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IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
GERALD MICHAEL AND HAZEL No. 1998-C-2849
MICHAEL, his wife,
Plaintiffs
Vs.
GREAT COASTAL EXPRESS, INC.,
VLADIMIR LUKASHUK,
r r.
m
h
0 n
V1
Defendants .
ORDER OF COURT
NOW, this 14th Day of July, 1999,
upon consideration of the Petition to Transfer venue filed
by plaintiffs June 91 1999, after hearing held this date and
by agreement of counsel for the parties, Elizabeth A. outko,
Esquire, counsel for plaintiffs; Joseph a. Holko, Esquire,
local counsel for plaintiff; Edward R. Eidelman, Esquire,
former counsel for plaintiff and Sean McDonough, Esquire,
counsel for defendants, and pursuant to Pa.R.C.P.
1006(d)(e), and pursuant to the written stipulation of
counsel filed this date,
IT IS ORDERED that the petition to transfer
venue is granted.
IT IS FURTHER ORDERED that venue in the
within matter is transferred to the Court of Common Pleas of
tAwOeaQN?gM,QellOfCtaroddkd?rtnfAw...
•"' ^• f.MdRh Cc+ary, Allentmm. PA rk• r'rnif, th,r rhl( f 7 ?" ?j??.•
'^r •'MCfI COPY of Itm IrlpulJl rMord lilnl n ,v.1 (', T
AnArra E Naugle. Clerl. of Caun, ('t'•'
1 4r
Cumberland County, Pennsylvania.
IT IS FURTHER ORDERED that the Lehign County
Clerk of Courts-Civil Division shall forward to the
Prothonotary of Cumberland County certified copies of the
docket entries, process, pleadings, depositions and other
papers filed in the action pursuant to Pa.R.C.P. 1006(d)(3).
IT IS FURTHER ORDERED pursuant to Pa.R.C.P.
1006(d)(3) that the costs and fees of the petition for
transfer and the removal of the record shall be paid by
plaintiffs in the first instance to be taxable as costs in
the case.
BY THE COURT:
J NOLL G RDNE , P.J.
-2-
I 4?
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7
c:
0
! 40%
LIST ~. LITIGANTS AND ATTORNEYS P?K CASE
t
'CVADDLST' as of 09-Sep-1999 11:15:19 Pape: 9
TERM NUMBER NAME ADDRESS
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1998-C-2849 JOSEPH A. HOLKO, ESQ. SOVEREIGN BLDG
809 HAMILTON MALL
ALLENTOWN PA 18101
'savamsavssamaaavvssavvavmaaa:anasaasasavaaaaassasssaammsvavmaavssaasavvavas
1998-C-2849 ELIZABETH A ONTKO, ESQ. PO BOX 80545
1820 LINGLESTOWN RD
HARRISBURG PA 17108
aasaamssasavmvamamsaaassv:aaaamaaaamaaasaavaasaaaavmaaaavsaamamaaaaaavsatss.
1998-C-2849 SEAN P MCDONOUGH, ESQ. 3RD FLOOR
425 SPRUCE STREET
SCRANTON PA 18503
vvvvvvsv?ssasesvasvvvaasasasavaasasa:avvaaaaaaass:vaaaaasassaavasavasvessss ?
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*PUD:ONEDOCKET*
• IN THE COURT OF COMMON FLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISTON
'SUE TS DOCIF.T AT, OF 23-Sop-1999 11:19:19
:CASE 8 1998-. 2049 CIVIL_ ACTION SUMMONS
JHRY 1'F:IAL DEMANDED
TRANS TO CRT OF COMMON
PLEAS CUMDERLAND COUNTY
GERALD MICHAEL
HAZEL MICHAEL
H/W
203 NORTH STAR L14
BUNKER HILL WV 25413
PETER KAROLY , ESQ. (W/D)
ELIZABETH A OtJTb'0 , ESQ.
JOSEPH A. IIOLI,O , ESQ.
PETER KAROL.Y , ESQ. (W/D)
ELIZABETH A ONTK.O , ESQ.
JOSEPH A. HOLKO , ESQ.
VS
VLADIMIR LUKASHUK
RT 1 BOX 347-D
MT SOLON VA 22843
GREAT COSTAL EXPRESS INC
16901 `JAN DAM RD
SOUTH HOLLAND IL 6047:.
25-Nov-1998 CPT0:1 PRAE FOR !iUMMONS
SEAN P MCDONOUGH , ESQ.
SEAN P MCDONOUGH , ESQ.
WRIT EXIT.
11-Dec-1998 SNRF RTFJ SUMMONS: L.CHI CO DPTY SHRF SERVED DFT VLAD111IR
2 LUKASHUK BY CERT MAIL ON 25-tJov l'?98. L'ERT CARD RTND SERVED
12/7/90 DELIVERY DATE Of- 11/30/9F5 REPLY riCING SERYEY
I UI:ASHUI:. LEHI CO br"IY SIIRF SFF:VED Uf-F GREAT COASTAL F_YPRESS
IN BY CERT MAIL ON 12/7/90. CERT CARD RTND 1'20,190 DELIVERY
DATE 11/30/90
28-Jan-1999 PRAE FOR APPEARANCE FOR DFTS BY S P MCDOIJOUGH ESQ.
28-Jan-1999 PRAE ?, RULE TO FILE COMPLAINT. RULE ISSUED.
AFDT OF SERVICE ATTACHED.
16-Feb-1999 CPT01 COMPLAINT, NOTICE 10 DEFEND. DAMAGES PRAYED FOR IN COUNTS
I THRU V, RESPECTIVELY: 1I4 AN AMT IN EXCESS OF 450,000.00
PLUS COSTS, IN'iEREST, AND ALL OTHrR DAMAGES.
12-Apr•-1999 DISCOVERY ORDER: NOW, (14/12:1999 THE TENTATIVE TRIAL
DATE FOR THIS ExP'EDI1'EU TRACI' CASE W11-1 DE
FEDRUARY, WWII) THE Dl%--0VERY FND-? r1UG-15T 16, 1999
PET'S FOR EXT IIF DfS(.UVEF\Y ARE DIJE PY JULY 1'71 1!(99
SUIIMARY JUDGMENTS HU°T 6I:- FILED DY SEPTF.11DER 1111 199;9
I±Y TI IF COURT: P 1,, J. COPIES I'll D.
03-t1ay-1999 STC04 STAT' CONE SCHEDUI-ED lCa; ::4- l'; ; 1'a 9:':;0 GH1 ('111 I F:rOR[: .11 0, J.
r'11
*PUB:ONEDOCKET*
• IN THE COURT OF COMMON FLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
SUITS DOCL'ET A'_5 OF 27--Sep-1999 11:19:19
..............................
:CASE If 1990-C-2849 CIVIL ACTION SUMMONS
a... JURY TRIAL DEMANDED
TRA14S TO CRT OF COMMON
PLEAS CUMBERLAND COUNTY
09-Jun-1999 PRAE FOR AP'P'EARANCE FOR PLTFS BY E A ONTKO ESQ.
09-Jun-1999 g PLTFS PETITION TO TRANSFERE VENUE. AFDT OF SERVICE ATTACHED
17-Jun-1999 1 PRAECIPE FOR WITHDRAWAL OF APPEARANCE BY P J I:AROLY ESQ
/ FOR PLTFS.
06-Jul-1999 STATUS CONFERENCE ORDER: NOW, 6/24/99, COMPLAINT IN THE
WITHIN MATTER IS DISMISSED. A RULE IS ISSUED UPON P J KAROLY
ID ESQ, E A ONTKO ESQ & S P MCDONOUGH ESQ TO SHOW CAUSE WHY
THEY SHOULD EACH NOT BE HELD IN CONTEMPT Of: COURT FOR FAIL-
ING TO ATTEND PRE-TRIAL CONFERENCE. RULE RETURNABLE 7/21/99
@ 9:00 AN, CR 2, LCCH. BY THE COURT: /S/ J K GARDNER, F•.J.
COPIES MLD 7/6/99. DKTD 7117/99.
14-Jul-1999 F•RAE FOR AF-PEARA14CE FOR PLTFS BY J A NOLI';0 ESQ.
14-Jul-1999 STIPULATION OF E A ONTI::O ESQ, S P MCDONOUGH L Q& F R
12 EIDELMAN ESQ WHEREBY THE WITHIN CASE SHOULD BE TRANSFERRED
FROM LEHIGH COUNTY TO CUMDERLAND COUNTY. SEE ORIG.
