
R E C 11 VED
F11:3 1 1 2000
D.%Vll.C.
Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
Defendant objects to all interrogatories to the extent they seek disclosure of
information protected from disclosure by reason of the attorney-client or other privilege
and/or as attorney work product and/or as revealing the mental impressions, conclusions,
opinions, legal theories, strategy or tactics of an attorney. Defendant further objects on
the basis said interrogatories are overly broad, unduly burdensome and oppressive.
Defendant also objects on the grounds the documents and information sought are not
relevant to the pending litigation and not reasonably calculated to lead to the discovery of
admissible evidence. Defendant further specifically objects to the extent the
Y
interrogatories seek disclosure of information beyond that required to be disclosed by the
Pennsylvania Rules of Civil Procedure.
Subject to and without waiver of the said general and specific objections, answers
to the foregoing interrogatories are set forth herewith.
ANSWERS OF DEFENDANT SCHNEIDER NATIONAL CARRIERS, INC.
TO PLAINTIFF' INT RRO ATORI S
1. See police report.
2. (a)-(d) See police report.
3. None. By way of further response, see police report.
4. See statement of plaintiff produced in defendant's answers to request to
produce.
5. None.
6. None.
7. None.
8. N/A
9. See photos produced in response to plaintiffs document requests.
10. See police report.
11. Guardian Insurance Company.
12. Objected to as this interrogatory calls for a legal conclusion.
13. Objected to as this interrogatory calls for a legal conclusion.
w
14. None.
15. None.
16. None at this time.
17. (a)-(g) See police report and other documents and copies of photographs
provided in response to plaintiffs request to produce.
18. (a)-(d) See police report.
19. (a)-(e) No.
20. (a)-(d) Answering defendant has no information in response to this
interrogatory.
21. (a)-(c)
22. Answering defendant has no information co-defendant Smith has yet to be
served, and may have knowledge to respond.
23. See police report.
24. None.
25. (a)-(b) Yes.
26. See answer to request to produce.
27. Testing per DOT regulations.
28. Objection.
29. Objection.
30. See address noted on plaintiffs Complaint.
31. None available.
JACK EMAS & ASSOCIATES
BY:
JACK EMAS
VERIFICATION
JACK EMAS, ESQUIRE states that he is the attorney for the Defendant in the above
matter; that the facts set forth in the foregoing ANSWER TO PLAINTIFF'S
INTERROGATORIES 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.S. Section
4904 relating to unsworn falsification to authorities.
BEVERLY ROCKWELL and IN THE COURT OF COMMON PLEAS OF
GARY ROCKWELL, h/w, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
99.5621 CIVIL
Vs.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH and WENDY J. CIVIL ACTION - LAW
STEPHENS,
Defendants
IN RE: MOTION TO COMPEL
ORDER
AND NOW, this l 5 ` day of April, 2000, a rule is issued on the plaintiffs to show
cause why the relief requested in the above captioned matter ought not to be granted. This rule
returnable ten (10) days after service.
BY THE COURT,
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
APR 19 20001
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEEDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
AND NOW, this day of
2000, upon consideration of
Defendant's Motion to Compel it is hereby ORDERED and DECREED said
Motion is GRANTED. Plaintiff shall file full and complete answers to defendant's
interrogatories, expert interrogatories and request for production of documents
within twenty (20) days of the date hereof or risk sanctions upon application to the
Court for hearing.
BY THE COURT:
Attorneys:
J.
Darryl W. Cunningham, Esquire
14 W. King Street, P.O. Box 1389
York, PA 17405
Attorney for Plaintiff
Stephen L. Banko, Jr. Esquire
Badowski, Banko, Kroll, Krontchal and Baker
3510 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant Wendy Stephens
Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Ernas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R
SMITH
and
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 99-5621
1. Plaintiff filed the instant action as the result of a motor vehicle accident
which occurred on November 14, 1999.
2. On February 9, 2000 counsel for defendant served on plaintiff
interrogatories, expert interrogatories and request for production of documents.
3. As of the above date neither answers nor objections have been received to
defendant's discovery requests.
4. As a result of plaintiffs failure to answer said interrogatories, expert
interrogatories and request for production of documents defendant herein will be
severely impaired and prejudiced to further investigate and evaluate this case as well
as pursue whatever additional discovery is necessary if plaintiff is not compelled to
supply full and complete answers.
WHEREFORE, Defendant requests the instant motion to compel be granted.
JACK EMAS & ASSOCIATES
BY
VERIFICATION
JACK EMAS, ESQUIRE states that he is the attorney for the Defendant in the above
matter; that the facts set forth in the foregoing MOTION TO COMPEL are true and
correct to the best othis knowledge, information and belief and that this statement is made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswotn falsification to
authorities.
;JA ' AS
Jack Emas & Associates
ATTORNEYS AT LAW
13y: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
I hereby certify that a true and correct copy of Defendant's Motion to Compel
was served on the following counsel listed below on the 5`s day of April, 2000 by
United States first class mail postage prepaid:
Darryl W. Cunningham, Esquire
14 W. King Street, P.O. Box 1389
York, PA 17405
Stephen L. Banko, Jr. Esquire
Badowski, Banko, Kroll, Krontchal and Baker
3510 Trindle Road
Camp Hill, PA 17011
JACK EMAS & ASSOCIATES
BY: Cl6- ,??'`y _
JQ EMAS
Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
1. Plaintiff filed the instant action as the result of a motor vehicle accident
which occurred on November 14, 1999.
2. On February 9, 2000 counsel for defendant served on plaintiff
interrogatories, expert interrogatories and request for production of documents.
3. As of the above date neither answers nor objections have been received to
defendant's discovery requests.
4. As a result of plaintiffs failure to answer said interrogatories, expert
interrogatories and request for production of documents defendant herein will be
•
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, Husband and Wife,
Plaintiffs
Vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
NO. 99-5621
CIVIL ACTION - LAW
Defendants JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm ofFRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Plaintiffs' Second Request for Production of
Documents directed to Defendant Joseph R. Smith upon the counsel of record
in the following manner.
BY REGULAR MAIL:
FRANKEL, BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
IRK PENNSYLVANIA ITAOI
Dale A Betty, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
Date: August ZZ, 2000
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
FRANKEL,BARE ASS ATES
Darryl VQTtu E uire
I.D. k 53306
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY NO. 99-5621
ROCKWELL, Husband and Wife,
Plaintiffs
Vs. CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm ofFRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Plaintiffs' Second Request for Production of
Documents directed to Defendant Schneider National Carriers upon the counsel
of record in the following manner.
BY REGULAR MAIL
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
Dale A Betty, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
KEL, BARE &
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
IRK. PENNSYLVANIA I7401
Date: August ZL , 2000
I.D. # 53306
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
Vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this ? day of July 2000, upon motion of Darryl W.
Cunningham, Esquire, and after consideration of the attached Motion of
Plaintiff for Leave to Take Defendant's Deposition, a rule is hereby issued
against Respondent to show cause, if any there may be, why the relief
requested should not be granted.
Said rule shall be returnable on the So-t; day of 2000, at
02; 30 10 .M., in Court Room No. zl- , of the Cumberland County Court
House.
Copies of this order shall be distributed to Darryl W. Cunningham for
the Plaintiff, Jack Emas, Esquire, counsel for Defendants Schneider National
Carriers and Joseph R. Smith, and Stephen Banko, Esquire, counsel for
Defendant Wendy Stephens.
FRANKEL. BARE &
ASSOCIATES BY THE COURT:
ATTORNEYS AT LAW
14 WEST KING STREET
IPI RR. PENNSYLVANIA 0601
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
Vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
ORDER
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this _ day of July 2000, upon motion of Darryl W.
FRANKEL, BARE &
ASSOCIATES
ATTORNEYS AT LAW
IA WEST KING STREET
)RK. PENNSYLVANIA 11601
Cunningham, Esquire and after consideration of the attached Petition, we
deem the following Order appropriate:
IT IS HEREBY ORDERED, DIRECTED AND DECREED that Defendants
shall file a full and complete response to all Interrogatories and Request For
Production of Documents requested by Plaintiff on or before July _, 2000 or
suffer appropriate sanction.
Copies of this order shall be distributed to Darryl W. Cunningham for
the Plaintiff, Jack Emas, Esquire, counsel for Defendants Schneider National
Carriers and Joseph R. Smith, and Stephen Banko, Esquire, counsel for
Defendant Wendy Stephens.
BY THE COURT:
----Judge
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MOTION TO COMPEL ANSWERS TO PLAINTIFF'S
INTERROGATORIES AND
REQUESTS FOR PRODUCTION
1.
Petitioners are Beverly Rockwell and Gary Rockwell, the Plaintiffs in
the referenced matter.
2.
Respondent is Schneider National Carriers and Joseph R. Smith, the
Defendants in the referenced matter.
3.
The Plaintiff filed suit by Writ of Summons on September 14, 1999,
and subsequently filed their Complaint on December 3, 1999.
4.
Petitioners served their first set of Interrogatories and Request for the
Production of Documents on the Defendant Schneider and Smith by regular
mail on March 30, 2000.
5.
FRANKEL BARE & Petitioners filed a Certificate of Service, for their first set of
ASSOCIATES
ATTORNEYS AT LAW Interrogatories and Request for the Production of Documents on March 31,
IA WEST KING STREET 2000.
IRK. PENNSYLVANIA 17401
6.
Defendants' answers to the Petitioners' first set of Interrogatories and
Request for the Production of Documents were due on or before May 1,
2000.
7.
Defendants' counsel contacted Plaintiffs' counsel in the latter part of
May 2000, to schedule depositions, when Plaintiffs' counsel informed
Defendants' counsel that they could schedule the depositions but discovery
must be completed in promptly to prepare properly for the depositions.
8.
On July 5, 2000, Plaintiffs' counsel contacted Defendant's counsel to
request a prompt response to the discovery requests, followed by a letter on
July 6, 2000, requesting the responses by July 10, 2000.
9.
On July 11, 2000, Petitioners' counsel again contacted Defendants'
counsel who advised they had not received the discovery from corporate
counsel and was informed that it may be another seven to ten days, but
would not specify an exact date.
FRANKEL. BARE IS
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
IRK PENNSYLVANIA IT<OI
10.
Defendants have failed to answer or object to the Plaintiffs'
Interrogatories and Request for the Production of Documents.
11.
Defendants have not complied with the Pennsylvania Rules of Civil
Procedure concerning depositions and discovery rules 4001.01 et seq.
WHEREFORE, Plaintiff prays this Honorable Court issue an Order
Compelling the Defendant to answer each interrogatory and document
request fully and completely or to suffer such sanction(s) deemed appropriate
by this court.
Respectfully Submitted,
FRANKEL, BARE & ASSOCIATES
Date: ly
arryl unpin am sq re
1. D. # 53306
Attorney for Plaintiff
14 W. King Street
York, PA 17401
(717) 854-3836
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing PLAINTIFFS' MOTION TO COMPEL
DEFENDANTS RESPONSE TO DEFENDANT'S INTERROGATORIES AND
REQUEST FOR PRODUCTION OF DOCUMENTS upon the counsel of record
in the following manner.
BY REGULAR MAIL:
Dale A Betty, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
FRANKEL. BARE IS 11 Date: July 111, 2000
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
IRK PENNSYLVANIA 17401
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
FRANKEL, BARE &
laa LI) .
I.D. # 53306
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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Jack Emas & Associates
ATTOPONEYS AT LAW
13?: Sack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
and
AND NOW, this day of
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 99-5621
2000, it is hereby ORDERED and
DECREED Plaintiff's Motion to Compel is DENIED.
BY THE COURT:
J.
Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
DEFENDANT SCHNEIDER NATIONAL CARRIERS, INC.'S
AN W .R TO P AINTIFF,S >4QTION TO COMPFi
1. Admitted.
2. Denied. Joseph R. Smith has yet to be served with Plaintiffs Complaint.
3. Admitted.
4. Admitted.
5. Denied. After reasonable investigation, answering defendant lacks
sufficient knowledge or information to form a belief as to the truth of the allegations
contained in this paragraph, therefore, same are denied.
6. Admitted.
7. Admitted in part; denied in part. Answering defendant did seek the
scheduled depositions but it is specifically denied defense counsel was advised that
plaintiff was agreeable to schedule depositions but discovery must be completed in
order to properly prepare for same. In fact, depositions were recently completed
without plaintiff receiving answering defendant's discovery answers.
8. Admitted.
9. Admitted in part; denied in part. Answering defendant has no recollection
of confirming with plaintiffs counsel that answers would be forthcoming within
seven to ten days, but does admit that a specific date to provide discovery responses
was not provided at that time.
10. Denied. On the contrary, pursuant to correspondence to plaintiffs
counsel on May 9', plaintiff received defendant's objections and/or responses to
plaintiffs request for production of documents. Answers to plaintiff's I
interrogatories were recently supplied by answering defendant, with correspondence
dated August 14, 2000.
4
1 I . Denied. Written discovery responses have already been supplied to
plaintiff's interrogatories and request for production of documents. Further,
depositions were recently completed of plaintiff and co-defendant Wendy Stephens.
Counsel for plaintiff has yet to schedule nor notice the deposition of a representative
of Schneider National Carriers.
WHEREFORE, Answering defendant Schneider National Carriers, Inc.
requests plaintiffs motion to compel be denied.
JACK EMAS & ASSOCIATES
BY
VERIFICATION
JACK EMAS, ESQUIRE states that he is the attorney for the Defendant in the above
matter; that the facts set forth in the foregoing ANSWER TO MOTION TO COMPEL
OF PLAINTIFF 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.S. Section 4904
relating to unsworn falsification to authorities.
JACI AS
Jack Emas & Associates
ATTORNEYS AT LAW
ti. Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
I hereby certify that a true and correct copy of Defendant's Answer to
Plaintiff's Motion to Compel was served on the following counsel listed below on
the 14`s day of August, 2000 by United States first class mail postage prepaid:
Darryl W. Cunningham, Esquire
14 W. King Street, P.O. Box 1389
York, PA 17405
Stephen L. Banko, Jr. Esquire
Badowski, Banko, Kroll, Krontchal and Baker
3510 Trindle Road
Camp Hill, PA 17011
JACK EMAS & ASSOCIATES
BY:
JA MAS
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY NO. C4 - L ;./
ROCKWELL, as Husband and Wife,
Plaintiffs
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR SUMMONS
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue summons in LAW in the above case.
X Writ of Summons shall be issued and forwarded by
'cY.,'.n U
Date: September 1999 CA-) A
Attorney for Plaintiffs
ID No: 53306
14 West King Street, PO Box 1389
York PA 17405-1389
(717) 354-3836
M # # M #
SUMMONS IN CIVIL ACTION
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
WEST KING STREET
aN PENNSYLVANIA ITOOI
TO: Schneider National Carriers. Inc.. 4800 S. Central Avenue Suite D
Chicago, IL 60638
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE
COMMENCED AN ACTION AGAINST YOU.
Date:
rrocnonocaryit,IerK, UVII uivision
By
Deputy
j ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY NO. 2i- (?Laj Clv
ROCKWELL, as Husband and Wife,
Plaintiffs
'ANKEL. BARE a
ASSOCIATES
t ORNEVS AT LAW
IFST KING STREET
'ENNSYLVANIA 17401
vs. CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
PRAECIPE FOR SUMMONS
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue summons in LAW in the above case.
X Writ of Summons shall be issued and forwardiad,by Sher4ff.l
Date: September 1999
amyl W, unpin am, sq 're
Attorney for Plainti
ID No: 53306
14 West King Street, PO Box 1389
York PA 17405-1389 %x
(717) 854-3836
SUMMONS IN CIVIL ACTION
T0: JQseoh R Smith 51 Doten Avenue Saratoga Sorin s NY 12866
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE
COMMENCED AN ACTION AGAINST YOU. GG
=7
Prothonotary/Clerk, Civil Division
Date: B
Deputy
Commonwealth of Pennsylvania
County of Cumberland
Beverly Rockwell and Gary
Rockwell, as husband and wife
vs
Schneider National Carriers, Inc.
4800 S. Central Ave., Ste. D
Chicago IL 60638
Joseph R. Smith
51 Doten Ave.
Saratoga Springs NY 12866
Wendy J. Stephens
30 Spring GArden Est.
Carlisle PA 17013
Court of Conunon Pleas
No. e----------- 19
In -----------------
Schneider National Carriers, Inc., Joseph R. Smith and
To ___wendy_J_ StePhense
You are hereby notified that
--'---Rpv°r7 3?-6 -Gasic_Rockssells- a6-huSbind-aAd-aRi €a--------------------------
the Plaintiffs havecommenced an action in _----Summons-----Civil--Action Law
----------------------- ----------------
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
September- 14
CURTIS R. LONG
-------
19--?-9 By ----- )
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All
STEPHEN L. DANKO, JR., ESQUIRE
Pa. Supreme Court I. D. No. 41727
SADOWSKI, DANKO, KROLL, KRONTHAL, and BAKER
P.O. Box 932
Harrisburg, PA 17108-0932
3510 Trindle Road
Camp Hill, PA 17011
Telephones (717) 975-8114 Attorney for Defendant
FAKs (717) 975-8124 Wendy J. Stephens
IN THE COURT OF
CUMBERLAND COUNTY COMMON PLEAS
. PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL as husband and
wife,
Plaintiffs
Docket No. 99-5621
V.