16-Jul-1999 DFTS' RESPONSE TO THE RULE ISSUED TO '.111014 CAUSE WHY DFTS'
ATTY SEAN F MCDONOUGH SHOULD NOT F'_E FIELD IN CONTEMPT OF
COURT. AFI)T OF SERVICE ATTACHED.
30-Jul-1999 1L1 DFTS' RESPONSE TO PLTFS REQUEST f'Ofi I RODUCTION GF' DOCUMENTS
AFDT 01' SERVICE ATTAC14CD.
30-Jul-1999 15 DFTS' RESPONSE TO PL..TF'S INTERROGAIORIFS. AFDT OF SERVICE
ATTACHED.
06-Aug-1999 NOTICE OF TELEPHONE DEPOSITION DATED (3/7/99 TO: GERALD AND
HAZEL MICHAEL. AFDT OfSERVICE ATTFtCIIED.
19-Aug-1999 11 DFTS' ANSWER TO PLTFS' COMPLAINT AND NEW MATTER. NOTICE TO
PLEAD. AFDT OF SERVICE ATTACHED.
23-Aug-1999 PLTFS' ANSWER TO DFTS' NEW MA'TTEF+. AFDT OF SEF'VTL:E ATTACHED.
01-Sep-1999 n AFFIDAVIT Of- SERVICE: IP.ITERRLjGA'TORIES AND DOCUMENT REQLEST
SERVED UPON F ? GANGLY ESQ 9. E OIITKO F'SO BY MAIL. DY S P MC•-
DONOU1311 E51) ON
00-Sep-1999 Q ORDER: NOW, :'/14/91, II1P' 101IEIPI FO V,1(')TF F;I1TUS COII-
FI f E1lCE ORDCF: It, GRI)IJTia). Till IUI_li f i;•IJFI) UF•Utl I I ICAkOLY
ESQ, F A L•LI11 O 15;Q `- S 1 11C'D t ul f;H f i-j 1'? 11.17 A,-, PART IW THE.
;TATUJ CONFERENCE OFDI I; [III c 4 / ;' 1 :; I i f 'I U?I•IiED AND DI 3 -
11ISSEL. TFIE COMFL.ta]Wl I,-, f-EIN1.111111E D. LAY THE C0I11'T: ! ? .1 1_
*PUB:ONEDOCKET>t
IN THE COURT F COMMON FLEAS OF LEHIGH COUNTY, PENMSVLVANtA
CIVIL DIVISION
SUTTS DOCKET AS OF -'-yep-1999 11:19:19
CASE• 11 1998-C-2849 S
t •
:. .... .. ...............
GARDNER PJ. COPIES MLD 9/8/99. DiTD 9/0/99.
08-Sep-1999 '21 PLTFS' MOTION TO VACATE STATUS CONFERENCE ORDER. AFDT OF
SERVICE, EXHIBITS ATTACHED.
09-Sep-1999 IJ F GRANTED
7/14/99
N
OW
CLF'
TPFl
.
.
CO,
TRANSF
?ENUE I
S
RWARD CERTIFIED COPIES OF PAPERS TO CUMDERLAND CO, FA.
?
v
FO
j
COSTS AND FEES SHALL BE ON PLrF6. SEC: ORIG. BY THE COURT:
/S/ J K GARDNER, T•.J. COPIES MLR 9/9/99. DKID 9/9/99.
0UN7Y
CUMBERLAND
,
PROTHONOTARY'S
CASI- II
r
23-yep-1999 263 515 07
f1P
MAIL
CERTIFIED
CARLISLE
COURTHOUSE,
- ------------------- _ .----------
DATE AMOUNT PAYDATE rAYOR REMARKS
FEE TYPE
NEW SUIT 25-Nov°1998 $50.50 :S-Nov-1990 PLTF
5ATISFACTION FEE 25-Nov-1990 `15.60 25-Nov-1998 PLTF
JUDICIAL COMPUTER PROGRAM 25-Nov-1990
SHERIFF'S RETURN' 11--Der--1998
TRANSFER FEE
l"?9-it p -• 1999
$5.01) 25-Nov•-1990 PLTF
!47.00 It--OF-c-1998 PLTF
ylii.iii, (q-Sep--1999 PLTF
a, r.? a r..?w,ra? orc«w?ra? cam, ?ron.?•-?
n4rI,c" CmMy, Alknunm. PA do eMiN thst IN,
,a ?,errct cM of the txiginnl reard riled in tatd Cw.
Andres B. Natgk, Clerk Of CDUM
Deft
D J 6 W9
CIVIL ACTION SUMMONS
JURY TRIAL DEMANDED
TRANS TO CRT Of' COMIIO14
PLEAS CUMBERLAND COUNTY
I. 1
SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
Attorneys for Plaintiff
rf
GERALD MICHAEL AND HAZEL IN THE COURT OF COMMON PLEAS
MICHAEL, his wife, LEHIGH COUNTY, PENNSYLVANIA
Plaintiffs NO.1998-C-2849 4 ?. h
V. CIVIL ACTION - LAW
t,
GREAT COASTAL EXPRESS, INC., JURY TRIAL DEMANDED
VLADIMIR LUKASHUK, =+ :.
Defendants _.
PLAINTIFFS' MOTION TO VACATE STATUS CONFERENCE ORDER
AND NOW, come the Plaintiffs, GERALD AND HAZEL MICHAEL, by and
through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and files the following
Motion to Vacate the status conference order of Judge Gardner filed on June 24, 1999:
1. This case arises out of a motor vehicle collision which occurred on
November 25, 1996 in Cumberland County, Pennsylvania.
2. The Plaintiffs, Gerald Michael and Hazel Michael, were initially
represented by Laura R. Rose, Esq., P. 0. Box 2059, Martinsburg, West Virginia
25402.
3. In November 1998, Attorney Rose contacted Peter J. Karoly &
Associates, 1511-1525 Hamilton Street, Allentown, Lehigh County, Pennsylvania and
requested that the firm file a lawsuit against the above-named Defendants In Lehigh
County.
4. On or about November 25, 1998, this lawsuit was Instituted by a Praecipe
for Writ of Summons against the above named Defendants. Said Writ of Summons was
filed by Peter J. Karoly & Associates. A copy of said Writ is attached hereto and
marked as Exhibit "A." Awbm ILN"*Kc7k2toraft"ofineCb.nnr(1?..
and ?MY'Aibumwn. PA do crnif that W, ,•
?orttty SPY M the nn
a. A?dn<a8 ?nnalrM,xdrilnlinmdCn,,,
?? Nmgle, Ckd, of Court
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5. Peter J. Karoly & Associates instituted this action in Lehigh County on
behalf of Attorney Rose because the statute of limitations was about to expire.
6. Although the above-named Defendants may periodically do business In
Lehigh County, the parties and witnesses to the instant action and the November 25,
1996 collision have no relation to Lehigh County. All events, transactions and
occurrences related to this collision occurred in Cumberland County.
7. On or about January 26, 1999, Sean McDonough, Esq., of Dougherty,
Leventhal & Price, 425 Spruce Street, Scranton, Lackawanna County, Pennsylvania
entered his appearance and filed a rule to file a Complaint on behalf of the above
named Defendants. A copy of said entry of appearance and rule is attached hereto and
marked as Exhibit "B."
8. On or about February 16, 1999, Peter J. Karoly & Associates filed a
Complaint against the above-named Defendants on behalf of the above-named
Plaintiffs. A copy of the Complaint is attached hereto and marked as Exhibit "C."
9. Both the Praecipe for Writ of Summons and the Complaint were filed in
the Court of Common Pleas of Lehigh County and assigned civil action number 98-C-
2849.
10. On or about May 13, 1999, Plaintiffs' counsel, Laura Rose, Esq., referred
the instant case to Shollenberger & Januzzi, LLP, 1820 Linglestown Road, Harrisburg,
Dauphin County, Pennsylvania 17110. A copy of a letter confirming said referral is
attached hereto and marked as Exhibit "D."
11. On or about June 4, 1999, Elizabeth A. Ontko, Esq., associate of
Shollenberger & Januzzi, LLP, filed a Praecipe for Entry of Appearance along with a
Petition to Transfer Venue. Attorney Ontko inadvertently failed to aver in the Petition
that the Petition was uncontested by defense counsel, Sean McDonough, Esq. A copy
of the Praecipe and Petition to Transfer Venue is attached hereto and marked as
Exhibits " E" and "F."