Civil Action - Law
SCHNEIDER NATIONAL CARRIERS, Jury Trial Demanded
INC., JOSEPH R. SMITH, and
WENDY J. STEPHENS,
Defendants
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly enter my appearance as counsel for Defendant
Wendy J. Stephens.
BADOWSKI, BANKO, KROLL, KRONTHAL
d AKER
?J A Pr f onal Corporation
Date: By:
J Steph L. Banko, Jr.
Attor ey I.D. No. 41727
P. 0. Box 932
Harrisburg, PA 17108-0932
(717) 975-8114
(717) 975-8124 FAX
Counsel for Defendant, Wendy J.
Stephens
I hereby certify that a copy of the foregoing was served
upon counsel of record on this 2 day of , 1999,
by United States First Class Mail, postage prepaid, addressed as
follows:
Darryl W. Cunningham, Esquire
Frankel, Bare, and Associates
14 West King Street
P. O. Box 1389
York, PA 17405-1389
(Attorneys for PLAINTIFF)
Schneider National Carriers, Inc.
4800 S. Central Ave, Ste D
Chicago, IL 60638
(Defendant)
Joseph R. Smith
51 Doten Ave
Saratoga Springs, NY 12866
(Defendant)
Heidi Leonard
(Secretary)
;r
Jack Emas & Associates
ATTORNEYS AT LAW
By: Mark D. Mazza
Attorney Identification No. 38637
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
Attorney for Defendants, Schneider
National Carriers, Inc. and Joseph R.
Smith
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 99-5621
and
I hereby certify that Rule dated October 19, 1999 was sent to plaintiff's
counsel Daryl W. Cunningham, Esquire by letter dated November 11, 1999
attached hereto as Exhibit "A". Said Rule was received by plaintiffs counsel on
November 15, 1999 as evidenced by certified return receipt card attached as Exhibit
«B„
JACK EMAS & ASSOCIATES
w,
l' w
B0714uh 1).
MARK D. MAZZA
EXHIBIT "A"
:M?;
JA (-4. CMAJ Q[ ASSOCL4TBS
_,)k7'rORNEYS AT LAW
3130 CENTRE SQUARE WEST
1300 MARKET STREET
PNILADEI-PMA, PA 19102
JACK EMAS (215) 972406s
DALE A. BETTY FAX "(213)-912-9322
MARK D. MAZZA
KEVIN B. QUINN*
Aho A&nWW In New Jerry
Ncvember 11, 1999
Darryl W. Cunningham, Esquire
14 W. King Street
P.O. Box 1389
York, PA 17405
RETURN RECEIPT REQUESTED
RE: Beverly Rockwell and Gary Rockwell v. Schneider National
Carriers, Inc., Joseph R. Smith and Wendy J. Stephens
C.P., Cumberland County, No. 99-5621 Civil
Our File No. 17 628(MDMI
Dear W. Cunningham:
NEW JERSEY OFFICE
112 JOHNSON ROAD
nW4ERSVILLE, NJ 08012
(609) 401-0200
FAX (609)-227-1556
Enclosed please find Rule to File a Complaint with reference to the above matter.
Very truly yours,
JACK EMAS & ASSOCIATES
MDM/lp
Enc.
BY: N ,
D. MAZZA ??
EXHIBIT "B"
I..
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US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for intematbnal Mail (See reverse)
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. II 1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, Husband and Wife,
Plaintiffs
Vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND AND CLAIM RIGHTS
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 notice and pleading 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 pleading 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
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
I WEST KING STREET
.K PENNSYLVANIA 10401
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.
Court Administrator of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
>j:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, Husband and Wife,
Plaintiffs
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99.5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AVISO
-RANKEL. BARE &
ASSOCIATES
rTORNETS AT LAW
NEST KING STREET
' F-ENNSrwANIA IOaol
LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea
defenderse de las quejas expuestas en las paginas siguientes, debe tomar
accion dentro de veinte (20) dias a partir de la fecha an que recibio la
demanda y el aviso. Usted debe presentar comparecencia escrita en persona
o por abogado y presenter en la Corte por escrito sus defenses o sus
objeciones a las demandas an su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y
la Corte puede decidir an su contra sin mas aviso o notificacion por cualquier
dinero reclamado an la demanda o por cualquier otra queja o compensacion
reclamados por el Demandante. Listed puede perder dinero, o propiedades u
otros derechos importantes pare usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
LISTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA O LLAME A LA
OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
Court Administrator of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisie, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, Husband and Wife,
Plaintiffs
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 1 st day of December, 1999, comes the Plaintiffs,
Gary and Beverly Rockwell, through and by their attorneys, FRANKEL,
BARE & ASSOCIATES, Darryl W. Cunningham, Esquire, and files this
Complaint, whereof the following is a statement:
1.
FRANKEL. BARE IN
ASSOCIATES
.rTORNEYS AT LAW
WEST KING STREET
I?ENNSYLWNIA 17401
The Plaintiffs; Gary and Beverly Rockwell, (hereinafter jointly called
Plaintiffs) are adult citizens of the Commonwealth of Pennsylvania currently
residing at 1120 Newville Road, Carlisle, Cumberland County, Pennsylvania
17013.
:=4
2.
The Defendant, Schneider National Carriers, (hereinafter called
Defendant Schneider) is a corporation with its principal place of business at
4800 S. Central Avenue, Suite D, Chicago, Illinois 60638.
`II
3.
The Defendant, Joseph R. Smith, (hereinafter called Defendant
Smith) is an adult individual residing at 51 Doten Avenue, Saratoga Springs,
New York 12866.
4.
The Defendant, Wendy Stephens, (hereinafter called Defendant
Stevens) is an adult individual residing at 30 Spring Garden Street, Ext.,
Carlisle, Pennsylvania 17013.
-RANKEL, BARE &
ASSOCIATES
,rORNEYS AT LAW
NEST VINO STREET
' I'ENNSYLVANIA 1 )001
5.
The facts and occurrences hereinafter related took place on or about
November 14, 1999 at approximately 1:10 p.m. SR011, a/k/a Harrisburg
Pike, in or around its intersection with Cook Drive, Middlesex Township,
Cumberland County, Pennsylvania.
6.
At all times relevant hereto, Plaintiff Beverly Rockwell was a
passenger in a 1985 Buick Regal, bearing Pennsylvania plate LTX645,
which, at all times relevant hereto, was owned and operated by Defendant
Stevens.
7.
At all times relevant hereto, Defendant Smith was the operator of a
1993 International tractor trailer truck owned by Defendant Schneider and
bearing Illinois registration number P445893.
8.
At all times relevant hereto, Defendant Smith was in the course of his
employment with Defendant Schneider and acting on behalf of Defendant
Schneider and in furtherance of its business and economic benefit.
9.
The said damages, as described hereafter, are outside the scope and
authority of mandatory arbitration and a jury trial is hereby demanded.
COUNT I - NEGLIGENCE
Beverly Rockwell vs. Wendy Stephens
10.
Paragraphs one (1) through nine (9) are incorporated by reference as if
set forth fully hereunder.
11.
Defendant Stephens was travelling north on SR01 1 /Harrisburg Pike.
12.
Defendant Stephens slammed on her brakes to quickly stop for a red
traffic signal.
13.
Defendant Stephens was able to bring her vehicle to a complete stop
at the traffic signal.
14.
Defendant Smith was following approximately one hundred feet
behind Defendant Stephens.
15.
Defendant Smith was unable to bring his tractor-trailer to a stop in
'RANKEL. BARER
ASSOCIATES
I TTORNEYS AT LAW
WEST KING STREET
A PENNSYLVANIA 17401
time to avoid colliding with the Stephens vehicle.
16.
Said accident was directly and proximately caused by the negligence,
carelessness, and recklessness of Defendant Stephens which consisted of,
but was not limited to, the following:
a) Driving said vehicle in careless disregard for the safety of
persons or property in violation of 75 Pa.C.S.A. § 3714;
b) Failing to have her vehicle under proper control so as not to
create a hazard to other vehicle on the roadway;
c) Failing to keep a proper lookout for other vehicles lawfully on
the road; and,
d) Failing to operate said vehicle with due regard for the highway
and traffic conditions which were existing and of which she
was or should have been aware, including but not limited to
observing traffic signals and road conditions around her.
17.
As a direct and proximate result of Defendant Stephen's negligence,
carelessness, and recklessness, Plaintiff sustained personal injuries resulting
in serious impairment of bodily function and has suffered, is suffering, and in
the future will continue to suffer permanent, serious and severe mental and
bodily injuries which include, but are not limited to, the following:
a) Pain, limited motion and limited use of the right shoulder,
thoracic and subscapular area resulting in physical pain and
suffering;
b) Mental anguish;
c) Discomfort;
d) Inconvenience;
e) Distress;
f) Loss of life's pleasures;
g) Embarrassment and humiliation; and
h) An impairment of health and sense of well being.
-RANKEL. BARE &
ASSOCIATES
'TORNEYS AT LAW
NEST KING STREET
?`ENNSYLVANIA 17p01
18.
As a direct and proximate result of Defendant Stephen's negligence,
carelessness, and recklessness, Plaintiff has suffered, is suffering, and in the
future will continue to suffer financial injuries which include, but are not
limited to, the following:
a) Past, present, and future medical expenses which have or may
in the future exceed applicable legal limits; and
b) Incidental costs resulting from dealing with said injuries.
19.
Said accident resulted either solely or jointly from the carelessness,
recklessness, and negligence of Defendant Stephens and the other named
Defendants and was in no way the result of any act or failure to act on the
part of 'the Plaintiffs.
WHEREFORE, Plaintiffs respectfully requests this Honorable Court to
enter judgment against the Defendant in an amount in excess of
$30,000.00, plus costs and interest as allowed by law.
COUNT II - NEGLIGENCE
Beverly Rockwell vs. Joseph R. Smith
20.
Paragraphs one (1) through nine (9) are incorporated by reference as if
set forth fully hereunder.
21.
Defendant Stephens, while travelling north on SR011/Harrisburg Pike,
slammed on her brakes to quickly stop for a red traffic signal.
22.
Defendant Smith was following approximately one hundred feet
?'RANKEL BARE &
ASSOCIATES
„TORNEYS AT LAW
WFST KING STREET
LENNS. LV,NI, I M11
behind Defendant Stephens.
23.
Defendant Stephens was able to bring her vehicle to a complete stop
at the traffic signal.
24.
Defendant Smith was unable to bring his tractor-trailer to a stop in
time to avoid colliding with the Stephens vehicle.
':S,ti
25.
While Defendant Stephens was stopped, Defendant Smith's tractor-
RANKEL BARES
ASSOCIATES
rtORNEYS AT LAW
.NEST KING STREET
rLNNSVLVANIA n<oi
trailer violently slammed into the rear of Defendant Stevens car.
26.
Said accident was directly and proximately caused by the negligence,
carelessness, and recklessness of Defendant Smith which consisted of, but
was not limited to, the following:
a) Operating said motor vehicle without due regard to the rights,
safety, and position of Defendant Stephen's vehicle;
b) Failing to have said vehicle under proper control so as to
prevent the same from colliding with Defendant Stephens'
vehicle;
c) Failing to keep a proper lookout for other vehicles lawfully on
the road;
d) Failing to operate said vehicle with due regard for the highway
and traffic conditions which were then and there existing and
of which he should have been aware;
e) Failing to take evasive adequate action to avoid impacting
Defendant Stephens' vehicle;
f) Following the Plaintiff too closely in violation of 75 Pa.C.S.A.
§3310;
g) Violating 75 Pa.C.S.A. §3361 by operating said vehicle at a
speed greater than that which would have permitted him to
stop within the assured clear distance ahead of him; and,
h) Violating 75 Pa.C.S.A. §3714 by driving said vehicle in careless
disregard for the safety of persons or property.
27.
Said accident resulted solely or jointly from the carelessness,
recklessness, and negligence of Defendant Smith and the other named
defendants and was in no way the result of any act or failure to act on the
part of the Plaintiffs.
28.
As a direct and proximate result of Defendant Smith's negligence,
carelessness, and recklessness, Plaintiff has sustained personal injuries
resulting in serious impairment of bodily function which include, but are not
limited to, the following:
a) Pain, limited motion and limited use of the right shoulder,
thoracic and subscapular area resulting in physical pain and
suffering;
b) Mental anguish;
c) Discomfort;
d) Inconvenience;
e) Distress;
f) Loss of life's pleasures;
g) Embarrassment and humiliation; and
h) An impairment of health and sense of well being.
°RANKEL BARE &
ASSOCIATES
,rTORNEYS AT LAW
HEST KING STREET
• PENNSYLVANIA 17901
29.
As a direct and proximate result of the Defendant's negligence,
carelessness, and recklessness, Plaintiff has suffered, is suffering, and in the
future will continue to suffer financial injuries which include, but are not
limited to, the following:
a) Past, present, and future medical expenses which have or may
in the future exceed applicable legal limits; and
b) Incidental costs resulting from dealing with said injuries.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter judgment against the Defendant and in favor of the Plaintiff in an
amount in excess of $30,000.00, plus costs and interest as allowed by law.
COUNT III - NEGLIGENCE
Beverly Rockwell vs. Schneider National Carriers
30.
Paragraphs one (1) through twenty-nine (29) are incorporated by
reference as if set forth fully hereunder.
31.
Defendant Schneider is a trucking company which provides carrier
services for hire.
32.
At the time of the collision, Defendant Smith was an employee/agent
of Defendant Schneider.
33.
At the time of the collision, Defendant Smith was acting in
furtherance of the business activities of and within the scope and duties of
his employment with Defendant Schneider.
34.
At the time of the collision, Defendant Smith operated the vehicle
"RANKEL. BARE &
ASSOCIATES
-,ITORNEYS AT LAW
WEST KING STREET
' PENNSYLVANIA IIGOI
owned and maintained by Defendant Schneider with its permission and
authority.
35.
Defendant Schneider is liable for the actions and omissions of
Defendant Smith under the doctrine of respondeat superior.
36.
As a direct and proximate result of the actions and/or omissions of
Defendant Schneider, by and through its agent and employee, Defendant
Smith, Plaintiff Beverly Rockwell has sustained personal injuries resulting in
serious impairment of bodily function which include, but are not limited to,
the following:
a) Pain, limited motion and limited use of the right shoulder,
thoracic and subscapular area resulting in physical pain and
suffering;
b) Mental anguish;
c) Discomfort;
d) Inconvenience;
e) Distress;
f) Loss of life's pleasures;
g) Embarrassment and humiliation; and
h) An impairment of health and sense of well being.
37.
As a direct and proximate result of the actions and/or omissions of
Defendant Schneider, by and through its agents and employees, Plaintiff
Beverly Rockwell has suffered, is suffering, and in the future will continue to
suffer financial injuries which include, but are not limited to, the following:
a) Past, present, and future medical expenses which have or may
in the future exceed applicable legal limits; and
'RANKEL. BARE IN
ASSOCIATES
.rrGRNEYS AT LAW
NEST KING STREET
PENNSYLVANIA 17401
bl Incidental costs resulting from dealing with said injuries.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter judgment against the Defendant and in favor of the Plaintiff in an
amount in excess of $30,000.00, plus costs and interest as allowed by law.
COUNT IV - LOSS OF CONSORTIUM
Gary Rockwell vs. Wendy Stephens
38.
Paragraphs one (1) through thirty-seven (37) are incorporated by
reference as if set forth fully hereunder.
39.
As a result of the negligence of Defendant Stephens, as more fully
described in the preceding paragraphs, Plaintiff Gary Rockwell has sustained
a loss of his wife's comfort, society, aid, consortium, and services.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to
enter judgment against Defendant Stephens in an amount in excess of
$30,000.00 plus costs and interest as allowed by law.
COUNT V - LOSS OF CONSORTIUM
Gary Rockwell vs. Joseph R. Smith
40.
Paragraphs one (1) through thirty-nine (39) are incorporated by
-RANKEL, BARE &
ASSOCIATES
ITTORNEYS AT LAW
WEST KING STREET
• PENNSYLVANIA I7401
reference as if set forth fully hereunder.
41.
As a result of the negligence of Defendant Smith, as more fully
described in the preceding paragraphs, Plaintiff Gary Rockwell has sustained
a loss of his wife's comfort, society, aid, consortium, and services.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to
enter judgment against Defendant Smith in an amount in excess of
$30,000.00 plus costs and interest as allowed by law.
COUNT VI - LOSS OF CONSORTIUM
Gary Rockwell vs Schneider National Carriers
42.
Paragraphs one (1) through forty-one (41) are incorporated by
reference as if set forth fully hereunder.
43.
As a result of the negligence of Defendant Schneider, as more fully
described in the preceding paragraphs, Plaintiff Gary Rockwell has sustained
a loss of his wife's comfort, society, aid, consortium, and services.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to
enter judgment against Defendant Schneider in an amount in excess of
$30,000.00 plus costs and interest as allowed by law.
Respectfully submitted,
FRANKEL, BARE & ASSOCIATES
%RANKEL. BARE Sr
ASSOCIATES
ATTORNEYS AT LAW
I WEST KING STREET
1A PENNSYLVANIA V901
Date: December 1, 1999
i%
Court I.D. No. 5310e
Attorney for Plaintiff
14 West King Street
P.O. Box 1389
York, PA 17405-1389
(717) 854-3836
VERIFICATION
I verify that the statements made in this COMPLAINT
°RANKEL. BARE &
ASSOCIATES
+rTORNEYS AT LAW
WEST KING STREET
-+ PENNSYLVANIA 17401
are based upon information which has
been furnished to counsel by me and information which has been gathered by
counsel in the preparation of this lawsuit. The language is that of counsel and
not my own. To the extent that the contents are based upon information which
I have given to counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the contents are that of counsel, I
have relied upon my counsel in making this verification. I understand that false
statements herein are made subject to penalties of 18 PA C.S. §4904, relating
to unsworn falsification to authorities.
12/1/99 A,!( D_. &'r .
Date Beverly ckwell
/ ..?
12/1/99
Date Gary kwell
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY NO. 99-5621
ROCKWELL, as Husband and Wife,
Plaintiffs
VS. CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Complaint upon the counsel of record in the
following manner.
BY REGULAR MAIL:
Mark D Mazza, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
FRANKEL. BARE &
ASSOCIATES Date: December 1, 1999
ATTORNEYS AT LAW
, WEST KING STREET
ve PENNSYLVANIA I>AOI
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
FRANKEL, BARE &
I.D. # 53306 1-
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
TES
M 1 "? A i.1 l YT"..rly^'•r,? 1f 'r1 T e}fi N { , ' ?':e;i
v{.• { 1• w'S? J. 4Y
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY NO. 99-5621
ROCKWELL, as Husband and Wife,
Plaintiffs
VS. CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
PRAECIPE TO REISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please re-issue the Writ of Summons in the above-captioned case.
Date: December 1, 1999
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
16 WEST KING STREET
YORK PENNSYLVANIA 17401
Respectfully submitted,
FRRANKEL, BARE & ASSOCIATES
Darryl WCunningha4
ui
Supreme Ct. I.D. No. 53306
Attorney for Plaintiffs
14 W. King Street
PO Box 1389
York PA 17405-1389
717-854-3836
Jack Emas & Associates
ATTORNEYS AT LAW
By: Mark D. Mazza
Attorney Identification No. 38637
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
TO THE PROTHONOTARY:
Attorney for Defendants, Schneider
National Carriers, Inc. and Joseph R.
Smith
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 99-5621
Kindly issue a Rule upon Plaintiffs to file a Complaint within twenty (20)
days or suffer judgment of non pros.
JACK EMAS & ASSOCIATES
BYh4? y .
MARK D. MAZZA AND NOW, this / 9 -4 tday of QC4ob E/L , 1999, a Rule is hereby
granted upon plaintiff to file a Complaint herein within 20 days after service hereof
or suffer the entry of a judgment of non pros.
FFROTHONOTARY
Jack Emas & Associates
ATTORNEYS AT LAW
By: Mark D. Mazza
Attorney Identification No. 38637
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL
and GARY
ROCKWELL, h/w
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
TO THE PROTHONOTARY:
Attorney for Defendants, Schneider
National Carriers, inc. and Joseph R.
Smith
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 99-5621
Kindly enter my appearance on behalf of Defendants, Schneider National
Carriers, Inc. and Joseph R. Smith in the above entitled action.
JACK EMAS & ASSOCIATES
BY: .'/1 0, --
MARK D. MAZZA
Jack Emas & Associates
ATTORNEYS AT LAW
By: Mark D. Mazza
Attorney Identification No. 38637
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc. and Joseph R.
Smith
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R -
SMITH
NO. 99-5621
TO THE PROTHONOTARY:
Defendants hereby demand jury trial of 12 members plus two alternates in the
above captioned matter.
JACK EMAS & ASSOCIATES
By:
MARK D. MAZZA U 49
BEVERLY ROCKWELL AND
GARY ROCKWELL, H/W
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
SCHNEIDER NATIONAL
CARRIERS, INC. AND JOSEPH
R. SMITH AND WENDY
J. STEPHENS
NO. 99-5621 CIVIL TERM
CIVIL ACTION - LAW
f--mil ?-rU
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Please acknowledge receipt of this case by signing and dating this document.
RECORD RECEIVED: Date ?A>5,/ (- O
, I
Jack Emas & Associates
ATTORNEYS AT LAW
By: Mark D. Mazza
Attorney Identification No. 38637
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
and
Attorney for Defendants, Schneider
National Carriers, Inc. and Joseph R.
Smith
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 99-5621
PRAECIPE
TO THE PROTHONOTARY:
Attached hereto is a copy of the Notice of Removal to the United States
District Court for the Middle District of Pennsylvania filed in the above captioned
matter. The Notice was filed on December 14, 1999.
JACK EMAS & ASSOCIATES
BY: M'lL , (1)
MARK D. MAZZX
? • ? ?a WYR rowel wR, •w ?M1.?1/. N.u?.... uw ?.. ?...y ..r-.. f?pY11? _...nw 46
This
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arvo :4r Clekpd C w Io M*purpoM d YiYfp Mr sMSl 01 ( b.M I O)OTIOrN8 ON TIE REVERSE ~TIE POIW r1Y/A.M
!t) PLAINTIFIFS
,evenly Rockwell and Gary Rockwell
120 Newville Road
arlisle, PA 17013
b) GOuwOFR[lImmoFFwt us=ftANw Cumberland
(EXCEPT IN U.S. PWNTIPP CASES)
DEFENDARM
Schnedier National Carriers, Inc.
Joseph R. Smith and
Wendy Stephens
aamnaFsnossceoFFwrtLmarpowe Wisconsin
.ON U.S. PLAT W CASES ONLY)
NOTE: TIN CO CO T OF Wq INVOLY0. CASIS. USE THE LOCATION OF M
(O) OWORn OWA WAW- ADOIIESS. wO MVMDK M.IAM
>arryl W. Cunningham, Esquire
.4 West King Street
'.0. Box 1389
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28 U.S.C. 1441 et seq. and 28 U.S.C. 1332
DEMAND S CHECK YES ONy If denvrded in OwrOrk
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION lwfts a In
COMPLAINT. 0 UNDER FR C.P 7J $75,000 JURY DEMAND:
VIII.RELATED CASE(S) (See nstrucsorn):
oE oocRn w SeR
IF ANY N ao
/A -- -
DATE 6*a TLAE OF ATTORNEY OF RECORD
me ON1C1 USE ONIE
RECEIPT F AMOUNT APPLY14 FV A.IOOE AAAO AAOE
AITONS" OF 190M
Mark D. Mazza, Esquire
1500 Market Street, Suite 3130
Phila, PA 19102
M. CITRENSNIP OF PRINCIPAL PARTY fucc N v moat am nawAww
(For DIw*y Cnn Ortfy) woo/t soR IaoaoaNFn
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Mark D. Mazza
Attorney Identification No. 38637
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065 .
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
Attorney for Defendants, Schneider
National Carriers, Inc. and Joseph R.
Smith
'UNGDVTATE29R;7t2 1r 4
FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA
NO. FILED
SCRANTON
and DEC 141999
WENDY 1. ST .PH .NS
PER pNOTICE OF REMOVAi,
Defendant Schneider National Carriers, Inc. is a citizen of the State of Illinois
and hereby files this Notice and avers as follows:
1. There was commenced and now pending in the Court of Cgmmon Pleas of
Cumberland County, Pennsylvania a civil action in which the above named Beverly
Rockwell and Gary Rockwell are plaintiffs and Joseph R. Smith and Wendy
Stephens are defendants.
2. Said action is civil in nature, and the amount in controversy, exclusive of
interest and costs is alleged to exceed $50,000.
3. Defendants aver that diversity of citizenship exists between the parties in
controversy as follows:
(a) Plaintiff is now and was at the time of the commencement of this action
citizen and resident of the Commonwealth of Pennsylvania.
(b) Defendant Joseph R. Smith is now and was at the time of the
commencement of this action a citizen and resident of the State of New York.
(c) Defendant Wendy Stephens is now and was at the time of the
commencement of this action a citizen and resident of the State of Pennsylvania.
(d) Defendant Schneider National Carriers has principal place of business in
Illinois, and is incorporated in West Memphis, Arkansas.
4. The accident in question allegedly occurred due to a rear end collision.
Plaintiff alleges the Schneider truck rear ended the vehicle stopped in front of said
truck, which was operated by co-defendant Stephens. Defendant Schneider avers
said co-defendant is not an indispensable and necessary party to this litigation.
5. This action is one over which this Court has original jurisdiction under the
provision of 28 U.S.C. §1332 and is one which may be removed to this Court by
defendant pursuant to the provisions of 28 U.S.C. §1441, et seq.
n
6. This notice is filed with this Court within the time for removal set forth in
28 U.S.C. §1446, inasmuch as 30 days have not passed since the receipt by
defendant of a copy of the initial pleading (Complaint) setting forth the claim for
relief upon which this action is based.
7. Written notice of the filing of this Notice will be given to all adverse
parties as required by law.
8. A copy of said notice will be filed with the Prothonotary of the Court of
Common Pleas of Cumberland County.
9. There is filed herewith a copy of all process, pleadings and orders served
upon defendant in this action.
WHEREFORE, Defendant respectfully requests that this action be removed
from the Court of Common Pleas of Cumberland County, Pennsylvania to the U.S.
District Court for the Middle District of Pennsylvania.
JACK EMAS & ASSOCIATES
BY: M1, t h U. fYn4 ?
MARK D. MAZZA
n
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, Husband and Wife,
Plaintiffs
Vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99.5621
CIVIL ACTION . LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND AND CLAIM RIGHTS
'RANEEL. @ARE 1
AOSOCIATEf
,"ORNETE AT LAW
NCST RING sTR{cT
. 190INSTWANIA 914
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 notice and pleading 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 pleading 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.
Court Administrator of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
n
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RANKEL.@ARE•
ASSOCIATES
•TOR..ET{ AT "IN
ACS AIN*STREET
RE\\f TIVAN,A 11401
BEVERLY ROCKWELL AND GARY
ROCKWELL, Husband and Wife,
Plaintiffs
Vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea
defenderse de las quejas expuestas an las paginas siguientes, debe tomar
accion dentro de veinte (20) dias a partir de la fecha an qua recibio la
demands y all aviso. Listed debe presenter comparecencia escrita an persona
o por abogado y presenter an la Corte por escrito sus defenses o sus
objeciones a las demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y
la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier
dinero reclamado an Is demanda o por cualquier otra queja o compensacion
reclamedos por el Demandante. Listed puede perder dinero, o propiedades u
otros derechos importantes pars usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
LISTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA
OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
Court Administrator of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
l1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
i11ANUL BARE B
ASSOCIATES
ATTGRw[V[ AT LAW
14 T,[[T R1N0 STRCCT
CON P[kk$TLV"'^ 174C
BEVERLY ROCKWELL AND GARY
ROCKWELL, Husband and Wife,
Plaintiffs
vs.
NO. 99.5621
CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
AND NOW, this 1st day of December, 1999, comes the Plaintiffs,
Gary and Beverly Rockwell, through and by their attorneys, FRANKEL,
BARE & ASSOCIATES, Darryl W. Cunningham, Esquire, and files this
Complaint, whereof the following is a statement:
1.
The Plaintiffs, Gary and Beverly Rockwell, (hereinafter jointly called
Plaintiffs) are adult citizens of the Commonwealth of Pennsylvania currently
residing at 1120 Newville Road, Carlisle, Cumberland County, Pennsylvania
17013.
2.
The Defendant, Schneider National Carriers, (hereinafter called
Defendant Schneider) is a corporation with its principal place of business at
4800 S. Central Avenue, Suite D, Chicago, Illinois 60638.
3.
The Defendant, Joseph R. Smith, (hereinafter called Defendant
Smith) is an adult individual residing at 51 Doten Avenue, Saratoga Springs,
New York 12866.
?l
4.
The Defendant, Wendy Stephens, (hereinafter called Defendant
Stevens) is an adult individual residing at 30 Spring Garden Street, Ext.,
Carlisle, Pennsylvania 17013. 5
The facts and occurrences hereinafter related tookalac Harrisburg
November bout
14, 1999 at approximately 1:10 p.
wnship
Pike, in or around its intersection with Cook Drive, Middlesex To,
Cumberland County, Pennsylvania.
6.
At all times relevant hereto, Plaintiff Beverly Rockwell was a
passenger in a 1985 Buick Regal, bearing Pennsylvania plate LTX645,
which, at all times relevant hereto, was owned and operated by Defendant
?RANKEL. BARE a
ASSOCIATES
NTTORNETS AT Nw
Y WEST KING STREE
.OH ?CN"SVLv^NJA 47
Stevens.
7.
was the operator of a
At all times relevant hereto, Defendant Smith
Schneider and
1993 International tractor trailer truck owned by Pendant
bearing Illinois registration number P445893.
8.
At all times relevant hereto, Defendant Smith was in the course of his
employment with Defendant Schneider and acting on behalf Defendant
Schneider and in furtherance of its business and economic benefit.
h and
The said damages, as described hereafter, are heoutside
demanded,
reby de.
authority of mandatory arbitration and a jury 10, trial is
COUNT 1 - NEGLIGENCE
a erl Roakvietl w We v Steuhene
10.
Paragraphs one (1) through nine (9) are incorporated by reference as if
set forth fully hereunder.
it.
Defendant Stephens was travelling north on SR011/Harrisburg Pike.
12.
Defendant Stephens slammed on her brakes to quickly stop for a red
traffic si nal.
13.
Defendant Stephens was able to bring her vehicle to a complete stop
at the traffic signal.
14.
Defendant Smith was followin approximatel one hundred feet
behi Defendant Stephens.
-?" 15.
Defendant Smith was unable to bring his tractor-trailer to a stop in
time to avoid colliding with the Stephens vehicle.
16.
Said accident was directly and proximately caused by the negligence,
carelessness, and recklessness of Defendant Stephens which consisted of,
but was not limited to, the following:
FRANKEL BARER fo the ASSOCIATES
AT„RKET.ATLAW a) Driving said vehicle in violation dofr75 Pa.CrS.A. §a 3714;
,• WEST RIMS STREET persons or property pAA .ER-5.6+AR • TAC, b) Failing to have her vehicle under proper control so as not to
create a hazard to other vehicle on the roadway;
c) Failing to keep a proper lookout for other vehicles lawfully on
the road; and,
I I )
d) Failing to operate said vehicle with due regard for the highway
and traffic conditions which were existing and of which she
to
road conditions around her.
was rv or should traffic a signalsnand aware,
observing ng
17.
As a direct and proximate result of Defendant Stephen's negligence,
carelessness, and recklessness, Plaintiff sustained personal injuries resultingn
in serious impairment of bodily function and has suffered, is suffering. and I
serious and severe mental and
the future will continue to suffer permanent,
bodily injuries which include, but are not limited to, the following: ht should a) Pain, limited motion and limited use of the rig sisal pane ,
and
thoracic and subscapular area resulting in p Y
suffering;
b) Mental anguish;
C) Discomfort;
d) Inconvenience;
e) Distress;
f) Loss of life's pleasures;
g) Embarrassment and humiliation; and
h) An impairment of health and sense of well being.
18.
/IIAMREL SAME a As a direct and proximate result of Defendant Stephen's negland in the
ASSOCIATES
ATTCDYCYS AT LAw carelessness, and recklessness, Plaintiff has suffered, is suffering,
but are not
was, {IMO STREET
u
oAA ???•??••""" uffer financial injuries which include,
future will continue to s
limited to, the following: -dical expenses a) Past, present, and futurelicable legal P muss and which have or may
in the future exceed app
rl
b)
Incidental costs resulting from dealing with said Injuries.
f9.
Said accident resulted either solely or jointly from the carelessness,
toth oer named the
recklessness, and negligence of Defendant Stephens end
or tai the
e act on
Defendants and was in no way the result of any act
part of the Plaintiffs.
WHEREFORE, Plaintiffs respectfully requests this Honorable Court to
enter judgment against the Defendant in an amount in excess of
$30,000.00, Plus costs and interest as allowed by law.
COUNT II NEGLIGENCE
BL n nocw II vs Joseph R. Smi
?RANKEL- CARES
ASSOCIATES
ATTORNEYS AT l*
,A WEST R„VG $TRE"
01
.OR,I pEMMSVLVAMIA I74
20.
Paragraphs one 0) through nine (9) are incorporated by reference as'rf
set forth fully hereunder. 21
Defendant Stephens, while travelling north on SR011IHarrisburg Pike,
slammed on her brakes to quickly stop for a red traffic signal.
22.
Defendant Smith was following approximately one hundred feet
behind Defendant Stephens. V3
bring her vehicle to a complete stop
Defendant Stephens was able to
at the traffic signal.
24.
Defendant Smith was unable to bring his tractor-trailer to a stop in
time to avoid colliding with the Stephens vehicle.
rRANREL BARE •
ASSOCIATES
ATTORNLTS AT I.AW
I, WCIT MIMO STRLET
•OR.I VLMMSYWAMIA I711
r)
25.;
While Defendant Stephens was stopped, Defendant Smith's tractor-
trailer violently slammed into the rear of Defendant Stevens car.
26.