12. In reviewing the file, Plaintiffs' counsel, Elizabeth A. Ontko, Esq., learned
that a status conference was scheduled by the Court Operations Coordinator for June
24, 1999 before Judge Gardner. A copy said letter is attached hereto and marked as
Exhibit " G."
1 13. On or about June 16, 1999, Peter J. Karoly, Esq., withdrew his
appearance in the instant action and said praecipe was filed with the Clerk of Courts of
Lehigh County on June 17, 1999. A copy of the praecipe is attached hereto and
marked as Exhibit "H."
14. On or about June 17, 1999, Plaintiffs' counsel called the Clerk of Courts
and spoke to an employee (name unknown) regarding her outstanding Petition to
Transfer Venue and upcoming status conference. Counsel was Informed that she
could file an application for continuance of the status conference.
15. Counsel requested that an application be immediately faxed to her. To
counsel's recollection, said application was faxed to her on June 17, 1999.
16. On or about June 17, 1999, Plaintiffs' counsel, Elizabeth A. Ontko, Esq.,
prepared an application for continuance of the status conference scheduled for June
24, 1999, pending the outcome of her Petition to Transfer Venue.
17. On June 17, 1999, Plaintiffs' counsel, Elizabeth A. Ontko, Esq., wrote a
letter to Sean P. McDonough, Esq., and requested that he sign the application for
continuance and indicate whether he opposed or did not oppose the continuance.
18. Elizabeth A. Ontko, Esq., also asked that Mr. McDonough sign the
continuance and file it with the Lehigh County Court Administrator as soon as possible
or in the alternative to send it back to her so that she could file it. A copy of the
application for continuance and accompanying letter is attached hereto and marked as
Exhibits 01" and "J."
19. Plaintiffs' counsel, Elizabeth A. Oniko, Esq., federal expressed (overnight)
the application for continuance and accompanying letter to Sean McDonough, Esq. A
copy of the receipt from Federal Express is attached hereto and markeu as Exhibit "K."
20. On or about June 18, 1999, Elizabeth A. Ontko. Esq., received a
telephone call from Sean McDonough, Esq., and he indicated that he did not oppose
the application for continuance and that he would sign it and file it immediately with the
Lehigh County Court Administrator along with a courtesy copy to Judge Gardner.
r1
/_? f
21. On or about June 23, 1999, Plaintiffs counsel Instructed her secretary,
Marjorie McNaughton, to contact Mr. McDonough's office and inquire as to whether his
office filed the application for continuance with the Lehigh County Court Administrator
and forwarded a courtesy copy to Judge Gardner.
22. On or about June 24, 1999, Plaintiffs counsel received a call from Mr.
McDonough's secretary, Lori Schroeder, informing her that Mr. McDonough was on
vacation and that the application for continuance was filed with the Lehigh County Court
Administrator.
23. On or about June 24, 1999, Plaintiffs' counsel received a faxed copy of
the executed application for continuance as well as a cover letter to the Lehigh County
Civil Clerk indicating from Mr. McDonough's secretary which indicated that the
documents were forwarded to Lehigh County on June 21, 1999. A copy of the faxed
letter is attached hereto and marked as Exhibit "L "
24. On or about June 24, 1999, Plaintiffs' counsel, by Interoffice e-mail,
Instructed her secretary, Marjorie McNaughton, to call Judge Gardner's chambers and
Inquire as to whether he received a copy of the application for continuance. A copy of
the e-mail memo is attached hereto and marked as Exhibit "M "
25. Mrs. McNaughton spoke to Cheryl, and she Indicated that she did not
receive the application for continuance. Cheryl indicated that she would speak to
Judge Gardner regarding the matter and then call Mrs. McNaughton to let her know the
status of the status conference.
26. Mrs. McNaughton received a call from Cheryl indicating that the
conference was still scheduled for 9:50 a.m, and that counsel would receive a status
conference order from Judge Gardner in the near future.
27. On or about June 25, 1999, Sean McDonough, Esq., confirmed by letter
that he did not have any objection to change of venue from Lehigh County to
Cumberland County in the instant action. A copy of said letter is attached hereto and
marked as Exhibit "N."
28. On or about July 8, 1999, Elizabeth A. Ontko, Esq., received Judge
Gardner's status order indicating that the Plaintiffs Complaint was dismissed and that a
rule was issued upon herself, Peter J. Karoly, Esq., and Sean McDonough, Esq., as to
''1
/^r
why they should not be held in contempt of court for failing to appear at the pre-trial
conference. A copy of the Judge's status order is attached hereto and marked as
Exhibit "O."
29. Plaintiffs counsel, Elizabeth A. Ontko, Esq., respectfully offers the
following explanation to the Honorable James Knoll Gardner as to why his status order
should be vacated:
a)
b)
C)
d)
Once Sholienberger & Januzzi, LLP, was referred the case and
Attorney Oniko was assigned to handle it, counsel immediately
reviewed the file and filed a Praecipe to Enter Appearance and a
Petition to Transfer Venue on June 4, 1999;
When she did not receive a signed order in the mail from the court
granting or denying the Petition to Transfer Venue, Attorney Ontko
called the Clerk of Court's office and spoke to an employee
regarding the outstanding Petition to Transfer Venue. Attorney
Ontko was Informed that she could file an application for
continuance of the status conference so she requested that an
application be faxed to her. To her recollection, said application
was faxed to her the same day;
The same day Attorney Ontko received the faxed application, she
filled it out and requested a continuance of the status conference
scheduled for June 24, 1999. Said application was prepared on
June 17, 1999 and federal expressed to defense counsel, Sean
McDonough, Esq.;
Attorney Ontko also wrote a letter to Attorney McDonough
explaining to him the urgency for him to sign the application and
either file it with the Court Administrator or send it back to her so
that she could promptly file it;
ti
e) Attorney McDonough called Attorney Ontko on June 18, 1999 and
informed her that he would sign the application and did not oppose
a continuance. He further assured Attorney Ontko that he would
file it Immediately with the Court Administrator and forward courtesy
copies to Judge Gardner and to Attorney Ontko;
f) On June 23, 1999, Attorney Ontko still had not received the
application from the court and instructed her secretary to call Mr.
McDonough's office and inquire as to whether he filed the
application with the Clerk of Courts and forwarded a courtesy copy
to Judge Gardner;
g) Attorney Ontko mistakenly assumed the above steps were taken
and that the Court Administrator and Judge Gardner received the
application for continuance before the June 24, 1999 status
conference;
h) When Attorney Ontko learned that neither the Clerk of Courts nor
Judge Gardner received the application for continuance on or
before the June 24, 1999 status conference, it was already too late
for her to attend the scheduled conference since her office is
located in Harrisburg, Pennsylvania.
30. In hindsight, despite filing a Petition to Transfer Venue and attempting to
secure a continuance of the stat:is conference, Attorney Ontko should still have
attended the status conference.
31. Attorney Ontko did not Intend to disregard or disrespect Judge Gardners
order scheduling the status conference.
32. Attorney Ontko sincerely apologizes for any inconvenience she has
caused Judge Gardner and this Court.
33. Plaintiffs, Gerald and Hazel Michael, will certainly be prejudiced if they
cannot pursue their cause of action against the above-named Defendants.
I ti
.-)
34. Attorneys, Edward Eidelman, Esq., on behalf of Peter J. Karoly &
Associates and Sean McDonough, Esq., do not contest this Motion. Both counsel were
informed via telephone that Attorney Ontko was presenting this Motion before Judge
Gardner or. July 14, 1999.
35. Copies of said Motion and accompanying Order were served on Edward
Eidelman, Esq. and Sean McDonough, Esq., on July 12, 1999.
WHEREFORE, based upon the above, and on behalf of the above-named
Plaintiffs, Elizabeth A. Ontko, Esq., respectfully requests the Honorable James Knoll
Gardner to vacate his June 24, 1999 status order dismissing the Complaint and Issuing
a rule as to why she should not be held in contempt for failing to attend the June 24,
1999 pre-trial conference in the instant case.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
"Elizdbeth A. Ontko, Esq.
Attorney I.D. No. 78053
Dated: July 13, 1999
SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
GERALD MICHAEL AND HAZEL
MICHAEL, his wife,
IN THE COURT OF COMMON PLEAS
LEHIGH COUNTY, PENNSYLVANIA
Plaintiffs
V.