Said accident was directly and proximately caused by the negligence,
carelessness, and recklessness of Defendant Smith which consisted of, but
was not limited to, the following:
a) Operating said motor vehicle without due regard to the rights,
safety, and position of Defendant Stephen's vehicle;
b) Failing to have said vehicle under proper control so as to
prevent the same from colliding with Defendant Stephens'
vehicle;
c) Failing to keep a proper lookout for other vehicles lawfully on
the road;
d) Failing to operate said vehicle with due regard for the highway
and traffic conditions which were then and there existing and
of which he should have been aware;
a) Failing to take evasive adequate action to avoid impacting
Defendant Stephens' vehicle,,
f) Following the Plaintiff too closely in violation of 75 Pa.C.S.A.
43310;
g) Violating 75 Pa.C.S.A. 43361 by operating said vehicle at a
speed greater than that which would have permitted him to
stop within the assured clear distance ahead of him; and,
h) Violating 75 Pa.C.S.A. 43714 by driving said vehicle in careless
disregard for the safety of persons or property.
27.
Said accident resulted solely or jointly from the carelessness,
recklessness, and negligence of Defendant Smith and the other named
(?)
n
defendants and was in no way the result of any act or failure to act on the
part of the Plaintiffs.
28.
As a direct and proximate result of Defendant Smith's negligence,
carelessness, and recklessness, Plaintiff has sustained personal injuries
resulting in serious impairment of bodily function which include, but are not
limited to, the following:
a) Pain, limited motion and limited use of the right shoulder,
thoracic and subscapular area resulting in physical pain and
suffering;
b) Mental anguish;
c) Discomfort;
d) Inconvenience;
e) Distress;
f) Loss of life's pleasures;
g) Embarrassment and humiliation; and
h) An impairment of health and sense of well being.
FRANKEL BARE 6
ASSOCIATES
ATTOtiEVS AT "W
14 WES'AINO STREET
IOM RM61p,AM1A 17.01
29.
As a direct and proximate result of the Defendant's negligence,
carelessness, and recklessness, Plaintiff has suffered, is suffering, and in the
future will continue to suffer financial injuries which include, but are not
limited to, the following:
a) Past, present, and future medical expenses which have or may
in the future exceed applicable legal limits, and
b) Incidental costs resulting from dealing with said injuries.
n
n
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter judgment against-the Defendant and in favor of the
costs and interest 82 allowed by law.
amount in excess of !30,000.00, Plus
rnr rr? 111 - NEGLIGENCE
I R e/ s chnetder NetlonalS,aQl4L4.
30.
Paragraphs one (1) through twenty-nine (29) are incorporated by
reference as if set forth fully hereunder.
31.
Defendant Schneider is a trucking company which provides carrier
services for hire.
32.
At the time of the collision, Defendant Smith was an employee/agent
of Defendant Schneider.
33.
At the time of the collision, Defendant Smith was acting in
furtherance of the business activities of and within the scope and duties of
his employment with Defendant Schneider.
34.
At the time of the collision, Defendant Smith operated the vehicle
owned and maintained by Defendant Schneider with its permission and
FRANKEL GAPE •
ASSOCIATES
ATORNETS AT 4w
1A MEET RO,o ETAEEI
.O AENMETwAMA 1,.
authority. ,
35.
Defendant Schneider is liable for the actions and omissions of
Defendant Smith under the doctrine of respondeat superior.
36.
As a direct and proximate result of the actions and/or omissions of
Defendant Schneider, by and through its agent and employee, Defendant
Smith, Plaintiff Beverly Rockwell has sustained personal injuries resulting in
n
serious impairment of bodily function which include, but are not limited to,
the following:
right shoulder#
pain, d use of
al limited
thoracicand subscapu arirarearesultingtinaphysi al pain and
suffering;
b) Mental anguish;
c) Discomfort;
d) Inconvenience;
a) Distress;
f) Loss of life's pleasures;
g) Embarrassment and humiliation; and
h) An impairment of health and sense of well being.
FRANKEL. SAME •
ASSOCIATES
AnoMMEVS AT LAW
IA WEST M,MG STMEET
•OMM p&MM{VLV4MIA ITA
37.
As a direct and proximate result of the actions and/or omissions of
Defendant Schneider, by and through its agents and employees, Plaintiff
Beverly Rockwell has suffered, is suffering, and in the future will continue to
suffer financial injuries which include, but are not limited to, the following:
a) Past, present, and future medical expenses which have or may
in the future exceed applicable legal limits; and
b) Incidental costs resulting from dealing with said injuries.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to
enter judgment against the Defendant and in favor of the Plaintiff in an
amount in excess of $30,000.00, plus costs and interest as allowed by law.
n n
?ntrnlT IV LOSS OF rONSORTIUM
Gary Rockwell vs Wendv ens
38.
Paragraphs one (1) through thirty-seven (37) are incorporated by
reference as if set forth fully hereunder.
39.
As a result of the negligence of Defendant Stephens, as more fully
described in the preceding paragraphs, Plaintiff Gary Rockwell has sustained
a loss of his wife's comfort, society, aid, consortium, and services.
WHEREFORE, Plaintiffs respectfully request this Honorable Court tO
enter judgment against Defendant Stephens in an amount in excess of
$30,000.00 plus costs and interest as allowed by law.
COUNT d LOSS OF CONSORTIUM
GG Rom Joseph R Smith
40.
Paragraphs one (1) through thirty-nine (39) are incorporated by
FRANKEL BARE •
ABSOCIAT[t
ATTORNEYS AT LAW
IA WEST KING STREET
OAK AENNSVLVAN1A I?"
reference as if set forth fully hereunder.
41.
As a result of the negligence of Defendant Smith, as more fully
described in the preceding paragraphs, Plaintiff Gary Rockwell has sustained
a loss of his wife's comfort, society, aid, consortium, and services.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to
enter judgment against Defendant Smith in an amount in excess of
830,000.00 plus costs and interest as allowed by law.
COUNT VI - LOSS OF CONSORTIUM
GGeOLRockw?chneider National Carriers
42.
Paragraphs one (1) through forty-one (41) are incorporated by
reference as if set forth fully hereunder.
43.
As a result of the negligence of Defendant Schneider, as more fully
described in the preceding paragraphs, Plaintiff Gary Rockwell has sustained
a loss of his wife's comfort, society, aid, consortium, and services.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to
enter judgment against Defendant Schneider in an amount in excess of
$30,000.00 plus costs and interest as allowed by law.
Respectfully submitted,
FRANKEL, BARES
ASSOCIATES
AnORNEVS AT LAW
•, w[ST KING STRICT
JRt 1INNSTITANIAII1C
Date: December 1, 1999
Court I.D. No. 533Dtf'-
Attorney for Plaintiff
14 West King Street
P.O. Box 1389
York, PA 17405.1389
(717) 854-3838
FRANKEL, BARE & ASSOCIATES
r`?1
VERIFICATION
1 verify that the statements made in this C014PLAINT
are based upon information which has
FRANNEL DANE S
ASSOCIATED
AROENETS AT LAW
IA WEST[INO STSEET
-0, 'ENASTWANIA17401
been furnished to counsel by me and information which has been gathered by
counsel in the preparation of this lawsuit. The language is that of counsel and
not my own. To the extent that the contents are based upon information which
1 have given to counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the contents are that of counsel, I
have relied upon my counsel in making this verification. I understand that false
statements herein are made subject to penalties of 18 PA C.S. §4904, relating
to unsworn falsification to authorities.
12Date fck:cA.C.G?
Beverly ckwell
n
12/1/99 4GaM /Date weII
r)
(1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EVERLY ROCKWELL AND GARY NO. 99.6621
OCKWELL, as Husband and Wife,
Plaintiffs
Vs. CIVIL ACTION - LAW
iCHNEIDER NATIONAL CARRIERS
IOSEPH R. SMITH, and
NENDY STEPHENS
Defendants JURY TRIAL DEMANDED
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Complaint upon the counsel of record in the
following manner.
Rv REGULAR MAIL
Mark D Mazza, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
FRANKEL, BARE & ASSOCIATES
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
F
FRANK[L OARC? Date: December 1, 1999
ASSOC?AT[t
Arran"M AT 114W
L w[{T AMID RM[[T
•OAM F[NN[,IYANIA ITAO'
I.D. # 53306 1?
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405.1389
(717) 654.3836
5L a I
99-
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BEVERLY ROCKWELL and
GARY ROCKWELL,
Husband and Wife,
Plaintiffs
V.
SCHNEIDER NATIONAL CARRIERS,
INC., JOSEPH R. SMITH, and
WENDYSTEPHENS,
Defendants
CIVIL ACTION NO.1:CV-99-2148
FILED
HARRISBURG, PA
FEB 2 9 2000
ORDER PeMARY E. D EA, CLERK
r
0 ty Clerk
AND NOW, this-day of gG2000, upon consideration of tiffs'
motion to remand and Defendant Schneider National Carriers' opposition thereto, and it
appearing that the Court lacks subject matter jurisdiction over this matter, IT IS ORDERED
THAT:
(1) Plaintiffs' motion to remand is GRANTED.
(2) This case is remanded to the Cumberland County Court of Common Pleas of the
Commonwealth of Pennsylvania.
(3) A certified copy of this Order shall be mailed by the Clerk of the Court to the
Clerk of the Cumberland County Court of Common Pleas of the Commonwealth
of Pennsylvania.
(4) The case management conference schedulkd on March3, 2000, is
CANCELED.
-United States District Judge
gar f., ,l'"
DDpsty ?lartc
1
- G
Q
S. N L
ftrI ?
O U
TERMED HBG
U.S. District Court REMAND
Middle District of Pennsylvania (Harrisburg)
CIVIL DOCKET FOR CASE #: 99-CV-2148
Rockwell, et al v. Schnedier National C, et al Filed: 12/14/99
Assigned to: Judge Yvette Kane Jury demand: Defendant
Demand: $75,000 42041 Nature of Suit: 350
Lead Docket: None Jurisdiction: Diversity
Dkt # in Cumberland County : is 99-5621
Cause: 28:1332 Diversity-Personal Injury
BEVERLY ROCKWELL
plaintiff
GARY ROCKWELL
plaintiff
v
SCHNEDIER NATIONAL CARRIERS,
INC.
defendant
JOSEPH R. SMITH
defendant
WENDY STEPHENS
defendant
Docket as of March 1, 2000 9:12 am
Darryl W. Cunningham
[COR LD NTC]
14 W. King St.
York, PA 17401
717-854-3836
Darryl W. Cunningham
(See above)
[COR LD NTC]
Mark D. Mazza
[COR LD NTC]
Jack Emas & Associates
3130 Center Square West
1500 Market Street
Philadelphia, PA 19102
215-972-8065
Mark D. Mazza ?Yf?flidfr r000Cd
(See above)
[COR LD NTC] Dtlo
Mory E. ['Andrea, Clak
Mark D. Mazza
(See above) De U!y Cled
ItA
[COR LD NTC]
Stephen L. Banko, Jr.
[COR LD NTC]
Sadowski, Banko, Kroll,
Kronthal and Baker
101 Pine Street
Page 1
.1 '-a
Proceedings include all events.
1:99cv2148 Rockwell, et al v. Schnedier National C, et al
P.O. Box 932
Harrisburg, PA 17108-0932
WENDY STEPHENS Mark D. Mazza
cross-claimant [COR LD NTC]
Jack Emas & Associates
3130 Center Square West
1500 Market Street
Philadelphia, PA 19102
215-972-8065
Stephen L. Banko, Jr.
[COR LD NTC]
Badowski, Banko, Kroll,
Kronthal and Baker
101 Pine Street
P.O. Box 932
Harrisburg, PA 17108-0932
SCHNEDIER NATIONAL CARRIERS, Mark D. Mazza
INC. (See above)
cross-defendant [COR LD NTC]
JOSEPH R. SMITH Mark D. Mazza
cross-defendant (See above)
[COR LD NTC]
TERMED
REMAND
HBG
Docket as of March 1, 2000 9:12 am Page 2
Proceedings include all events.
1:99cv2148 TERMED
Rockwell, et al v. Schnedier National C
et al
,
HBG
12/14/99 1 NOTICE OF PETITION FOR REMOVAL from Cumberland County Court
Case Numb
er: 99-5621 Receipt #333 78159 Amount: $150.00
(kn) [Entry date 12/15/991 [Edit date 12/28/99]
12/14/99 -- REMARK - Case file to HBG. (kn) [Entry date 12/15/99]
12/17/99 2 LETTER from Ct to cnsl re: Case assignment and procedure.
(sc) [Entry date 12/20/991
1/7/00 3 ANSWER WITH AFFIRMATIVE DEFENSES by defendant Schnedier
National Carriers
I
,
nc.; jury demand (ao)
[Entry date 01/07/001
1/7/00 -- REMARK - Doc #3 to HBG. (ao) [Entry date 01/07/00]
1/18/00 4 MOTION (Entitled Objection to Removal to Federal Court) by
plaintiff t
o remand to the Court of Common Pleas of
Cumberland County and c of s. (jh) [Entry date 01/19/001
1/18/00 5 BRIEF by plaintiffs IN SUPPORT of motion to remand to the
Court of Common Pleas of Cumberland County and c of s.
(4-1] (jh) [Entry date 01/19/001
1/24/00 6 ANSWER to complaint and CROSSCLAIM by defendant Wendy
Stephens; against defendant Schnedier National C, defendant
Joseph R
Smith
N
.
.
o jury trial demanded. CIS. (pc)
[Entry date 01/25/00] [Edit date 01/25/001
1/25/00 7 COUNTY COURT RECORD received from Court of Common Pleas of
Cumberland County. (pm) [Entry date 01/26/00]
1/28/00 8 BRIEF (Entitled "Answer") by defendant Schnedier National C
IN OPPOSITION to motion to remand to the Court of Common
Pleas of Cumberland County [4-1] with C
ert of Service;
reply brief due 2/10/00 (ao) [Entry date 01/28/001
1/28/00 -- REMARK - Doc #8 to Judge Kane. (so) [Entry date 01/28/001
2/3/00 9 ANSWER by defendant Schnedier National Carriers
Inc
to
,
.
CROSSCLAIM of defendant Wendy Stephens (6-1]; c/s. (kn)
(Entr
dat
02/
y
e
03/001
2/3/00 -- REMARK - Doc 9 to J.Kane. (kn) [Entry date 02/03/001
2/9/00 10 ORDER by Judge Yvette Kane A scheduling conf set for 3:00
p.m. on 3/1/00. (cc: all counsel, Ct. & Ct. Dpty.) (jh)
[Entry date 02/10/001
2/25/00 11 CASE MANAGEMENT FORM returned by cnsl. Plaintiff agrees to
jurisdiction by a ma
ist
t
d
g
ra
e ju
ge. (jh)
[Entry date 02/28/001
Docket as of March 1, 2000 9:12 am Page 3
Proceedings include all events.
1:99cv2148 Rockwell, et al v. Schnedier National C,
2/25/00 12 ORDER by Judge Yvette Kane - IT IS
CMC/scheduling conf is rescheduled
(cc: all counsel, court) (sc) [Ent
TERMED
et al HBG
REMAND
HEREBY ORDERED THAT the
to 2:00pm on 3/3/00
-y date 02/28/00]
2/29/00 13 ORDER - by Judge Yvette Kane: IT IS ORDERED THAT: 1. Plf.Is
mtn. to remand is granted. 2. This case is remanded to the
Cumberland County Crt. of Common Pleas of the Com. of PA.
3. A cert. copy of this order shall be mailed by the Clerk
of Crt. to the Clerk of the Cumberland Cty. Crt. of Common
Pleas of the Com. of PA. 4. The case mgmt. conf. sched. for
2 p.m. on 3/3/00 is canceled. [4-1] remanding case to
state court (cc: all counsel, Security, Cumb. Cty. Crt. of
Common Pleas, court) (am) [Entry date 03/01/001
3/1/00 -- REMARK - Case file placed in the Hbg. closed file room. (am)
[Entry date 03/01/001
3/1/00 -- REMARK - Cert. copy of docket & order to the Cumb. Cty.
Crt. of Common Pleas. (am) [Entry date 03/01/001
Docket as of March 1, 2000 9:12 am Page 4
Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
s6al
NO. I:CV-99.2448-
and
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22, defendant certifies that:
1. a notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least twenty days prior to
the date on which the subpoena is sought to be served.
2. a copy of the notice of intent including the proposed subpoena is attached
to this certificate.
3. no objection to the subpoena has been received and
4. the subpoena which will be served is identical to the subpoena which is
attached to the notice of intent to serve the subpoena.
DATED: May 22, 2000
JACK EMAS & ASSOCIATES
BY
Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Attorney for Defendants, Schneider
National Carriers, Inc.
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
No. 99-5621
and
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT
TO Pa.R.C.P. 4009.21
Defendants intend to serve a subpoena identical to that attached to this notice
on May 22, 2000 to Records Custodian of Horace Mann Insurance Company,
Capital Blue Cross/Pennsylvania Blue Shield, Alexander Spring Rehab, Inc.,
Physiotherapy Associates, Arun Kapoor, M.D. and Harrisburg Hospital.
You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned counsel any objection to the subpoena. If no
objection is made the subpoena may be served.
DATED: May 1, 2000
JACK EMAS ? ASSOC TES
BY:
JA - K EMAS
COMMONWEALT'N OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary Rockwell, h/w
v.