GREAT COASTAL EXPRESS, INC.,
VLADIMIR LUKASHUK,
NO.1998-C-2849
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
CERTIFICATE OF SERVICE
AND NOW this 13th day of July, 19991 hereby certify that I have served
Plaintiffs Motion to Vacate Status Conference Order and Accompanying Order to the
following by depositing a true and correct copy of same in the United States mail,
postage prepaid, addressed to:
Sean P. McDonough, Esq.
Dougherty, Leventhal & Price, LLP
425 Spruce Street, 31 Floor
Scranton, Pa. 18503
Edward Eldelman, Esq.
Peter J. Karoly & Associates
1511-1525 Hamilton Street
Allentown, PA 18102
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
'Pi . Lu -??
Elizab th A. Ontko, sq.
Attorney I.D. #78053
Dated: July 13, 1999
COUNTY, PENNSYLVANte
IN THE COUR 7, COMMON PLEAS OF
CIVIL DIVISION
PlainEiff(s) & Address(es):
GERALD MICHAEL and HAZEL MICHAEL,
Husband and Wife,
203 North Star Lane
Bunker Hill, WV 25413
VS.
Defendant E Address(es):
VLADIMIR SHUK
Rt. 1, Box 347-B
Mt. Solon, VA 22843
- AND -
GREAT COSTAL EXPRESS, INC.
16901 Van Dam Road
South Holland, IL 60473
C?Oo Pr
File No. 98-C-.?,?1?1 `J
Civil Action - LAW
PRAECIPE FOR SUMMONS
TO THE PROTHONOTARY /CLERK OF SAID COURT:
Issue summons in
in the above case.
CIVIL ACTION
r -e
N C:.
X writ f Summons shall be issued an
Signature of Atto
Laura Rose, Esquire_
LAURA ROSE 6 ASSOCIATES
210 West Burka Street, P.O. Box 2059
Martiusbur , WV 25401
(304 267-3949
Name Address Telaphone Number of Attorney
Date: November 25, 1998
1 1 T
SUMMONS IN CIVIL ACTION
TO: Defendants, Vladimir Lukaahuk and Great Costal Expresr., Inc.
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/NAVE COMMENCED AN ACTION AGAINS
YOU.
ANDREA E. NAGLE
Prott:anotary/Clerk, Civil Division
Date: by EXHIBIT
NOTE:use AN ATTACHED SHEET FOR LENGTHY LIST OF LITIGANTS. /
FILING PARTY IS TO COMPLETE ROTH PRAECIPE 6 WRIT TO EXPEDITE PROC
1/91 E_oF_1
Supreme Court ID Number 34819
I
GERALD MICHAEL AND HAZEL : IN THE COURT OF COMMON PLEAS
MICHAEL, husband & wife, : OF LEHIGH COUNTY
Plaintiff CIVIL ACTION - LAW
Vs. JURY TRIAL DEMANDED
VLADIMIR LUKASHUK,
and
GREAT COSTAL EXPRESS, INC.
Defendant NO. 98-CIVIL - 2849
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE CLERK OF JUDICIAL RECORDS:
Please enter the appearance of the undersigned on behalf of the Defendants, VLADIMIR
LUKASHUK and GREAT COSTAL EXPRESS, INC., relative to the above-captioned action.
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
By:?-?t T.,•?.
Sean P. McDonough, Esquire
425 Spruce Street, Third Floor
Scranton, PA 18503
(717) 347-1011
EXHIBIT
4
MAR-29-99 16:31 FROI1-
T-031 P 07e11. F-075 l?
U
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. PENNSYLVANIA
CIVIL DIVISION
GERALD MICHAEL ND
HAZEL MICHAEL, usband
and Wife,
Plain iffs, No. 98-C-2849
VS.
CIVIL ACTION
GREAT COASTAL E PRESS, INC.,
AND VLADIMIR LU ASHUK, JURY TRIAL DEMANDED
Defers ants.
NOTICE TO DEFEND
YOU HAVE BF :N SUED IN COURT, IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FOR!4 IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (:)) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED,
BY ENTERING A IRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITIP i WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORT: AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO
DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT •IAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE ?OR ANY
MONEY CLAIMED I' THE AMENDED COMPLAINT OR FOR ANY OTHER C).;kIM OR
RELIEF REQUESTEI BY THE PLAINTIFFS. YOU MAY LOSE MONEY OR PROPERTY
OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD rAXR THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWS Ut OR CANNOT AFFORD ONE, GO TO OR TELEPE(v(E THE
OFFICE SET FORT) BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LEHIGH COUNTY BAR ASSOCIATION
LEGAL REFERRAL SERVICE
1114 WALNUT STREET
ALLENTOWN, PENNSYLVANIA 18102
TELEPHONE NO. (610) 443-7094
c
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A v 3 ?J
IAR-29-99 16:32 FROW T-031 P 03/11• F-075
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
GERALD MICHAEL ND
HAZEL MICHAEL, usband
and Wife,
Plain iffs,
Vs.
No. 98-C-2849
CIVIL ACTION
VLADIMIR LUFASH R AND
GREAT COASTAL E PRESS, INC.,
Defen ants.
JURY TRIAL DEMANDED
1. The P ainciffs, Gerald Michael and Hazel Michael, are
adult individua s who reside at 203 North Star Lane, Bunker Hill,
West Virginia 2 413.`*
2. The De Eendant Vladimir Lukashuk is an adult individual is
believed and the :efare averred to reside at Route 1, Box 347-B, Mc.
Solon, VA 2284 .
3. The D fendanc Great Coastal Express, Inc., is believed
and therefore au erred to be an Illinois corporation which maintains
a place of busir-ss at 16901 Van Dam Road, South Holland, Illinois
60473.
4. On or about November 25, 1996, at or about 6:17 p.m.,
Gerald Michael was operating his 1993 Pecerbuilt tractor and
trailer, VIN Nut 3er 1XP5DB9X7PD326692, on State Route 15 near the
intersection of 3tace Route 2004 (W. Lisburn Road), in Upper Allen
Township, Cumbei Land County, Pennsylvania.
5. On or about November 25, 1996, at or about 6:17 p.m.,
Defendant Vladimir Lukashuk was operating a 1995 Freightliner
tractor and cra.Ler, VIN Number 1FUYDCXB3SH554677, on State Route
15 near the ince •section of State Route 2004 (W. Lisburn Road), in
Upper Allen Towt ship, Cumberland Country, Pennsylvania.
6. The 15?5 Freightliner tractor and trailer being operated
by Vladimir Luk shuk, as aforesaid, is owned by Defendant Great
Coastal Express, Inc.
7. Mr. L .kashuk is an employee/agent of Great Coastal
Express, Inc., end when operating the Freightliner tractor and
trailer, as aforesaid, was acting within the scope and in
MAR-29-99 16:32 FROM-
T-031 P 01/11• F-075
furtherance of his duties as an employee/agent of Great Coastal
Express, Inc.
8. On of about November 25, 1996, ac or about 6:17 p.m.,
Vladimir Lukas.uk, while driving the Freightliner tractor and
trailer, rammed into the rear of the Pecerbuilc tractor and trailer
driven by Gerall Michael while the Pecerbuilc tractor and trailer
was stopped at t red light.
9. At al times relevant hereto, Gerald Michael operated his
1993 Pecerbuilt tractor and trailer in a safe, careful and prudent
manner.
10. As a direct and proximate cause of the negligence of
Defendants, Ger ld Michael sustained serious injuries, including,
inter r11].:1, c2: following: contusion on the back of head,
headaches, cerv cal sprain, lumbar sprain, limited range of motion
in his neck and back, anxiety, overall pain and stiffness, :oss of
sleep, and pain and suffering. As a result of taking prescription
non-steroidal a ti-inflammatory medications over a period of time
for accident-re: aced injuries, Gerald Michael subsequently suffered
from duodenicis and was hospitalized.
s-
11. Some r all of the injuries sustained by Gerald Michael
may constitute t ze aggravation of a pre-existing illness, in; ury or
condition.
12. Some r all of the injuries sustained by Gerald Michael
may be permanen in nature.
13. As a 2esulc of the foregoing, Gerald Michael has received
and will conciLue to receive hospital, surgical, nursing and
medical creacme it and therapy, all co his great detriment and
expense.
14. As a x%sult of the foregoing, Gerald Michael has suffered
a loss of earni. gs and may suffer a loss of future earnings and a
diminution in earning capacity.