Schneider National Carriers, Inc. and Joseph, File No. 99-5621
R. Smith
and
Wendy J. Stephens SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
Record Custodian for Horace Mann Insurance Company
TO: 105 Leader Heights Road, Ste. 150, York PA. 17405
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered bythe court to?roduce the foloMiinp
' 'e6
documents or things: q, °
.r'
All medical records and bills pertaining to insurod: Isavorly ttoc3cwsil -
D/o/B: 9/4/62 - SS No. 228-94-1552'- Claim 'No:.662721 't*;'
at 1500 Market Street, 3130 Centre Square West Bldg., Philadelphia, PA. 19102
(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.
Supreme CourtID N 12438
Attorney For: Defendant
BY THE COURT:
Prothonotary/Clerk, Ci i vision
Date: '7r 20O6 o?^„ r
I Seal of the Court Deputy
(Eff. 7/97)
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.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary Rockwell, h/w
v.
Schneider National Carriers, inc. and Joseph: File No. 99-5621
R. Smith
and
Wendy J. Stephens SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Record Custodian for Capital Blue Cross/Pennsylvania Blue Shield
TO: 15rii Mark T q*rPP*, PhilaAPlnhia, PA 141n4
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce tiro foAowlnp
documents or things:
D/O/Bs 9/4/62 - 88 No.-: 228-94-1552 ='Clalm NC
at
(Address)
Philadelphia, PA. 19102
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together sted toith the
seek in advance the reasonable ocothe party st of preparing the copies sorr produc ng thelthi gs soughou have the right
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.
FOLLOWING PERSON:, s _
For: Defendant
BY THE CCOUR?T:. l ,
ISILjlr
? Prolhcnolery/ClGer?kCivil ision
Date: _ .2 2P oe,V Y - -
Seal ourt Deputy
(EH. 7/97)
-C
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary Rockwell, h/w
v.
Schneider National Carriers, Inc. and Joseph, File No. 99-5621
R. Smith
and
Wendy J. Stephens SUBPOENATO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Record Custodiei
TO: -24-"r?kwood-?y?1
Within twenty (20)'daY!_ 6; ,
documents or thing :
Anv and all record!
Rehab, Inc.
at 1500 Market Street 3130 Centre Square West Bldg., Philadelphia, PA. 19102
(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.
Attorney For: Defendant
BY THE COURT:
Prothcnotary/Clerk, Civ ivisicn
Date:
Seal of the Court ( Deputy
(Eff. 7/97)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary Rockwell, h/w
V.
Schneider National Carriers, inc. and Joseph.
R. Smith File No. 99-5621
and
Wendy J. Stephens SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
TO: Record Custodian for Physiotherapy Associates/WS
-too
Within twenty (20) days after service of this
documents or things:
at 1500 Market Street 3130 Centre Square West Bldg., Philadelphia, PA 19102
(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.
Date:
By THE COURT:
Prothcnotary/Clerk, Ci ision
Seal of the Court Depu
(Eft. 7/97)
(Name of Person or Entity) , ,,, . .
AnorneyFor: uetencant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary Rockwell, h/w
v.
Schneider National Carriers, inc. and Joseph, RIeNo. 99-5621
R. Smith
and
Wendy J. Stephens SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Record Custodian for Physiotherapy Associates
TO: ti gi rc ny,',ro SuirA I, Mechinirch,trg, PA 17055
(Name of Person or Entity) ,
Within twenty (20) days after service of this subpoena, you are ordered by the court to x p+
documents or things: . _l1
Ss No.'s 228-94-1552
at 3500 Market Street, 3130 Centre Square West Bldg., Philadelphia, PA. 19102
(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.
BY THE COURT:
L
Prothcnotary/Clerk, Civil so -
Date:
Seal of the Court Deputy
(Eff. 7/97)
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.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary Rockwell, h/w
v.
Schneider National Carriers, inc. and Joseph.
R. Smith File No. 99-5521
and
Wendy J. Stephens SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
Record Custodian for Arun Kapoor, M.D.
TO: 122 S Filhar}"y mnnhanirchnrq. PA- 17055
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court
documents or things: v;.
Urn
at 1500 Market Street. 3130 Centre Square West Bldg., Philadelphia, PA. 19102
(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.
BY THE COURT:
Prothonotary/Clerk, Civi ision
Date:
Seal of the Court Deputy
(EN. 7/97)
It 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.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary Rockwell, h/w
v.
Schneider National Carriers, Inc. and Joseph: File No. 99-5621
R. Smith and
Wendy J. Stephens SUBPOENATO PRODUCE DOCUMENTS ORTHINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Record Custodian for Harrisburg Hospital
TO:
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Any and all records pertaining to Beverly Rockwell - D/O/B: 9/4/62 --
SS No.: 228-94-1552
Philadelphia, PA. 19102
at
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
toi seek in certificate advan ce the easonable ocothe party maing this st of preparing the copies or producing the'thi gs sought. have the right
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 Jack Emas Esquire
Address: 1500 Market Street, 3130 Centre Square
West Bldg. Philadelphia, PA. 19102
Telephone: (215)972-8065 --
Supreme Court ID q 12438
Attorney For: Defendant
BY THE COURT:
nn Prothcnotary/Cler . Civ' sion
Date: a27 nail ?DepS'"uty
Seal of the Court
(EH. 7/97)
n.
` ?_ .
r
"
i?' ?'?
i! ? ,
?•'?
?.,
L_I.
- ? I
?._
li ?. ?
?-I 41 ?J
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-05621 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BEVERLY ROCKWELL ET AL
VS.
SCHNEIDER NATIONAL CARRIERS
R. Thomas Kline Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according to law,
served the within named DEFENDANT, SMITH JOSEPH R
by United States Certified Mail postage prepaid, on the 16th day of
September 1999 , at 8:00 HOURS, at 51 DOTEN AVENUE
SARATOGA SPRINGS, NY 12866
a true and attested copy of the attached WRIT OF SUMMONS
The returned receipt card was signed by
on 0/00/0000.
Additional Comments:
ITEM RETURNED TO SHERIFF'S DEPARTMENT ON 10/7/99, UNOPENED AND
UNCLAIMED.
Sheriff's Costs:
Docketing
Cert. Maa.l
Affidavit
Surcharge
So
6.00
2.99
.00
8.00 l R
10/07/1
Sworn ar subscribed to efore me fxj -Dday of
191
& ASSOCIATES
r ono
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05621 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BEVERLY ROCKWELL ET AL
VS.
SCHNEIDER NATIONAL CARRIERS
BRIAN BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS was served
upon STEPHENS WENDY the
defendant, at 20:21 HOURS, on the 23rd day of September
1999 at 30 SPRING GARDEN ESTATE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to WENDY J. STEPHENS
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 13.100
S rvice
A fidavit .00
Surcharge 8.00 $ R
$2.Y. eri
-lU 07/1399 E &??CIATES
by
t
euy5eri
Sworn and subscribed to before me
this 7'- day of
19 99 A.D.
r
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-05621 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BEVERLY ROCKWELL ET AL
VS.
SCHNEIDER NATIONAL CARRIERS
R. Thomas Kline , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according to law,
served the within named DEFENDANT, SCHNEIDER NATIONAL CARRIERS
by United States Certified mail postage prepaid, on the 16th day of
September 1999, at 8:00 HOURS, at 4800 S CENTRAL AVENUE SUITE D
CHICAGO, IL 60638
a true and attested copy of the attached WRIT OF SUMMONS
The returned receipt card was signed by SIGNATURE IS ILLEGIBLE
on 9/20/1999.
Sheriff's Costs:
Docketing
Cert Mail
Affidavit
Surcharge
So
6.00
2.99
.00
8.00 K
fo$c
-10 K7 L, 199
Sworn and subscribed to before me
this '/= day of
19 Q!j
?l •.a. ?hO? Y"`?.i
& ASSOCIATES
Z 013 337 971
CUMBERLAND
The Sheriff '
Ouse Square
itsylvania 17013
..,D -. RERrcEO
A 4 4rrdleDER?• 1 Q r
MIE AS ADDRESSED `
" DR,vtv0._
'-''ADADDRfSS .
NO ORDER
% _'4eTrn1•e.A-? i;5b3;.i!
Joseph R. Smith
51 Doren Ave
Saratoga S •ngs, NY 6
A.s. POSTAGE
rT, .
9y
aNpA
qq??
? 4 •'ry\
.w ru yBFR
"+'o `DeEy3'
99
-5621 citr
m ?
SENDER:
O
H
•
Complete items I anNOr2 for aUdmm?ay sorv¢es
• Complote items D, 4a
and 40 _
I also wish to receive the
,
.
• Print your namo and address on the roversu of Itus form su that wo can meur
wrd to you
l
o
services (for an
n this
• AeaCh Ihls loan Io the front of the mailnix e, or on the back it space does not
• pa rmit.
•Wum R l
e%
fee):
1.11 Addressees Add
=
arerpf Repuesfetl'on the mailpiq;o hetow the edlde num0or
• Thee Retur Return Receipt will show to -hem the anmle wa
d
deliver
d
b ress
2.0 R051lICIOd DBIIVe
o
s
.
e
e
vorea and Ibe One ry
3. Article Addressed to: Consult postmaster for fee. ;
6
Schneider National Carrier
E Inc.
4800 S. Central Ave, Ste D
Chicago, I1 60638
S. ReceivedB (Print Name)
._ .mnuer
z 013 337 970
c
4b. Service Type
11 Registered
o
Express Mail 1Certilied
? Insured x
c
11 Return Receipt for Merchandise ? COD E
7. Data of Dolive
9. Addressee- (Only a requested
and fee rs paid) c
tR
F
Form 3 N December 199n 1111.
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-05621 P,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BEVERLY ROCKWELL ET AL
VS.
SCHNEIDER NATIONAL CARRIERS
R. Thomas Kline Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,SMITH JOSEPH R ,
by United States Certified Mail postage
prepaid, on the 7th day of December 1999 at 0008:00 HOURS, at
4800 SOUTH CENTRAL AVE SUITE D
CHICAGO, IL 60638 a true
and attested copy of the attached WRIT OF SUMMONS (REISSUED. Together
with
receipt card was signed by
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Additional Comments:
ITEM RETURNED UNCLAIMED NOT KNOWN UNOPENED ON 1/4/2000
Additional Comments .
Sheriff's Costs:
Docketing 18.00
CERT MAIL 3.65
Affidavit .00
Surcharge 8.00
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Sheriff of Cumberland County
on 01/04/2000
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Commonwealth of Pennsylvania
County of Cumberland
Beverly Rockwell and Gary
Rockwell, as husband and wife
vs
Schneider National Carriers, Inc.
4800 S. Central Ave., Ste. D
Chicago IL 60638
Joseph R. Smith
51 Doten Ave.
Saratoga Springs NY 12866
Wendy J. Stephens
30 Spring GArden Est.
Carlisle PA 17013
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Court of Common Pleas
No. ---------- 19
In -----------------
Schneider National Carriers, Inc., Joseph R. Smith and
To ___wendy_ J__Stephens:-________-_
You are hereby notified that
------- Heuer-ly _&_Gar3t_Rockwall,--as-husband-and-.wiZe--------------------------
the Plaintiffs haVecommenced an action in ----_ Summons - Civil Action - Law
against you which you arc required to defend or a default judgment may be entered against you.
(SEAL)
CURTIS R. LONG
-------------------------------------------------
Proth no ry
September 14, 99
------------- ------ - -- 19.--- By -- =-
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, Husband and Wife,
Plaintiffs
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' RESPONSE TO AFFIRMATIVE DEFENSES
AND CROSSCLAIM OF DEFENDANT. WENDY J STEPHENS
AND NOW, this 25th day of January, 2000, comes the Plaintiffs, by
and through their attorney and files their Answer to Affirmative Defenses
and Crossclaim of Defendant Stephens, the following being a statement:
44.
This is a paragraph of incorporation to which no response is required.
To the extent a response is required, Paragraphs one (1) through forty-three
(43) of the Complaint are incorporated herein by reference as if set fully
hereunder.
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
IA WEST KING STREET
)RK. PENNSYLVANIA ITAOI 45.
Denied. This is a conclusion of law to which no response is required.
To the extent a response may be required, it is denied that the Plaintiffs'
Complaint for non-economic damages is limited by their tort selection. Strict
proof to the contrary is demanded.
-I
46.
Denied. This is a conclusion of law to which no response is required.
Strict proof to the contrary is demanded.
47.
Denied. This is a conclusion of law to which no response is required.
To the extent a response may be required, it is denied that Plaintiffs' claim is
in any fashion limited by the applicable statute of limitations.
WHEREFORE, Plaintiffs pray this honorable Court grant judgment in
their favor and against the answering Defendant and all other named
Defendants and all other relief deemed appropriate.
CROSSCLAIM
FRANKEL. BARE&
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
>RK. PENNSYLVANIA 17901
48.
This is a paragraph of incorporation to which no response is required.
To the extent a response is required, Paragraphs one (1) through forty-three
(43) of the Complaint are incorporated herein by reference as if set fully
hereunder.
49.-50.
The allegations contained in these paragraphs are directed to parties
other than the answering Plaintiff. Accordingly, and upon advice of counsel,
no answer on the part of Plaintiffs is required.
WHEREFORE, Plaintiffs pray this honorable Court grant judgment in
their favor and against the answering Defendant and all other named
Defendants and all other relief deemed appropriate.
Respectfully submitted,
FRANKEL, BARE &
Date: January 26, 2000
Court I.D. No. 53306
Attorney for Plaintiff
14 West King Street
P.O. Box 1389
York, PA 17405-1389
(717) 854-3836
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
16 WEST KING STREET
DRK PENNSYLVANIA 17401
VERIFICATION
I verify that the statements made in this Response to Affirmative Def-
FRANKEL, BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
MK. PENNSYLVANIA 17401
erases and Crossclaim
are based upon information which has
been furnished to counsel by me and information which has been gathered by
counsel in the preparation of this lawsuit. The language is that of counsel and
not my own. To the extent that the contents are based upon information which
I have given to counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the contents are that of counsel, I
have relied upon my counsel in making this verification. I understand that false
statements herein are made subject to penalties of 18 PA C.S. §4904, relating
to unsworn falsification to authorities.
to
1/25/00
Date
?.?,-t,,,C, lC D G
Beverly ockwell
Gar ockwell
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY NO. 99-5621
ROCKWELL, as Husband and Wife,
Plaintiffs
VS. CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing PLAINTIFFS' RESPONSE TO AFFIRMATIVE
DEFENSES AND CROSSCLAIM OF DEFENDANT. WENDY J STEPHENS upon
the counsel of record in the following manner.
BY REGULAR MAIL:
Mark D Mazza, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
FRANKEL. BARE &
ASSOCIATES Date: January 26, 2000
ATTORNEYS AT LAW
14 WEST KING STREET
IRK. PENNSYLVANIA 1740,
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
FRANKEL, BARE & ASSOCIATES
Darryl W,1 Cunninbm!r ,
I.D. # 53306 t -
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY NO. 99.5621
ROCKWELL, as Husband and Wife,
Plaintiffs
VS.
CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
PRAECIPE TO REISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please re-issue the Writ of Summons in the above-captioned case.
Respectfully submitted,
Date: March 1, 2000
Supreme Ct. I.D. No.'
Attorney for Plaintiffs
14 W. King Street
PO Box 1389
York PA 17405-1389
717-854-3836
FRANKEL. BARE S
ASSOCIATES ¦ • x s M
ATTORNEYS AT LAW
14 WEST KING STREET
YORK PENNSYLVANIA I740,
FRANKEL, BARE & ASSOCIATES
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Y ROCKWELL AND GARY
ELL, as Husband and Wife,
Plaintiffs
VS.
NEIDER NATIONAL CARRIERS
-PH R. SMITH, and
IDY STEPHENS
Defendants
CIVIL ACTION - LAW
NO. 99-5621
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Jerome J. Levans, Paralegal for Darryl W. Cunningham, Esquire, of the law
of FRANKEL, BARE & ASSOCIATES, attorneys for Plaintiffs, do hereby certify that
am this day serving a copy of the foregoing Plaintiffs' Response to Affirmative
IDefensos of Defendant, Schneider National Carriers upon the counsel of record in the
following manner.
BY REGULAR MAIL:
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK PCNNSYLVANIA 174011
Mark D Mazza, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
Date: March 20, 2000
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
FRANKEL, BARE & ASSOCIATES
I.DI q
J.
, Esquire
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY NO. 99-5621
ROCKWELL, Husband and Wife,
Plaintiffs
VS. CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
PLAINTIFFS' RESPONSE TO AFFIRMATIVE DEFENSES
OF DEFENDANT, SCHNEIDER NATIONAL CARRIERS
AND NOW, this 20th day of March, 2000, comes the Plaintiffs, by and
through their attorney and file their Answer to the Affirmative Defenses of Defendant
Schneider National Carrier, the following being a statement:
First Affirmative Defense
Denied. This is a conclusion of law to which no response is required. To the
extent a response may be required, it is denied that the Plaintiffs' claims are barred or
limited by the Pennsylvania Comparative Negligence Act. Strict proof to the contrary
is demanded.
Second Affirmative Defense
Denied. This is a conclusion of law to which no response is required. To the
FRANKEL. BARE & 11 extent a response may be required, it is denied that the Plaintiffs' cause of action is
ASSOCIATES
ATTORNEYS AT LAW barred in whole or in part by the application of the doctrine of Assumption of Risk.
14 WEST KING STREET
YORK PENNSYLVANIA 19401 Strict proof to the contrary is demanded.
Third Affirmative Defense
Denied. This is a conclusion of law to which no response is required. To the
extent a response may he required, it is denied that the Plaintiffs' Complaint is barred
by the applicable statute of limitations. Strict proof to the contrary is demanded.
Fourth Affirmative Defense
Denied. This is a conclusion of law to which no response is required. To the
extent a response may be required, it is denied that the Plaintiffs' injuries and/or
damages were caused by the conduct or lack of conduct of persons or parties over
whom the Answering Defendant had no control or right of control, except as set forth
in Plaintiffs' Complaint. Strict proof to the contrary is demanded.
Fifth Affirmative Defense
Denied. This is a conclusion of law to which no response is required. To the
extent a response may be required, it is denied that the Plaintiffs' Complaint fails to
set forth a cause of action upon which relief can be granted Strict proof to the
contrary is demanded.
Sixth Affirmative Defense
Denied. This is a conclusion of law to which no response is required. To the
extent a response may be required, it is denied that the Plaintiffs' Complaint for non-
economic damages is limited or barred by their tort selection. Strict proof to the
contrary is demanded.
Seventh Affirmative Defense
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK PENN5YLVANIA 17401
Admitted in part and denied in part. It is admitted that Plaintiff has not yet
effected service on Defendant Smith. It is denied that this entitles Defendant
Schneider to relief or that service will not be effected. Strict proof to the contrary is
demanded.
WHEREFORE, Plaintiffs pray this honorable Court grant judgment in their
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK PENNSYLVANIA 17401
favor and against the Answering Defendant and all other named Defendants and all
other relief deemed appropriate.
Date: March 20, 2000
Respectfully submitted,
FRANKEL, BARE &
Darryl W. Cdnninghan
Court I.D. No. 53306
Attorney for Plaintiff
14 West King Street
P.O. Box 1389
York, PA 17405-1389
(717) 854-3836
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
?CKWELL AND GARY
as Husband and Wife,
VS.
)ER NATIONAL CARRIERS
R. SMITH, and
STEPHENS
Defendants
NO. 99.5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO REISSUE WRIT OF SUMMONS
THE PROTHONOTARY:
re-issue the Writ of Summons in the above-captioned case.
Respectfully submitted,
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK PENNSYLVANIA 17401
May 10, 2000
FRANKEL, BARE & ASSOCIA
QW'. r e e .?
Supreme Ct. I.D. No.'
Attorney for Plaintiffs
14 W. King Street
PO Box 1389
York PA 17405-1389
717-854-3836
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
:RLY ROCKWELL AND GARY NO. 99-5621
KWELL, as Husband and Wife,
Plaintiffs
Vs. CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ATES, attorneys for Plaintiffs, do hereby certify that I am this day
a copy of the foregoing PLAINTIFFS' INTERROGATORIES AND
upon the counsel of record in the
manner.
BY REGULAR MAIL:
Mark D Mazza, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
FRANKEL BARE &
ASSOCIATES Date: March 30, 2000
ATTORNEYS AT LAW
14 WEST KING STREET
YORK PENNSYLVANIA I7401
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
FRANKEL, BARE & ASSOCJATES
Darryl W.'Ounningham,
I.D. # 53306
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Mark D. Mazza
Attorney Identification No. 38637
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215)972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
TO THE PROTHONOTARY:
Kindly withdrawal my appearance on behalf of Defendants Kevin Warren and
Schneider National Carriers, Inc. in the above-entitled action.
JACK EMAS & ASSOCIATES
MARK D. MAZZA, ESQU
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendants Kevin Warren and Schneider
National Carriers, Inc. in the above-entitled action.
JACK EMAS & ASSOCIA
BY:
VfAS, ESQUIRE
12438
BY:
DALE Q. BETTY,
I.D. Not 08609
BY:
KEVIN "UINN, ESQUIRE
DATED: 3/27/00 I.D. No. 56560
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION
LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing PLAINTIFFS' RESPONSE TO DEFENDANT'S
upon the counsel of record in the following manner.
BY REGULAR MAIL:
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK PENNSYLVANIA 17401
Jack Emaus, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
FRANKEL. BARE & ASSOCIATES
Date: April 14, 2000
I.D. # 53306
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
5(021
NO. 1:CV-99-2448-
and
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22, defendant certifies that:
1. a notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least twenty days prior to
the date on which the subpoena is sought to be served.
2. a copy of the notice of intent including the proposed subpoena is attached
to this certificate.
3. no objection to the subpoena has been received and
4. the subpoena which will be served is identical to the subpoena which is
attached to the notice of intent to serve the subpoena.
DATED: May 2, 2000
JACK EMAS & ASSOCIATES
BY:
J S
Jack Emas & Associates
ATTORNEYS AT LAW
"By: Mark D. Mazza
Attorney Identification No. 38637
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
and
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 99-5621
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT
TO Pa.R.C.P.4009.21
Defendants intend to serve a subpoena identical to that attached to this notice
on May 8, 2000 to Records Custodian of State Farm Insurance Company.
You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned counsel any objection to the subpoena. If no
objection is made the subpoena may be served.
DATED: April 17, 2000
JACK ENIAS & ASSOCIATES
BY: .y
JACK EM-AS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and
Gary Rockwell, h/w
V. File No. 99-5621
Schneider National Carriers, Inc. and
Joseph R. Smith
and SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
Wendy J. Stephens FOR DISCOVERY PURSUANT TO RULE 4009.22
Road
SP-n. Box tate Far257, ew Cumberland, 1 PA. Limekiln 17070
TO:
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
P first art benefit file re: plsinLiff Beverly Fockwell
Rn 'r
D/O/B: 9/4/62 - SS No. 228-94-1552 - Claim No. 38-J413-045
at 1500 Market St 3130 Centre Square West Bldg. Philadelphia, PA. 19102
(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 Jack Emas, Esquire
Address: 1500 Market St., 3130 Centre Square
West Bld., Philadelphia, PA. 19102
Telephone: (215)972-8065
Supreme Court ID q
12438
Attorney For: Defendant
Date: ?)C2r r>o??
Seal of the Court
BY THE OURT:
-?
Prothonotary/Clerk, G wision
? n? ? Deput?EH. 7 97,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary Rockwell, h/w
v.
Schneider National Carriers, Inc. and FileNo._
Joseph R. Smith
and
Wendy J. Stephens
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Record Custodian for State Farm Insurance Company
TO: 115 TimPkiln Road P-0, Box 757 N w Cumberland. PA._ 17070
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Enr i r PTP/_fil-t par •, hnne`it `ile re: Wendy Stephens -
n/o/B: 4/19/62 - Claim No. 38-J413-045
j-rp S{?nare West Bldg.. Philadelphia. PA. 1910=
at 1 Sir 0 Market -rr'PPt 11 10 CPn
(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 Jack Emas Esquire
Address: 1500 Market St 3130 Centre Square
West Blda Philadelphia, PA. 19102
Telephone: (215)972-8065
Supreme Court ID # 12438
Attorney For: Defendant
BY THE C URT:
Prothonotary C erk, Civil Sion
Date: ---gptLz l ///Jnn a ??
eal of the Court Deputy
(Eff.7/971
99-5621
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BEVERLY ROCKWELL and IN THE COURT OF COMMON PLEAS OF
GARY ROCKWELL, h/w, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
99-5621 CIVIL
vs.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R. :
SMITH and WENDY J. : CIVIL ACTION - LAW
STEPHENS,
Defendants
IN RE: MOTION TO COMPEL
ORDER
AND NOW, this / f' day of April, 2000, a rule is issued on the defendant, Wendy J.
Stephens, to show cause why the relief requested in the above captioned matter ought not to be
granted. This rule returnable ten (10) days after service.
BY THE COURT,
Kevin . Hess, J.
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
• A,tomey Identification No. 1243E
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
APR 18 20OW
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
AND NOW, this day of
2000, upon consideration of
Defendant's Motion to Compel it is hereby ORDERED and DECREED said
Motion is GRANTED. Defendant Wendy J. Stephens shall file full and complete
answers to defendant's interrogatories within twenty (20) days of the date hereof or
risk sanctions upon application to the Court for hearing.
BY THE COURT:
J.
Darryl W. Cunningham, Esquire
14 W. King Street, P.O. Box 1389
York, PA 17405
Attorney for Plaintiff
Stephen L. Banko, Jr. Esquire
Badowski, Banko, Kroll, Krontchal and Baker
3510 Trindle Road
Camp Hill, PA 17011
Attorney for Defendant Wendy Stephens
Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R
SMITH
NO. 99-5621
and
1. Plaintiff filed the instant action as the result of a motor vehicle accident
which occurred on November 14, 1999.
2. On January 5, 2000 counsel for defendant served on co-defendant
interrogatories.
3. Counsel herein submitted correspondence dated February 21, 2000
granting an additional ten days to counsel for co-defendant to answer discovery.
See copy of letter attached.
4. On April 3, 2000 counsel herein received co-defendant's answers to
request for production of documents.
5. As of the above date neither answers nor objections have been received to
defendant's interrogatories.
6. As a result of co-defendant's failure to answer said interrogatories and
request for production of documents defendant herein will be severely impaired and
prejudiced to further investigate and evaluate this case.
WHEREFORE, Defendant requests the instant motion to compel be granted.
JACK EMAS & ASSOCIATES
BY:
JAC S
VERIFICATION
JACK EMAS, ESQUIRE states that he is the attorney for the Defendant in the above
matter; that the facts set forth in the foregoing MOTION TO COMPEL are true and
correct to the best ofhis knowledge, information and belief and that this statement is made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to
authorities.
Ci?
JACK S
Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
I hereby certify that a true and correct copy of Defendant's Motion to Compel
was served on the following counsel listed below on the 5' day of April, 2000 by
United States first class mail postage prepaid:
Darryl W. Cunningham, Esquire
14 W. King Street, P.O. Box 1389
York, PA 17405
Stephen L. Banko, Jr. Esquire
Badowski, Banko, Kroll, Krontchal and Baker
3510 Trindle Road
Camp Hill, PA 17011
JACK EMAS & ASSOCIATES
BY
ATTORNEYS AT LAW
3130 CENTRE SQUARE WEST
1500 MARKET STREET
PHILADELPHIA, PA 19102
JACK EMAS (215) 972-8065
FAX #(215)-972-8322
DALE A. BETTY
MARK D. MAZZA
KEVIN B. QUINN*
* Ado Admired in N<w Iroer
February 21, 2000
Stephen L. Banko, Jr. Esquire
Badowski, Banko, Kroll, Krontchal and Baker
3510 Trindle Road
Camp Hill. PA 17011
RE: Beverly Rockwell and Gary Rockwell v. Schneider National
Carriers, Inc., Joseph R. Smith and Wendy J. Stephens
U.S.D.C., No. 1:CV-99-2148
Oar File No 17 628(MDM)
Dear Mr. Banko:
NEW JERSEY OFFICE
112 JOHNSON ROAD
TURNERSVILLE. NJ 08012
(609) 401-0200
FAX (609)-227.1556
As you recall, I served you with discovery on or about January 5, 2000.
I have yet to receive responses and I ask that you please provide me with full and
complete answers to this outstanding discovery within the next ten days or I will have no
alternative but to file a motion.
I hope this is not necessary and 1 look forward to hearing from you on the above.
Very truly yours,
JACK EMAS & ASSOCIATES
BY:
MARK D. MAZZA
MDM/lp
cc: Daryl W. Cunningham, Esquire
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY NO. 99.5621
ROCKWELL, as Husband and Wife,
Plaintiffs
Vs. CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
RAECIPE TO REISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please re-issue the Writ of Summons in the above-captioned case.
Respectfully submitted,
FRANKEL, BARE &
Date: July 28, 2000
Supreme Ct. I.
Attorney for P
14 W. King Street
PO Box 1389
York PA 17405-1389
717-854-3836
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FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
IRK PENNSYLVANIA 17401
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
Vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm ofFRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Plaintiffs' Interrogatories and Request for
Production of Documents directed to Defendant Joseph R. Smith upon the
Defendant's counsels of record in the following manner.
BY REGULAR MAIL:
Dale A Betty, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
BARE &
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
ORK. PENNSYLVANIA 17401
Date: August 18, 2000
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
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I.D. 4 53306
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION
FRANKEL. BARE a
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
IRK PENNSYLVANIA 17401
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife;
Plaintiffs
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99.5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, I, Darryl W. Cunningham, Esquire, do hereby acknowledge that I
have effected original service of the Writ of Summons issued in this case, upon the
named Defendant Joseph R. Smith, on August 12, 2000, by service upon his
authorized agent Ruth Smith, at his place of residence. Service was performed by
United States mail, certified article number Z 055 855 703, as evidenced by the
attached return receipt card.
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Respectfully submitted,
FRANKEL, BARE & AS;
Court I.D. No. 53306
Attorney for Plaintiff
14 West King Street
P.O. Box 1389
York, PA 17405-1389
(717) 854-3836
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BEVERLY ROCKWELL & GARY IN THE COURT OF COMMON PLEAS OF
ROCKWELL, Husband and Wife,
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V : CIVIL ACTION - LAW
NO. 99-5621 CIVIL TERM
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH and WENDY
STEPHENS, JURY TRIAL DEMANDED
Defendants
IN RE: MOTION TO COMPEL ANSWERS TO PLAINTIFFS'
INTERROGATORIES AND REQUEST FOR PRODUCTION
ORDER OF COURT
AND NOW, this 31st day of August, 2000, this matter
having been called for argument, the Defendant Schneider
National Carriers, Inc., having failed to appear, it is ordered
and directed that the within motion to compel is granted, and
the defendant directed to:
1) State a response to Interrogatory No. 2(b)
2) State a response to Interrogatory No. 5, as the
answer "none" is not consistent with other responses.
3) Respond to Interrogatory No. 6, as the answer
"none" is not consistent with other responses.
4) Respond to Interrogatory No. 8 by stating why the
requested information is "not applicable".
5) State a specific response to Interrogatory No.
17(b) through (g).
6) State responses to Interrogatory Nos. 21 and 26,
and state the basis for objection to Interrogatory Nos. 28 and
29.
7) Provide a full answer to Interrogatory No. 30.
8) In Interrogatory No. 31 state why the information
sought is "not available".
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NO. 99-5621 CIVIL TERM
With regard to the plaintiffs, request for production
of documents, it is ordered and directed that the defendant:
1) Identify the remaining portions of the
investigative file not furnished to the plaintiff and the
reasons why they were not provided.
2) State a response to Request No. 3.
3) Respond to Request No. 7.
4) State a basis for the objection to Request No.
13.
5) State whether the defendant is "self-insured"
(see response to document production number five) or whether the
defendant is insured by Guardian Insurance or any other
insurance carrier (see the response to interrogatory eleven).
The above-directed responses to be served within
twenty days.
By the Court,
Darryl W. Cunningham, Esquire
For the Plaintiffs
Jack Emas, Esquire
For Defendant Schneider National Carriers
Stephen L. Banko, Jr., Esquire
For Defendant Wendy Stephens
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K7 A. Hess, J.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, Husband and Wife,
Plaintiffs
VS.
NO. 99-5621
CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
NOTICE OF PRAECIPE TO
ENTER DEFAULT JUDGMENT
TO: Joseph R. Smith
51 Doten Avenue and c/o: Dale A. Betty, Esquire
Saratoga Springs NY 12866 Jack Emas and Associates
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
DATE OF NOTICE: October 24, 2000
IMPORTANT NOTICE
FRANKEL. BARE Be
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
IRK PENNSYLVANIA I7401
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THIS
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE AS SET FORTH ABOVE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service of the York County Bar Association
137 East Market Street
York, Pennsylvania 17401
Telephone (717) 854-8755
ANKEL, BARE & AS IATES\
arry nning a s e
I.D. H 53306
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY NO. 99-5621
ROCKWELL, Husband and Wife,
Plaintiffs
VS.
CIVIL ACTION - LAW
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants JURY TRIAL DEMANDED
CERTIFICATE OF MAILING OF NOTICE OF INTENTION
TO FILE PRAECIPE FOR DEFAULT JUDGMENT
I, Darryl W. Cunningham, Esquire, do hereby certify that on the date set forth
in the Notice of Praecipe to Enter Default Judgment, the original of said Notice was
mailed to the above named Defendant. A true and correct copy of said Notice is
attached hereto and made a part hereof.
FRANKEL, BARE &
FRANKEL BARE &
ASSOCIATES
ATTORNEYS AT LAW
IA WEST KING STREET
)RK PENNSYLVANIA 17401
Date: October 24, 2000
I.D. # 53306
Attorney for Plaintiff
14 West King Street
P.O. Box 1389
York, PA 17405-1389
(717) 854-3836
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendant, Joseph R. Smith
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
ANSWER WITH NEW MATTER OF DEFENDANT
JOSEPH R. SMITH TO PLAINTIFFS COMPLAINT
1. Denied. After reasonable investigation, answering defendant lacks
sufficient knowledge or information to form a belief as to the truth of the allegations
contained in this paragraph, therefore, same are denied.