15. As a *esult of the foregoing, Gerald Michael suffered
extreme and exc uciacing pain and suffering and will continue co
experience such pain and suffering in the future.
16. As a x isulc of the foregoing, Gerald Michael has suffered
and will continue to suffer from humiliation, embarrassment and
mental anguish.
17. As a r:sulc of the foregoing, Gerald Michael has suffered
and will conci ue to suffer a loss of life•s pleasures and
enjoyments, and has been and will continue in the future co be
unable co acted to his customary and usual daily activities,
occupation, duc:es, familial responsibilities and avocations, all
2
T-031 P.OS/II F-OTS
MAR-29-62 16:32 FM
to his great de rimenc and loss, financial and otherwise.
COUNT I
RL INTI" GLRALD YICHM AWD BAZa MICHAZL VS. i.,
DRIYNDAWT VLADX=R L=ASMM AND GMT COASTAL Zr?R83S, WC. 1
18. Plain iffs incorporate by reference the allegations set
forth in paragraphs 1 through 17 as if same were set forth fully at
length herein.
19. Vladi it Lukashuk owed to Gerald Michael a duty of care
in the operatio of the 1995 Freightliner tractor and trailer.
20. Vladi it Lukashuk breached the duty of care he owed to
Gerald Michael nd acted negligently by:
a. perating his motor vehicle at an unsafe
peed;
b. aili;g to have his motor vehicle under
'roper and adequate control under the
ircumstances;
C. ailing to maintain a proper look-out
i hile operating his motor vehicle;
d. ailing to use due care in operating his
i ztor vehicle;
e. ailing to have due regard to the point
aad position of the motor vehicle
operated by Gerald Michael;
f. :ailing to warn Gerald Michael of the
approach of his motor vehicle;
g, i=cing without regard for the rights,
:afety and position of the motor vehicle
Laing operated by Gerald Michael;
h. Sailing to avoid a collision with the
rDcor vehicle being operated by Gerald
D lchael, although he should have observed
:tid motor vehicle in sufficient time co
avoid striking it;
i. Sailing to apply his brakes in a timely
S ishion;
3
1 41
IAAR-39-30 16:33 PR011- T-031 P 06/11 f-075
i?
j. :ailing co avoid anocher vehicle lawfully
,n the roadway;
k. .ailing co oe accentive co and make
iecessary observations of the vehicle
,peraced by Gerald Michael; and
1. :ailing to slow or bring his vehicle co a
:top so as co avoid a collision wich the
,ehicle operated by Gerald Michael.
21. The n:gligence exhibiced by Defendant Vladimir Lukashuk
was a proximate cause of the subject mocor vehicle accident.
22. As a iirecc and proximate result of the foregoing, Gerald
Michael has inc.rred the damages previously described.
WHEREFORE, Plaintiffs demand judgment against Defendants in an
amount in exces: of Fifty Thousand Dollars (550,000.00), plus costs
of suit, ince3=st, and all ocher damages deemed recoverable
according to la .
0. .
COUNT II
PL INTIFF GERALD kIC8ACL AND HURL kICnAEL VS.
DEFENDANT VLADIMIR LUYASMM AND GREAT COASTAL EURYSS, INC.
23. Plain iffs incorporace by reference the allegacions sec
forth in paragrNphs 1 chrough 22 as if same were sec forch £L.lly at
length herein.
24. Great Coastal Express, Inc., owed a duty of care co
ensure chat its employees ware competent and willing to operate
motor vehicles in a safe manner and in accordance with Motor
Vehicle Code re-ulacions.
25. Great Coastal Express, Inc., breached said duty of care
by:
failing co establish a screening
process, or establishing an
inadequate screening process for the
hiring of employees for the
operation of tractor and trailers;
hiring Vladimir Lukashuk and
permitting him co operate a tractor
and crailer when is knew, or through
the exercise of reasonable care
should have known, chat he was
incapable and/or unwilling to
4
6.
MAR-29-99 16:33
FROM- T-031 P.OT/1 I. F-OTS.
operate a motor vehicle in a safe
manner and in accordance with Motor
Vehicle Code regulations;
failing cc monitor Vladimir
Lukashuk's employment so as cc
determine whether he was capable
and/or willing co operate tractor
and trailers in a safe manner and in
accordance with Mocor Vehicle Code
regulations;
t. failing to instruct Vladimir
Lukashuk as co the safe, careful and
prudent operation of tractor and
trailers when it knew, or through
the exercise of reasonable care
should have known, chat he was
incapable and/or unwilling co
operate motor vehicles in a safe
manner and in accordance with Motor
Vehicle Code regulations;
failing cc discharge Vladimir
Lukashuk when is discovered, or
through the exercise of reasonable
care should have discovered, that he
was incapable and/or unwilling cc
operate motor vehicles in a safe
manner and in accordance with Motor
Vehicle Code regulations;
failing to establish a policy, or
establisning an inadequate policy
concerning the responsibility of its
employees and/or agents cc operate
motor vehicles in safe manner and in
accordance with Motor Vehicle Code
regulations; and,
encouraging, through the use of
policies, rules, promotions and/or
employee requirements, its employees
and/or agents cc speed and otherwise
engage in reckless and careless
driving.
26. The nt 3ligence exhibited by Great Coastal Express, Inc.,
was a direct a d proximate cause of the subject motor vehicle
accident.
27. As a d.racc and proximate result of the foregoing, Gerald
I .,
VAR-28-88 16:33 FROV-
T-031 P 08/11 F-05
Michael has inc?rred the damages previously described.
WHEREFORE, Plaintiffs demand judgment against Defendants in an
amount in excel of Fifty Thousand Dollars ($50,000.00), plus costs
of suit, ince-est,and all other damages deemed recoverable
according co la7.
COUNT III
FL MMXFF GZRA= 3QCRM A= RAZZL YIC8AEL VS.
DLFXNDlufl ; VLADDQA LUX&SMM AND GREAT COASTAL MRESS, IXC.
28. Plair:iffs incorporate by reference the allegations set
forth in parag•aphs 1 through 27 as if the same were set forth
fully at length herein.
29. The 1 95 Freightliner tractor and trailer being operated
by Vladimir Lu}ishuk, as aforesaid, was owned by Defendant Great
Coastal Express Inc.
30. On th- date and at the time aforesaid, Vladimir Lukashuk
was operating rie 1995 Freightliner tractor and trailer with the
express permis: on oif'Great Coastal Express, Inc., acting by and
through its dul- authorized servants, agents and employees.
31. Defen lanc Great Coastal Express, Inc., by and through its
duly authorized servants, agents and employees, breached the duty
of care it oa:d to Gerald Michael and acted negligently by
permitting vla:imir Lukashuk to operate its 1995 Freightliner
tractor and cra ler although said authorized servants, agents, and
employees knew, or should have known in the exercise of reasonable
care, chat Vlad mir Lukashuk was an incompetent and unsafe driver,
inasmuch as Vla imir Lukashuk was either incapable of or unwilling
co operate sai motor vehicle in a safe, careful, and prudent
manner, and in accordance with all applicable motor vehicle Code
regulations.
32. The n gligence exhibited by Great Coastal Express, Inc.,
was a direct aid proximate cause of the subject motor vehicle
accident.
33. As a4Irecc and proximate result of the foregoing, Gerald
Michael has inc.rred the damages previously described.
WHEREFORE, Plaintiffs demand judgment against Defendants in an
amount in excel: of Fifty Thousand Dollars (550,000.00), plus costs
of suit, intelsst, and all ocher damages deemed recoverable
according to lat.
6
MAR-29-99 16:34 FRM4-
COUNT IV
T-031 F 09/11 F-075
P3 SNTSYI GERALD x1c"n AND RAZRL 1Qc3tm VS.
DEFEMDAM 7 VLIDMaR LUTCUM C AND GREAT COASTAL EXPRESS, IHC.
34. Plaintiffs incorporate by reference the allegations set
farch in paragr phs 1 through 33 as if same were set forth fully at
length herein.
35. Defer lant Great Coastal Express, Inc., is vicariously
liable cc Geral.Michael, inasmuch as Vladimir Lukashuk was acting
during the cour a of and within the scope of his employment at the
time of the sut ect motor vehicle accident.
WHEREFORE, Plaintiffs demand judgment against Defendants in an
amounc in exces: of Fifty Thousand Dollars ($50,000.00), plus costs
of suit, inte3 esc, and all ocher damages deemed recoverable
according co la*.