2. As the allegations of this paragraph pertains to another defendant, no
response is required.
3. Admitted.
4. As the allegations of this paragraph pertains to another defendant, no
response is required.
5. Admitted.
6. Denied. Upon observation, it is averred the male who exited co-
defendant's vehicle in abrupt fashion may have been the operator of the vehicle.
7. Admitted.
8. Denied. The allegations of this paragraph contain conclusions of law to
which no response is required.
9. Denied. The allegations of this paragraph contain conclusions of law to
which no response is required.
10. Answering defendant incorporates herein by reference his answers to
paragraphs 1 through 9 to Plaintiff's Complaint as though same were more fully set
forth herein at length.
11-13. As the allegations of these paragraphs pertain to another defendant,
no response is required.
14. Denied. After reasonable investigation, answering defendant lacks
sufficient knowledge or information to form a belief as to the truth of the allegations
contained in this paragraph, therefore, same are denied.
15. Denied. On the contrary, said accident occurred due to negligent and
improper operation of co-defendant's vehicle. After reasonable investigation,
answering defendant lacks sufficient knowledge or information to form a belief as to
the truth of the remaining factual allegations contained in this paragraph, therefore,
same are denied. The remaining allegations are denied as conclusions of law to
which no response is required.
16. As this paragraph and its subparts pertain to another defendant, no
response is required.
17. As this paragraph and its subparts pertain to another defendant, no
response is required.
18. As this paragraph and its subparts pertain to another defendant, no
response is required.
19. As this paragraph pertains to another defendant, no response is required.
WHEREFORE, Answering defendant Joseph R. Smith requests judgment in
his favor or in the alternative that Plaintiffs Complaint be dismissed with prejudice.
20. Answering defendant incorporates herein by reference his answer to
paragraphs 1 through 19 to Plaintiffs Complaint as though same were more fully set
forth herein at length.
21. As the allegations of this paragraph pertains to another defendant, no
response is required.
22. Denied. After reasonable investigation, answering defendant lacks
sufficient knowledge or information to form a belief as to the truth of the allegations
contained in this paragraph, therefore, same are denied.
23. As the allegations of this paragraph pertains to another defendant, no
response is required.
24. Denied. On the contrary, it is averred co-defendant's vehicle stopped
abruptly, without warning, causing the accident. After reasonable investigation,
answering defendant lacks sufficient knowledge or information to form a belief as to
the truth of the remaining factual allegations contained in this paragraph, therefore,
same are denied. The remaining allegations are denied as conclusions of law to
which no response is required.
25. Denied. On the contrary, it is averred co-defendant vehicle stopped
abruptly, without warning, causing the accident. After reasonable investigation,
answering defendant lacks sufficient knowledge or information to form a belief as to
the truth of the remaining factual allegations contained in this paragraph, therefore,
same are denied. The remaining allegations are denied as conclusions of law to
which no response is required.
26. Denied. Answering defendant specifically denies all allegations of
negligence, carelessness and recklessness. On the contrary, answering defendant
acted with due care under the circumstnces. It is further averred co-defendant
vehicle stopped abruptly causing the accident. After reasonable investigation,
answering defendant lacks sufficient knowledge or information to form a belief as to
the truth of the remaining factual allegations contained in this paragraph and its
subparts, therefore, same are denied. The remaining allegations of this paragraph
and its subparts are denied as conclusions of law to which no response is required.
27. Denied. Answering defendant specifically denies all allegations of
carelessness recklessness and negligence. On the contrary, answering defendant
acted with due care under the circumstances. After reasonable investigation,
answering defendant lacks sufficient knowledge or information to form a belief as to
the truth of the remaining factual allegations contained in this paragraph, therefore,
same are denied. The remaining allegations of this paragraph are denied as
conclusions of law to which no response is required.
28. Denied. Answering defendant specifically denies all allegations of
negligence, carelessness and recklessness. On the contrary, answering defendant
acted with due care under the circumstances. Answering defendant specifically
denies there is any causal connection between the alleged actions or inactions of
answering defendant and plaintiff's alleged injuries and/or damages. On the
contrary, plaintiffs injuries and/or damages resulted from plaintiffs own acts or
omissions, or actions or inactions of persons or parties over whom answering
defendant had no control or right of control. After reasonable investigation,
answering defendant lacks sufficient knowledge or information to form a belief as to
the truth of the remaining factual allegations contained in this paragraph and it
subparts, therefore, same are denied. The remaining allegations of this paragraph
and its subparts are denied as conclusions of law to which no response is required.
29. Denied. Answering defendant specifically denies all allegations of
negligence, carelessness and recklessness. On the contrary, answering defendant
acted with due care under the circumstances. Answering defendant specifically
denies there is any causal connection between the alleged actions or inactions of
answering defendant and plaintiff's alleged injuries and/or damages. On the
contrary, plaintiff's injuries and/or damages resulted from plaintiff's own acts or
omissions, or actions or inactions of persons or parties over whom answering
defendant had no control or right of control. After reasonable investigation,
answering defendant lacks sufficient knowledge or information to form a belief as to
the truth of the remaining factual allegations contained in this paragraph and it
subparts, therefore, same are denied. The remaining allegations of this paragraph
and its subparts are denied as conclusions of law to which no response is required.
WHEREFORE, Answering defendant Joseph R. Smith requests judgment in
his favor or in the alternative that Plaintiff's Complaint be dismissed with prejudice.
30. Answering defendant incorporates herein by reference his answers to
paragraphs I through 29 to Plaintiff's Complaint as though same were more fully set
forth herein at length.
31. As the allegations of this paragraph pertain to another defendant, no
response is required.
32. Denied. Insofar as this paragraph pertains to another defendant, no
response is required. All allegations regarding agency are specifically denied, as
acts of agents and/or employees are not identified with any particularity. The
remaining allegations are denied as conclusions of law to which no response is
required.
33. Denied. Insofar as this paragraph pertains to another defendant, no
response is required. The remaining allegations are denied as conclusions of law to
which no response is required.
34. Admitted in part; denied in part. Answering defendant Smith admits
operation of the subject vehicle. After reasonable investigation, answering
defendant lacks sufficient knowledge or information to form a belief as to the truth
of the remaining factual allegations contained in this paragraph, therefore, same are
denied. The remaining allegations are denied as conclusions of law to which no
response is required.
35. Denied. Insofar as this paragraph pertains to another defendant, no
response is required. The remaining allegations are denied as conclusions of law to
which no response is required.
36. Denied. Insofar as this paragraph pertains to another defendant, no
response is required. All allegations regarding agency and employment are
specifically denied, as the acts of agents are not identified with any particularity.
Answering defendant specifically denies there is any causal connection between the
alleged actions or inactions of answering defendant and plaintiff's alleged injuries
and/or damages. On the contrary, plaintiff's injuries and/or damages resulted from
plaintiffs own acts or omissions, or actions or inactions of persons or parties over
whom answering defendant had no control or right of control. After reasonable
investigation, answering defendant lacks sufficient knowledge or information to
form a belief as to the truth of the remaining factual allegations contained in this
paragraph and it subparts, therefore, same are denied. The remaining allegations of
this paragraph and its subparts are denied as conclusions of law to which no
response is required.
37. The allegations of this paragraph and its subparts pertain to another
defendant, therefore no response is required. By way of response, all allegations are
denied as conclusions of law to which no response is required.
WHEREFORE, Answering defendant Joseph R. Smith requests judgment in
his favor or in the alternative that Plaintiffs Complaint be dismissed with prejudice. ,.
38. Answering defendant incorporates herein by reference his answers to
paragraphs 1 through 37 to Plaintiff's Complaint as though same were more fully set
forth herein at length.
39. As this paragraph pertains to another defendant, no response is required.
WHEREFORE, Answering defendant Joseph R. Smith requests judgment in
his favor or in the alternative that Plaintiff's Complaint be dismissed with prejudice.
40. Answering defendant incorporates herein by reference his answers to
paragraphs 1 through 39 to Plaintiff's Complaint as though same were more fully set
forth herein at length.
41. Denied. Answering defendant specifically denies all allegations of
negligence. On the contrary, answering defendant acted with due care under the
circumstnaces. Answering defendant specifically denies there is any causal
connection between the alleged actions or inactions of answering defendant and
plaintiffs alleged injuries and/or damages. On the contrary, plaintiff's injuries
and/or damages resulted from plaintiffs own acts or omissions, or actions or
inactions of persons or parties over whom answering defendant had no control or
right of control. After reasonable investigation, answering defendant lacks sufficient
knowledge or information to form a belief as to the truth of the remaining factual
allegations contained in this paragraph, therefore, same are denied. The remaining
allegations are denied as conclusions of law to which no response is required.
WHEREFORE, Answering defendant Joseph R. Smith requests judgment in
his favor or in the alternative that Plaintiff's Complaint be dismissed with prejudice.
42. Answering defendant incorporates herein by reference his answers to
paragraphs 1 through 41 to Plaintiff's Complaint as though same were more fully set
forth herein at length.
43. As the allegations of this paragraph pertain to another defendant, no
response is required.
WHEREFORE, Answering defendant Joseph R. Smith requests judgment in
his favor.
I . Plaintiffs'claims are barred or limited pursuant to the Pennsylvania
Comparative Negligence Act.
2. Plaintiffs'cause of action is barred in whole or in part by the application
of doctrine of assumption of risk.
3. Plaintiffs' claims are barred by the applicable statute of limitations.
4. Plaintiffs' injuries and/or damages were caused by conduct or lack of
conduct of persons or parties over whom answering defendant had no control or
right of control.
5. Plaintiffs'Complaint fails to set forth a cause of action for which relief can
be granted.
6. Plaintiffs'claims are barred due to their failure to meet the limited tort
threshold.
WHEREFORE, Answering defendant requests judgment in his favor.
CROSSCLAIM DIRECTED TO DEFENDANT
W ADY ST EPI-I M
1. If the allegations of Plaintiffs'Complaint are proven as true, said defendant
Joseph R. Smith specifically denies any liability and responsibility for same, then
defendant Wendy Stephens is solely liable to plaintiffs for any and all claims, jointly
and severally liable, or liable over to answering defendant Joseph R. Smith for
contribution and/or indemnity.
WHEREFORE, Answering defendant requests judgment in his favor, or in
the alternative that Plaintiffs' Complaint be dismissed with prejudice.
JACK EMAS & ASSOCIATES
BY:
JACK
VERIFICATION
JACK EMAS, ESQUIRE states that he is the attorney for the Defendants in the above
matter; that the facts set forth in the foregoing ANSWER WITH NEW MATTER AND
NEW MATTER CROSSCLAIM TO PLAINTIFF'S COMPLAINT 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.S. Section 4904 relating to unswom falsification
to authorities.
J CK EMAS
Ul f-)
•.D rp
i7 -. I
STEPHEN L. BANKO, JR., ESQUIRE
Pa. Supreme Court I. D. No. 41727
MARGOLIS EDELSTEIN
P.O. Box 932
Harrisburg, PA 17108-0932
3510 Trindle Road
Camp Hill, PA 17011
Telephone: (717) 975-8114 Attorney for Defendant
FAX: (717) 975-8124 Wendy J. Stephens
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL and
GARY ROCKWELL, his wife,
Plaintiffs
V.
SCHNEIDER NATIONAL CARRIERS,
INC., JOSEPH R. SMITH, and
WENDY J. STEPHENS,
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
REPLY OF DEFENDANT WENDY J STEPHENS TO
CROSSCLAIM OF DEFENDANT JOSEPH R SMITH
1. Denied. The allegations contained in this paragraph
state a legal conclusion to which no response is necessary. By
way of further answer, Defendant specifically denies that any
conduct on her part was negligent. To the extent that Plaintiff
sustained injury as a result of the motor vehicle accident set
forth in their Complaint, such injuries were directly and solely
caused by the negligent conduct of Defendant, Joseph R. Smith,
whose employer, Defendant, Schneider National Carriers, Inc., is
vicariously liable therefor.
WHEREFORE, Defendant, Wendy J. Stephens, demands judgment in
favor and against Plaintiffs and Defendants Schneider National
Carriers, Inc. and Joseph R. Smith.
MARGOLIS EDELSTEIN
Date: November 2000 By:
Stephe L. Banko, Jr.
Attorn I. No. 41727
P. O. Box 932
Harrisburg, PA 17108-0932
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114
(717) 975-8124 FAX
Counsel for Defendant,
Wendy J. Stephens
2
I hereby certify that a copy of the foregoing was served
upon counsel of record on the 7 day of November, 2000, by United
States First Class Mail, postage prepaid, addressed as follows:
Darryl W. Cunningham, Esquire
Frankel, Bare & Associates
14 West King Street
P. 0. Box 1389
York, PA 17405-1389
(Attorneys for Plaintiffs)
Jack Emas, Esquire
Jack Emas & Associates
3130 Centre Square West
1500 Market Street
Philadelphia, PA 19102
(Attorneys for Defendants Schneider and Smith)
Barbara J. Smith, Secretary
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' RESPONSE TO THE NEW MATTER
OF DEFENDANT JOSEPH SMITH
AND NOW, this 91 day of November, 2000, comes the Plaintiffs by and
through their attorneys, FRANKEL, BARE & ASSOCIATES, and file their Response
to the New Matter of Defendant Joseph Smith, the following being a statement:
1. Denied. This is a conclusion of law to which no response is
required. To the extent that a response may be required, it is denied that
Plaintiffs' claims are barred or limited pursuant to the Pennsylvania
Comparative Negligence Act. Strict proof to the contrary is demanded.
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
)RK PENNSYLVANIA I7401
2. Denied. This is a conclusion of law to which no response is
required. To the extent that a response may be required, it is denied that
Plaintiffs' claims are barred or limited by the Assumption of Risk Doctrine
or that said doctrine is applicable. Strict proof to the contrary is demanded.
3. Denied. This is a conclusion of law to which no response is
required. To the extent that a response may be required, it is denied that
Plaintiffs' claims are barred by the applicable statute of limitations. Strict
proof to the contrary is demanded.
FRANKEL, BARE 4
ASSOCIATES
ATTORNEYS AT LAW
IA WEST KING STREET
9RK PENNSYLVANIA ITAOI
4. Denied. This is a conclusion of law to which no response is
required. To the extent that a response may be required, it is denied that
Plaintiff's injuries and/or damages were caused by conduct or lack of
conduct of persons or parties over whom answering Defendant had no
control or right of control except as otherwise pleaded in Plaintiff's'
Complaint. All named Defendants are jointly and/or severally responsible
for Plaintiffs' injuries and damages. Strict proof to the contrary is
demanded, if applicable.
5. Denied. This is a conclusion of law to which no response is
required. To the extent that a response may be required, it is denied that
Plaintiffs' Complaint fails to set forth a cause of action for which relief can
be granted. Strict proof to the contrary is demanded.
6. Denied. This is a conclusion of law to which no response is
required. To the extent that a response may be required, it is denied that
Plaintiffs' claims are barred due to their failure to meet the limited tort
threshold as it is not applicable. To the contrary, Plaintiffs have full tort
coverage.
WHEREFORE, Plaintiffs pray for judgment in their favor against all
Defendants as set forth more fully in their Complaint together with costs, counsel
fees, and all other relief deemed appropriate.
CROSS-CLAIM DIRECTED TO DEFENDANT WENDY STEPHENS
1. This claim was directed to the party other than the answering party
therefore, no response is required. To the extent that a response may be
required, Plaintiffs incorporate by reference the allegations of their
Complaint.
WHEREFORE, Plaintiffs pray for judgment in their favor against all
Defendants as set forth more fully in their Complaint together with costs, counsel
fees, and all other relief deemed appropriate.
Respectfully Subm
KEL, BARE &
FRANKEL. BARE II
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
)RK PENNSYLVANIA 17401
Date: November C) , 2000
I.D. # 53306 -
Attorney for Plaintiff
14 W. King Street
York, PA 17401
(717) 854-3836
VERIFICATION
I verify that the statements made in this Answer i-n r,
.-4'°-=°°--and
FRANKEL. BARE 4
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK. PENNSYLVANIA 17401
CounterClaim are based upon information which has
been furnished to counsel by me and information which has been gathered by
counsel in the preparation of this lawsuit. The language is that of counsel and not
my own. To the extent that the contents are based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information
and belief. To the extent that the contents are that of counsel, I have relied upon
my counsel in making this verification. I understand that false statements herein
are made subject to penalties of 18 PA C.S. §4904, relating to unsworn
falsification to authorities.
11/9/00
Date
11/09/00
Date
4??C.?1?h/- Gl • ?UG?C.f...P??
Aff ant
/i
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v %itiont
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
VS.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
FRANKEL, BARE &
ASSOCIATES
ATTORNEYS AT LAW
IA WEST KING STREET
IRK PENNSYLVANIA 1740
1
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this
serving a copy of the foregoing PLAINTIFFS' RFSPnNSF rn nlFtA/ RAA
a I crnciva upon the counsel of record in the following manner.