G.
COUNT V
DL MUTIFF GERALD MICHAEL AM HAZEL IQCHAZL VS.
DEMDANT VLADIIQR LDxASMM A= GREAT COASTAL EXPRESS, =C.
36. Plain iffs incorporate by reference the allegations set
forth in paragr; phs 1 through 35 as if same were sec forth fully at
length herein.
37. As a ;-oximace result of the negligence of Defendants, as
aforesaid, Haze Michael has been compelled, in order co effect a
cure of the injiries cc her husband, to expend substantial monies
for medial expe:ses, and will in the future be required to expend
substantial sum to effect a cure of her husband's injuries.
38. As a F•oximace result of the negligence of Defendants, as
aforesaid, Haz(L Michael has been deprived of the services,
society, earninc3, companionship and affections of Gerald Michael,
her husband, tc her great detriment and loss, and will in the
future continue co be so deprived.
WHEREFORE, the Plaintiffs demand judgment against Defendants
in an amount in - xcess of Fifty Thousand Dollars ($50,000.00), plus
7
C
WAR-26-60 16:35 FROW
r1N
T-031 P II/11• F-075
ATTORNEY'S VERIFICATION
Because c! the unavailability of Plaintiffs to sign a
verification it order to timely file the foregoing Complaint, as
Plaintiffs, cou:sel, I hereby verify that the statements sec forth
in the foregoin Complaint are true to the best of my knowledge and
belief based u, on information previously provided to me by the
Plaintiffs and information contained within their file. I
understand chat false statements herein are made subject to the
penalties of 18 Pa C.S. 54904 relating to unsworn falsification to
authorities.
6. .
Date: February 16, 1999 (/^'? lc??e
Laura R. Rose, Esqu2Cire
State Bar No. 3924
9
41
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Jam (.'Yii'eiu Old/
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.rid//irr?/ir /rr/iun ?•1r'i?//a
May 13, 1999
VIA FEDERAL EXPRESS
Timothy A. Shollenberger, Esq.
1820 Linglestown Road
P. 0. Box 60545
Harrisburg, PA 17106-0545
Re: Michael v. Great Coastal Express. Inc.. et al.
Dear Mr. Shollenberger:
This letter will confirm our telephone conversation on this
date at which time you agreed to act as local counsel on behalf of
Gerald and Hazel Michael in a claim stemming from the November 25,
1996, motor vehicle accident that occurred in Upper Allen Township,
Pennsylvania, resulting in personal injuries and lost wages to
Gerald Michael and loss of consortium for his wife, Hazel Michael.
Pursuant to our agreement, you, as local counsel, will receive
two-thirds of the one-third contingency fee and will advance all
future litigation costs to be recouped from any settlement or jury
verdict.
I am enclosing a copy of my March 30, 1999, letter to Attorney
Peter J. Karoly setting forth the details of the claim, as well as
my entire file regarding Gerald Michael.
Thank you very much for agreeing to act as local counsel on
Mr. Michael's behalf.
Sincerely,
Laura R. Rose
LRR/sm
Enclosures
CC: Mr. Gerald Michael
EXHIBIT
? I'?1 I?. ??..'i?, \I rn;, .?Ip n.., It \.•a,'.
.i. \ll .i IL Pr.I ?141?' \I 11.II•.•I'? H `A\ •1 •I'l1?"d it 4?a 1'\. dl_?1'.
I JII rJ li..y Ir I ? ? L, lle '. _:. ?..i •..r
SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
Attorneys for Plaintiffs
GERALD MICHAEL & HAZEL MICHAEL,
His Wife,
Plaintiffs
V.
VLADIMIR LUKASHUK & GREAT
COASTAL EXPRESS, INC.,
Defendants
•.... ,I S' I V
V
LEIi
IN THE COURT OF COMMON PLEAS
LEHIGH COUNTY, PENNSYLVANIA
NO. 98-C-2849
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
PLEASE ENTER MY APPEARANCE ON BEHALF OF THE PLAINTIFFS,
GERALD MICHAEL & HAZEL MICHAEL IN IN THE ABOVE-CAPTIONED ACTION,
Respactfully Submitted,
By:
DATE: June 4, 1999
Attorney I. D. No.
EXHIBIT
'I
SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number. (717) 234-3700
Fax Number., (717) 234-8212
GERALD MICHAEL & HAZEL MICHAEL,
His Wife,
Plaintiff
V.
VLADIMIR LUKASHUK & GREAT
COASTAL EXPRESS, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
LEHIGH COUNTY, PENNSYLVANIA
NO. 98-C-2849
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND ,VOW, this _ day of June 1999, it is hereby ORDERED and
DECREED that Plaintiffs' Petition to Transfer Venue from the Court of Common Pleas of
Lehigh County, Pennsylvania to the Court of Common Pleas of Cumberland County,
Pennsylvania is GRANTED.
J.
EXHIBIT
SHOLLENBERGER & JANUZZI, LLP
i1 n
16
LEN;GN UNTY. pw
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
GERALD MICHAEL & HAZEL MICHAEL,
His Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
LEHIGH COUNTY, PENNSYLVANIA
NO. 98-C-2849
V.
VLADIMIR LUKASHUK & GREAT
COASTAL EXPRESS, INC.,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PETITION TO TRANSFER VENUE
And Now come the Plaintiffs, GERALD MICHAEL and HAZEL MICHAEL, by and
through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and file the following Petition for
Change of Venue and in support thereof avers the following:
1. On or about November 25, 1998, this lawsuit was instituted by a Praecipe for
Writ of Summons against the above named Defendants.
2. On or about February 16, 1999, the Plaintiffs filed a Complaint against the
above named Defendants.
3. Both the Praecipe for Writ of Summons and the Complaint was filed in the
Court of Common Pleas in Lehigh County and assigned civil action number 98-C-2849.
4. This cause of action arises out of a motor vehicle collision that occurred on
November 25, 1996 on State Route 15 near the intersection of State Route 2004 (West
Lisburn Road) in Upper Allen Township, Cumberland County, Pennsylvania.
5. The Plaintiffs, GERALD MICHAEL and HAZEL MICHAEL, are adult
individuals who currently reside at 203 Northstar Lane, Bunker Hill, West Virginia 25413
sHO"NGEAM I:.V4Z•i LL7
ILVL;%CL!SfOuv ROAD. ?O &St N:'NS•14P1CSd:pr 731'Id,4543
'1'?:a 3'du. qc 'CI 234 r:: .
r?
6. The Defendant, VLADIMIR LUKASHUK, is an adult individual whose last
known address is Route 1, Box 347-8, Mt. Solon, Virginia 22843.
7. The Defendant, GREAT COASTAL EXPRESS, INC., is believed, and
therefore, averred to be an Illinois Corporation which maintains a place of business at 16901
Van Dam Road, South Holland, Illinois 60473.
8. On or about May 13, 1999, Plaintiffs Counsel, Laura Rose, Esq., P. 0. Box
2059, Martinsburg, West Virginia 25402, referred the case at hand to Shollenberger & Januzzi,
LLP, 1820 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania 17110.
9. Elizabeth A. Ontko, Esq., associate of the law offices of Shollenberger &
Januzzi, LLP, filed a Praecipe for Entry of Appearance along with this Petition to Transfer
Venue.
10. Pursuant to Pa. R.C.P. 1006(a) "an action against an individual may be
brought In and only in a county which he may be served or in which the cause of action arose
or where a transaction or occurrence took place out of which the cause of action arose or in
any other county authorized by law."
11. Pa. R.C.P. 1006(d)(1) allows the Court, upon petition of any party, for the
convenience of parties and witnesses to transfer an action to the appropriate court of any
other county where the action could originally have been brought.
12. The Plaintiffs request that this Honorable Court transfer venue to Cumberland
County for the following reasons:
(a) The motor vehicle collision occurred in Cumberland County on Route
15 near the intersection of State Route 2004, West Lisburn Road, in
Upper Allen Township, Cumberland County, Pennsylvania.
(b) The motor vehicle collision was investigated by Officer E. Bricker of the
Upper Allen Township Police Department;
(c) James S. Boyd was a witness to this collision and resides at 1203
North Third Street, Harrisburg, Pennsylvania;
6110LLEMEACCA L JA,%I Z:l UP
1X0 UNCLE.$%w ROAD. AO WN%:5+5. nAJMB :RC A.:71061615
17171:;13-„0. FkA %?, 34$M ..
/'\
(d) Steven Hurley, Jr, was a witness to this collision and resides at 923
Nixon Drive, Mechanicsburg, Pennsylvania;
(e) Diana Hilton was a witness to this collision and resides at 1550
Williams Grove Road, #130, Mechanicsburg, Cumberland County,
Pennsylvania 17055;
(f) The cause of action, transaction, and/or occurrence did not occur in
Lehigh County, and Lehigh County has no connection to the instant
cause of action.
13. For the convenience of the parties and witnesses, the Plaintiffs respectfully
petition this court to transfer venue from Lehigh County to Cumberland County,
WHEREFORE, the Plaintiffs, GERALD MICHAEL and HAZEL MICHAEL,
respectfully request this Court to transfer venue from Lehigh County Court of Common Pleas
to the Cumberland County Court of Common Pleas.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By: FL . )--) ? a ?". 1
Elizab th A. Ontko, sq.
Attorney I.D. #78053
Dated: June 4, 1999
r ?
9CU WAGER Y AAM LLD
IMUW%UTO%1NACA0. PO SOX W5,45.H PA1Sel4L; I. 1'iGr :115
:11 V1: ..
Ca. ,.,prnu..a r. aan
SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number. (717) 234-8212
Attorneys for Plaintiffs
GERALD MICHAEL & HAZEL MICHAEL,
His Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
LEHIGH COUNTY, PENNSYLVANIA
NO. 98-C-2849
V.
VLADIMIR LUKASHUK & GREAT
COASTAL EXPRESS, INC.,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW this 4th day of June, 19991 hereby certify that I have served the
Petition for Change in Venue to the following by depositing a true and correct copy of same in
the United States mail, postage prepaid, addressed to:
Sean P. McDonough, Esq.
425 Spruce Street - 3 ° Floor
Scranton, Pa. 18503
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
C1 \
By: Ll f] i ( C
Giza eth A. Ontko, Esq.
Attorney I.D. #78053
Dated: June 4, 1999
VIL OPERATIONS OFFICE -? 4 606
LEHIGH COUNTY COUR2/' Jac
455 WEST HAMILTON STREET
ALLENTOWN, PA 18101-1614
Ft{ NUMBER (610) 820-3093 (610)782-3657
APRIL 26, 1999
PETER KAROLY, ESQ.
1511-1525 HAMILTON ST
ALLENTOWN PA 18102
RE: 2998-C-2849
GERALD MICHAEL
HAZEL MICHAEL
H/W
VS.
VLADIMIR LUKASHUK
GREAT COSTAL EXPRESS INC
DEAR COUNSEL:
A status conference :n
Judge James Knoll Gardner
Courtroom 2, Lehigh County
Allentown, Pennsylvania.
CIVIL ACTION SUMMONS
JURY TRIAL DEMANDED
the above matter will be held before
on JUNE 24, 1999 AT 9:50 AM in
Courthouse, 455 West Hamilton Street,
All trial counsel and unrepresented parties must appear
promptly at the time scheduled. If any counsel of record is
unavailable because of a prior court attachment, other counsel who
is familiar with the case may appear instead. Notify chambers of
any substitutions at least twenty-four hours prior to the
conference. Failure to appear may result in sanctions, including
dismissal of the case. Clients who are represented by counsel are
not required to attend, but should be available by telephone
during the conference.
At the time of the status conference counsel must present to
Judge Gardner an informal written status conference memorandum,
which shall not exceed two pages in length, and which shall
include the following information:
1. A brief statement of the facts.
2. Your liability contentions.
3. Your damages contentions.
4. Enumeration of all special or liquidated damages claimed.
5. History of settlement negotiations, including all demands
and offers.
Continuances will be granted only in extraordinary
circumstances. Ccntinuance requests must be submitted on an
official continuance form at least ten days before the conference.
Very Truly Yours,
EXHIBIT
? COURT OPERATIONS COORDr
JOANNE NOVAC" /?I NNW
l^ F\
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
GERALD MICHAEL and HAZEL No. 1998-C-2849 COPS(
MICHAEL, husband and wife, )
Plaintiffs, )
V. ) Civil Action
)
VLADIMIR LUKASHUK and )
GREAT COSTAL EXPRESS, INC., )
Defendants. )
WITHDRAWAL OF APPEARANCE ° v 1
TO THE CLERK OF COURTS - CIVIL DIVISION:
c
u
Withdraw my appearance for Gerald Michael and Hazel Michael, husband and
wife.
Date:
:4 ter J. Kafoly, ECqutre
Peter J. Karoly,& A sodate
Attomey IR'No. 34879
-525 Hamilton Street
Allentown, 8102
(510) 437-6840
(610) 432-3377 (Fax)
ti
EX•- -
14
7
SHOLLENBERGER & JANUZZI, LLP
1820 LINOLESTOWN ROAD
P 0 BOX 601411
TIMOTHY A. SHOLLENBERGER HARRISBURG, PA. 17106.0545
Y.4,111 I. lANUZZI
ELIZABETH A. ONTKO• writers Direct E-mail • eao(blshollianlaw cam
A'°°?°'^•'"^I^-•w June 17, 1999
Sean P. McDonough, Esq.
425 Spruce Street - 3" Floor
Scranton, Pa. 18503
RE: Michael v. Lukashuk, et al.
Dear Mr. McDonough:
1117)2)4•)100
FAX (711) 234.8212
with Awn m ElWberhvdle (711) 762.4472
Wllkn•8um (S70) 822-0711
Enclosed please rind an application for continuance in the above matter. As yoL
know, a status conference is scheduled for June 24, 1999 before Judge Gardner. I
wrote you a letter on May 25, 1999 informing you of my intention to file a Petition to
Transfer Venue. That Petition was filed on June 9, 1999, and to date, I have not heard
back from the Court.
I would ask that you sign the enclosed application for continuance and indicate
after your signature if you oppose or do not oppose this continuance. For the sake of
saving time, I would ask that you file the application with the Lehigh County Court
Administrator as soon as possible. Should you not want to assume the filing of this
document, please send it back to me as soon as possible so that I may file it.
Thank you for your kind attention to the above.
Very truly yours,
``? U L
Elizabeth A. Ontko
EAO
Enclosure
EXHIBIT
-Ilt+.2a.1 33 12:23Prr OLMHERTY,LEVENTHALRPRICE' Jun 1b "!'JN0.120: %i P.a
IN THE Cl:? .lK COPIKON PLUGS OF LEHISk .OUNT?
. p£NM6t'LVANIq
APPLICATION FOR CO91KA1C
-
-Oa stall pelht pest or tyPOariter. pule sure all Cta.les are legible.
P46413
2-Oa
separate copies. pR7lriP9 czrrnal mall auooit all cosies to other
eotclreiRit in SWILCM IV and lndteate runner the conitre,artce is tarpoeed a Co,+ `a?,+r a .no "he. tn.
l •,1! aitn
J^Tlq entire 4" vyll en o,0rtitted to the gyinistratlw Judge. The court sill indicate the aL-tls
kakon in Section VI. s"Plrlrtg cotAael mall sae that the original and copies are b,ded to tt?.
Office of thtt Court Adsinistratar far distribution,
I- APPLICATION 19 HEREITY BADE TO CtMrr, M THE FOLLOWING CASES,
CFRAID M10{4EL VS VLADIMIR UAfAS;lx 6
and WEL MIOi4EL MEAT 03ASTAL ,(PRESS, INC. ~O' 98-C-2849
COMANICli CASE:
rase scftdjled fort ( ) pr'e-Iksarlry comer ance t ) Pro-Tula! C n4a s"Ce t ) o-Tu...,c
C) Bering [ ) Trial
t ) arattratio,
1 7 Misc. court C) Pre-Trial Betelenpht
an June 24, 1999' othrr Status
List No. Conference
Ile NUMBER OF PREVIOUS CONTINUANCES 0
by plaineift, or Defenaane
III. APPLICATION 18 MADE FOR THE FOLLOWING FEASONSt
Plaintiff's dounsel recently accepted case from referring counsel, Laura Rose;'Esq, from l'/est
Virginia. Plaintiff's counsel filed a'Petition to Transfer Venue with this court on June 9,
1999. P 'miff's coups I re ests a continuance pending the outcome of Petition to Transfer
Venue. 6/16/99
Plaintiffs
....