BY REGULAR MAIL:
Dale A Betty, Esquire Stephen L Banko, Jr., Esquire
JACK EMAS & ASSOCIATES BADOWSKI, BANKO, KROSS,
3130 Centre Square West KRONTHAL AND BAKER
1500 Market Street 3510 Trindle Road
Philadelphia PA 19102 Camp Hill PA 17011
(for Schneider and Smith) (for Stephens)
Date: November c) , 2000
FRANKEL, BARE & AS$MIATES
I.D. # 53306
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
Vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Notice of Deposition of Defendant Joseph
Smith upon the counsel of record in the following manner.
BY REGULAR MAIL:
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
4 WEST KING STREET
MK PENNSYLVANIA ISAOI
Dale A Betty, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
Date: November 13, 2000
Stephen L Banko, Jr., Esquire
BADOWSKI, BANKO, KROSS,
KRONTHAL AND BAKER
3510 Trindle Road
Camp Hill PA 17011
(for Stephens)
FRANKEL, BARE &
I.D. # 53306
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 1 7405-1 38 9
(717) 854-3836
a CV C
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendant, Joseph R. Smith
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R
SMITH
NO. 99-5621
and
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22, defendants certify that:
1. a notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least twenty days prior to
the date on which the subpoena is sought to be served.
2. a copy of the notice of intent including the proposed subpoena is attached
to this certificate.
y
3. no objection to the subpoena has been received and
4. the subpoena which will be served is identical to the subpoena which is
attached to the notice of intent to serve the subpoena.
DATED: December 1, 2000
JACK EMAS & ASSOCIATES
JAC AS
Jack Emas & Associates
ATTORNEYS AT LAW
-Ey: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
and
Attomey for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 99-5621
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT
TO Pa. R.C.P. 4009.21
Defendants intend to serve a subpoena identical to that attached to this notice
on November 27 2000 to Records Custodian of Physiotherapy Associates.
You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned counsel any objection to the subpoena. If no
objection is made the subpoena may be served.
DATED: November 16, 2000
JACK F.NIA? & ASSOCIATES
13Y
JACK EMAS
C("NONWEALTH OF PENNSYLVANIA
• COUNTY OF CUMBERLAND
BEVERLY ROCKWELL AND GARY ROCKWELL
V.
File No. 99-5621
SCHNEIDER NATIONAL CARRIERS, INC. AND
JOSEPH R. SNITHSUBPOENATO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
Record Custodian - Physiotherapy Associates - 899 South Arlington Avenue
TO: ilarrisburg, PA 1?199
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
Records from January 1, 2000 to the present pertaining to Beverly Rockwell
dob: 9 6 - SS No. -
at 3130 Centre Square West Building 1500 Market Street Phila PA 19102
(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 Jack Emas, Esquire
Address: JACK EMAS & ASSOCIATES
Al IOHNEYS AT LAW
3130 CENTRE SQUARE WEST
1500 MARKET STREET 215-972-8065
Telephone: PH" ADEbPHiA, PAa42
Supreme Court ID #
Attorney For:
12438
Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date: 11127/00
Seal of the Court
Deputy
(Eft 7/97)
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STEPHEN L. BANKO, JR., ESQUIRE
Pa. Supreme Court I. D. No. 41727
MARGOLIS EDELSTEIN
P.O. Box 932
Harrisburg, PA 17108-0932
3510 Trindle Road
Camp Hill, PA 17011
Telephone: (717) 975-8114 Attorney for Defendant
FAX: (717) 975-8124 Wendy J. Stephens
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL and
GARY ROCKWELL, his wife,
Plaintiffs
V.
SCHNEIDER NATIONAL CARRIERS,
INC., JOSEPH R. SMITH, and
WENDY J. STEPHENS,
Defendants
NO. 99-5621
CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance on behalf of Defendant, Wendy
J. Stephens, in the above-captioned matter.
MARGOLIS EDELSTEIN
Date: December 2000 By:
ph Banko, Jr.
Attor y I.D. No. 41727
P. O. BOX 932
Harrisburg, PA 17108-0932
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114
(717) 975-8124 FAX
Counsel for Defendant,
Wendy J. Stephens
r ?
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant, Wendy J.
Stephens, in the above-captioned matter.
MARGOLIS EDELSTEIN
Date: December 2000 By: Z__??PZ9"
L ura a B. Baker
Attorney I.D. No. 58874
P. 0. Box 932
Harrisburg, PA 17108-0932
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114
(717) 975-8124 FAX
Counsel for Defendant,
Wendy J. Stephens
2
I hereby certify that a copy of the foregoing was served
upon counsel of record on the / S?day of December, 2000, by United
States First Class Mail, postage prepaid, addressed as follows:
Darryl W. Cunningham, Esquire
Frankel, Bare & Associates
14 West King Street
P. 0. Box 1389
York, PA 17405-1389
(Attorneys for Plaintiffs)
Jack Emas, Esquire
Jack Emas & Associates
3130 Centre Square West
1500 Market Street
Philadelphia, PA 19102
(Attorneys for Defendants Schneider and Smith)
Barbara J. Smith, Secretary
v is
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99- s-Lz Cu ? L
Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF
PENNSYLVANIA
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. I :CV-99-2148
and
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22, defendant certifies that:
1. a notice of intent to serve the subpoena witli a copy of the subpoena
attached thereto was mailed or delivered to each party at least twenty days prior to
the date on which the subpoena is sought to be served.
2. a copy of the notice of intent including the proposed subpoena is attached
to this certificate.
3. no objection to the subpoena has been received and
4. the subpoena which will be served is identical to the subpoena which is
attached to the notice of intent to serve the subpoena.
DATED: December 18, 2000
JACK EMAS & ASSOCIATES
BY
uaa.n aJmaa Vi r?aavNa&ca
ATTORNEYS AT LAW
By: Jack, Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT
TO Pa.R.C.P. 4009.21
Defendants intend to serve a subpoena identical to that attached to this notice
on December 18, 2000 to Records Custodian of Carlisle Hospital and Health
Services and Mechanicsburg Family Practice.
You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned counsel any objection to the subpoena. If no
objection is made the subpoena may be served.
DATED: November 27, 2000
JACK ENIAS & SSOCIATE
BY: _
J EMAS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary
Rockwell
v.
File No. 99-5621
Schneider National Carriers, Inc. and
Joseph Smith SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANTTO RULE 4009.22
TO: Record Cus
O Roa,
an of Carlisle Hospital and Health Services - Del
P.O. Rox 310, Carlisle, PA
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:
duplicates of all diagnostic films including CAT Scans, x-rays, mnib, etcl,
pertaining to Reverly Rockwell - doh; 9/4/62 - SS No, 228-•94-1552
at 3130 Centre Square West Building, 1500 Market Street, Phila, PA 19102
(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 Jack Emas, Esquire
Address: JACK EMAS & ASSOCIATES
Al IONNEYS A LA
130 CENTRE SQUARE WEST _
1500 MARKET STREET
Telephone: 215-972-8065
PuILADEWHIP1910
Supreme Court ID # 12438
Attorney For: Defendant
BY THE COURT:
Date: rarer)
Seal of the Court
Division
Deputy
(EH. 7/9n
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary
Rockwell
v' File No. 99-5621
Schneider National Carriers, Inc. and
Joseph Smith SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Record Custodian of Mechanicsburg Family-Pragtice renter. 120 South
Filbert Str=ut (Name of Person or Entity)
Mechanicsburg, PA 17055
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
NG. 228•-94-1552
at 3130 Centre Square West Building, 1500 Market Street, Phila, PA 19102
(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 Jack Emas, Esquire
Address: JACK EMAS & ASSOCIATES
At IURNEYS A LA
3130 ENTR SQUARE WEST
1500 MARKET STREET
Telephone: ouiI(A€LPHIA,PA 1910 215-972-8065
Supreme Court ID # 12438
Attorney For:
Defendant
BY THE COURT:
Prothonotary/
Cler it ivision
Date:
Seal of the Court Deputy
(Eff. 7/97)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
Vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Notice of Deposition of Defendant Joseph
Smith upon the counsel of record in the following manner.
BY REGULAR MAIL:
Dale A Betty, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
Lauralee B Baker, Esquire
MARGOLIS EDELSTEIN
3510 Trindle Road
PO Box 932
Harrisburg PA 17108-0932
(for Stephens)
BARE &
FRANKEL. BARE IN
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK PENNSYLVANIA 17AOI
Date: March 30, 2001
I.D. # 53306
Attorney for Plaintif
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
and
Attorney for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 99-5621
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.12
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22, defendant certifies that:
1. a notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least twenty days prior to
the date on which the subpoena is sought to be served.
2. a copy of the notice of intent including the proposed subpoena is attached
to this certificate.
3. no objection to the subpoena has been received and
4. the subpoena which will be served is identical to the subpoena which is
attached to the notice of intent to serve the subpoena.
DATED: April 30, 2001
JACK EMAS & ASSOCIATES
BY:
Jack Emas & Associates
ATTORNEYS AT LAW
'By'--Jack Emas
Attorney Identification No. 12438
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
v.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
and
Attomey for Defendants, Schneider
National Carriers, Inc.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO. 99-5621
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT
TO Pa.R.C.P. 4009.21
Defendants intend to serve a subpoena identical to that attached to this notice
on April 30, 2001 to Records Custodian of Penns Wood Physical Therapy.
You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned counsel any objection to the subpoena. If no
objection is made the subpoena may be served.
DATED: April 11, 2001
JACK ENIASJ A
BY: J/tzrle
J EMAS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Beverly Rockwell and Gary Rockwell, h/w
vs.
Schneider National Carriers, inc. and Joseph R.
Smith
and
Wendy J. Stephens
File No. 1: CV-99-2148
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
Record Custodian of Penns Wood Physical Therapy
TO: 425 Stonehedge Drive, Carlisle, PA 17013
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
and all records from May 1, 2000 up to present pertaining to Beverly
Rockwell, dob: 9/4/62 SS No. 228-94-1552
at 3130 Centre Square West, 1500 Market Street, Philadelphia, PA 19102
(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 jark Rmaa, F.couire
Address: 3130 r'entre Square West
tSnn Market Street Phiillatiel Fhia PA 19102
Telephone:- (71St 472-Rn65
Supreme Court ID ti 12438
Attorney For: Defendant
BY THE COURT:
Prothonotary/Clerk, Civil Division
Date:
Seal of the Court
Deputy
(EH. 7/97)
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Kevin B. Quinn
Attorney Identification No. 56560
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
17,628 (KBQ)
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc. and Joseph R.
Smith
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
TO THE PROTHONOTARY:
Kindly enter my appearance as co-counsel for the defendants, Schneider National
Carriers, Inc. and Joseph R. Smith in the above entitled action.
JAC EMAS & ASSOCIATES
BY
KEVIN B. QUINN
:)
J
LADRALEE B. BARER, ESQUIRE
Pa. Supreme Court I.D. No. 58874
MARGOLIS EDELSTEIN
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
Telephone: (7171 975-8114 Attorney for Defendant,
Fax: (7171 975-8124 WENDY J. STEPHENS
E-mail: lbakermmargolieedelstein.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL and
GARY ROCKWELL, his wife, NO. 99-5621
Plaintiffs
CIVIL ACTION - LAW
V.
SCHNEIDER NATIONAL CARRIERS,
INC., JOSEPH R. SMITH, and
WENDY J. STEPHENS,
Defendants JURY TRIAL DEMANDED
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly withdraw my appearance for Defendant, Wendy J.
Stephens, in the above referenced matter.
Date: I Lil
Respectfully submitted,
MARGOLIS ED TEIN
BydoLAUErE B BAKER, ESQUIRE
ney y I.D. #58874
P. 0. Box 932
Harrisburg, PA 17108-0932
(717) 975-8114
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:\hftc\bqa\litigat\statefrm\Stephens\entryofoppearance.wpd'Draft#1 August 16, 2001
Brigid Q. Alford, Esquire
Supreme Coup I.D. #38590
DOSWEIL, TINTNER. PICCOLA & WICKERSHAM
315 North Front Street
Post Offlm Box 741
Harrisburg. Pennsylvania 171OM741
Attorneys for Defendant Robert Exkcn
BEVERLY ROCKWELL and : IN THE COURT OF COMMON PLEAS
GARY ROCKWELL, :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
V. : NO. 99-5621
SCHNEIDER NATIONAL CARRIERS,
INC., JOSEPH R. SMITH and
WENDY J. STEPHENS,
DEFENDANTS : CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
Kindly enter the appearances of Brigid Q. Alford, Esquire, and Boswell, Tintner, Piccola &
Wickersham on behalf of Defendant Wendy J. Stephens.
Respectfully submitted,
BY: - -f (?
Brigid Q Al rd, Esquire
Supreme Court I.D. #38590
BOSWELL,TINTNER, PICCOLA &WICKERSHAM
315 North Front Street
Post Office Box 741
Harrisburg, Pennsylvania 17108-0741
Attorneys for Defendant Stephens
Date: August 16, 2001
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BEVERLY ROCKWELL and : IN THE COURT OF COMMON PLEAS
GARY ROCKWELL, :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
V. : NO. 99-5621
SCHNEIDER NATIONAL CARRIERS,
INC., JOSEPH R. SMITH and
WENDY J. STEPHENS,
DEFENDANTS : CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I do hereby certify that I have served on this date a true and correct copy of the foregoing
Praecipe to Withdraw Appearance and Praecipe to Enter Appearance on the following by first-
class mail, postage prepaid and addressed as follows:
Darryl W. Cunnighman, Esquire Jack Emas, Esquire
Frankel, Bare & Associates Jack Emas & Associates
14 W. King Street 3130 Centre Square West
PO Box 1389 1500 Market Street
York, PA 17405-1389 Philadelphia, PA 19102
Brigid . Alford, Es ire
Date: August 16, 2001
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY ROCKWELL AND GARY
ROCKWELL, as Husband and Wife,
Plaintiffs
vs.
SCHNEIDER NATIONAL CARRIERS
JOSEPH R. SMITH, and
WENDY STEPHENS
Defendants
NO. 99-5621
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Plaintiffs' Response to Defendant's Schneider
National Carrier, Inc. Supplemental Interrogatories and Request for
Production of Documents upon the counsel of record in the following
manner.
BY REGULAR MAIL:
FRANKEL BARE Be
ASSOCIATES
ATTORNEYS AT LAW
10 WEST KING STREET
YORK. PENNSYLVANIA ITAOI
Jack Emas, Esquire
Kevin B. Quinn, Esquire
JACK EMAS & ASSOCIATES
3130 Centre Square West
1500 Market Street
Philadelphia PA 19102
(for Schneider and Smith)
Brigid Q Alford, Esquire
BOSWELL TINTNER PICCOLA
& WICKERSHAM
315 North Front Street
PO Box 741
Harrisburg PA 17108-0741
(for Stephens)
(EL, BARE & S OCIATES /
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Date: August 20, 2001
I.D: # 53306
Attorney for Plaintif
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Kevin B. Quinn
Attorney Identification No. 56560
3130 Center Square West
1500 Market Street
Philadelphia, Pennsylvania 19102
(215) 972-8065
17,628 (KBQ)
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc. and Joseph R.
Smith
COURT. OF COMMON PLEAS OF
CUMBERLAND COUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
WENDY J. STEPHENS
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdrawal my appearance on behalf of Defendants Schneider National
Carriers, Inc. and Joseph R. Smith in the above-entitled action.
JACK EMASAND ASSOCIATES
KEVIN B. Q , ESQUIRE
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Jack Emas & Associates
ATTORNEYS AT LAW
By: Kevin B. Quinn, Esquire - 56560
Jack Emas, Esquire 12438
1500 Walnut Street, Suite 1500
Philadelphia, Pennsylvania 19102
(215) 545-4770
BEVERLY ROCKWELL and
GARY ROCKWELL, h/w
Attorney for Defendants, Schneider
National Carriers, Inc. and Joseph R.
Smith
COURT OF COMMON PLEAS OF
CUMBERLANDCOUNTY
V.
SCHNEIDER NATIONAL
CARRIERS, INC. and JOSEPH R.
SMITH
NO. 99-5621
and
WENDY J. STEPHENS
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdrawal my appearance on behalf of Plaintiffs in the above-entitled
action.
JACK EMAS AND ASSOCIATES
BY:
ESQUIRE
BY:
KEVIN B. QiWj5,_ESQUIRE
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendants, Joseph R. Smith and
Schneider National Carriers, Inc. in the above-entitled action.
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RAWLE & HENDERSON, u.r
By: Timothy J. Abeel
By: Beth Castelli Fitt
Identification No.'s. 23104, 76781
The Widener Building
One South Penn Square
Philadelphia, PA 19107
215-575-4200
BEVERLY ROCKWELL and
GARY ROCKWELL, her husband
Attorneys for Defendants
Schneider National Carriers, Inc.
and Joseph R. Smith
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
SCHNEIDER NATIONAL CARRIERS,
INC., JOSEPH R. SMITH, and
WENDY J. STEPHENS
NO.: 99-5621 CIVIL
JURY TRIAL DEMANDED
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter Settled, Discontinued and Ended, with
Prejudice.
FRANKEL, BARE AND
Attorneys for
RAWLE & HENDERSON UP
BOSWELL, TINTNER, PICCOLA & WICKERSHAM
By:
Brigid Q. Alfor 1, Esq 're
Attorneys for Defend t,
Wendy J. Stephens
DATED: 1 r I T I (? J
J.
Attorneys for Defendants,
Schneider National Carriers, Inc.
and Joseph R. Smith
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