Iv. APPLICATION Ig OppOSED/UNOppO5ED FOR THE FOLLOWING REASONS,
? ...... !' / 7 9
VI
SITRATION CABEq, 1 ) Date MPrau.ed by A"itratlon Clerk
1 ) Arbitrators notified
ACTION TAKEN Sy THE COURT,
d J APPlication It 9raet4d and kM ease It conktnued
C 1 Senerallr
t ) Next A•atlable list
C 1 T o
f 1 To a nw data
altAln to be scheduled
- dart
strlDUtfanr Mt1ta CCry - Cltmt of Courts
Hllor Copp - Court ad•inietrato-•
and NOW,
t "P?Ilcatien la reiuwd
1 ) pa Further continuance,
JUMIE
Pink Cdof - Dkrfendant
cold COPY - Plaintiff or 0400.1 EXHIBIT
1
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661'
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717-234-3700 ? BM 3rd
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Sean P. McDonough, Esq. ?AovA"Co W 11
5I,"1 Addroo• a" Relvemo N yips, m w.oa•
425 Spruce Street - 3rd Floor BKO
city OIAI• IF OOEjA#qwwi ,.WW ..nf ry «tn,au. '),CHECMIF
Scranton Pa. 18503 /
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yet /ut ..d• day 00.0,v HOW 41
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Gerald Michael v. Lukashuk et al
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EXHIBIT i
ILCI.,?4.1999 12:22PM DOUGHERTY.LEVENTHRL&PRICE
r1
facsimile
T R A N S M I TT A L
NO. 12k --P.1-
to: Elizabeth A. Ontko, Esquire
fax 0: (717) 234-8212
re: Michael vs. Great Coastal
data: June 24, 1999
P111196s; 4 including this cover sheet.
NOTICE OF CONFIDENTIALITY
The information contained in and transmitted in this facsimile is:
1. Subject to the Attomcy/Client privilege;
2. Attorney work product; or
3. Confidential
It is intended only for the individual or entity designated above. You are hereby notified
that any dissemination, distribution, copying, or use of or reliance upon the information
contained in the transmittal with this facsimile by or to anyone other than the recipient designated
above by the sender is unauthorized and strictly nrohlblted. If you have received this facsimile
in error, please notify DOUGHERTY, LEVENTHAL & PRICE by telephone at (570) 347.1011
immediately, Any facsimile erroneously transmitted to you should be immediately returned to
the sender by U.S, mail, or if authorization is granted by the sender, destroyed.
From the desk of..
Lorle A. Schroeder
Paralegal
DOUGHERTY. LEVENTHAL 6 PRICE, L.L.P.
425 Spruce street Third Fkmr
Scranton, PsnnrMnla 11500
(570) 347.1011
For EXHIBIT
I -
.?.....6."III Lr vurtrwLSrkI(lL
PATRICK E DOUGHERTY•
CAL A.LEVENTHAL
JOSEPH G. PRICE•
SEAN P. McDONOUGH
LAMES A WETTER
WCHAPL A. BRADY
THOMAS P. CUMMINGS
JUDITH GARDNER PRICE
ELAINE COOK••
BRIAN 0. PRICE
PAUL T. OVEN
JOHN P. FINNERTY
Of Counsel:
JOSEPHI. HESTON
Elizabeth A. Ontko, Esquire
1820 Unglestown Road
P.O. Box 60545
VIA FAGS Pennsylvania 17106.0545
DAILE (717) 294-8212
Re: Miel+ael w t^. C=
Dear Liz:
June 24, 1999
459 WYOMING AVENUE
KINGSTON. PA 18704
(570)288.1427
P.O. BOX 470
HONESDALE. PA 18431
(570) 253.3161
e Board CeniEed in Civil
Trial Advocacy by the
National Board of Trial
Advocacy
" Also admitted to
Practice in Texas
As per our conversation on today's date, enclosed please find the Application for
Continuance as well as die cover letter which was forwarded to Lehigh County on June 21, 1999.
I have also faxed a copy of the above to Judge James Knoll Gardner.
I apologize for the confusion.
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
ATTORNEYS AT LAW
425 SPRUCE STREET. 3rd FLOOR
SCRANTON. PA 18503
(570)347.1011
FAX (570) 347-7028
E-Mail Address DLP425&ol,com
Very Truly Yours,
Lurie A. Schroeder, Paralegal
Avj a. jNO. LIM 'P.2--, -
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
apone c aug ton - era c
_SJ
^lJ' tJ
.J }
0 J
From: Liz Ontko
To: Marjorie McNaughton
Date: Thu, Jun 24, 1999 8:32 AM
Subject: Gerald Michael
ASAPI Please look in the file and find Judge who Is suppose to be handling the status conference today.
Call his office and inform them that we filed a Pracelpe for Continuance about a week ago but never heard
anything back. We have a Petition to Transfer Venue pending with the Lehigh Court of Common Pleas.
Please make sure that they are not expecting us today. THANKS. Oh, the defense attorney was
agreeable to continuance and signed it and forwarded to the Court Administrator.
l"
A
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EXHIBIT
JUM Z 819
DOUGHERTY, LEVENTHAL & PRICE. L.L.P.
ATTORNEYS AT LAW
PATRICK E. DOUGHERTY•
CAL A. LEVENTHAL
JOSEPH G. PRICE*
SEAN P. McDONOUGH
JAMES M. WETTER
MICHAEL A. BRADY
THOMAS P. CUMMINGS
JUDITH GARDNER PRICE
ELAINE COOK"
BRIAN G. PRICE
PAUL T. OVEN
JOHN P. FINNERTY
425 SPRUCE STREET, 3rd FLOOR
SCRANTON. PA 18503
1570)347.1011
459 WYOMING AVENUE
KINGSTON, PA 18704
1570)288.1427
FAX (570)347.7028
E-Mail Address: DLP425iioaol.com
Of Counsel: June 25, 1999
IOCFPH J. HF.STnV
Elizabeth A. Ontko, Esquire
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Re: Michael vs. Lukashuk et al.
Dear Elizabeth:
P.O. BOX 470
HONESDALE. PA 18431
(570)253.3161
• Board Cenified in Civil
Trial Advocacy by the
National Board of Trial
Advocacy
•• Also admitted to
Prav1;6e in'fa.vas
This will confirm my phone conversatiun with you on Thursday, June 17, 1999, wherein
I indicated that we have no objection to the change of venue in this case.
Thank you.
Very Truly Yours.
DOUGHER Y, LEVE\THAL & PRICE L.L.P.
BY: Z? 6 t
can P. McDonough. Esquire
SP\I,las
- w
EXHIBIT
? N
COPY
COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
GERALD MICHAEL,
HAZEL MICHAEL,
Plaintiffs
vs.
GREAT COSTAL EXPRESS, INC.,
VLADIMIR LUKASHUK,
Defendants
STATUS CONFERENCE ORDER
NOW, this 24'" day of June, 1999, after status conference
scheduled for 9:50 a.m. with the undersigned on this date, at which no
counsel or parties appeared; it appearing that this case was commenced on
November 25, 1998 by the filing of a praecipe for summons by Peter J.
Karoly, Esquire on behalf of plaintiffs; it further appearing that on January
28, 1999, a praecipe for entry of appearance on behalf of both defendants
was entered by Sean P. McDonough, Esquire; it further appearing that on
February 16, 1999, a complaint was filed on behalf of plaintiffs by Peter J.
Karoly. Esquire; it further appearing that on April 26, 1999, Peter J.
Karoly, Esquire and Sean P McDonough, Esquire were served with
NO. 1998-C-2849
notice of a status conference to be held before the undersigned on June 24,
1999 at 9:50 o'clock a.m, in Courtroom Number 2, Lehigh County
Courthouse, 455 West Hamilton Street, Allentown, Pennsylvania; it further
appearing that on June 9, 1999, a praecipe for appearance for plaintiffs was
filed by E. A. Ontko, Esquire; it further appearing that on June 17, 1999, a
praecipe for withdrawal of appearance for plaintiffs was filed by Peter J.
Karoly, Esquire,
IT IS ORDERED that the Complaint in the within matter is
dismissed.
IT IS FURTHER ORDERED that a rule is issued upon Peter J.
Karoly, Esquire, E. A. Ontko, Esquire and Sean P. McDonough, Esquire to
show cause why they should each not be held in contempt of court for
failing to attend the pre-trial conference . Rule returnable July 21, 1999,
9:00 o'clock a.m.. Courtroom 2, Lehigh County Courthouse, 455 West
Hamilton Street, Allentown, Pennsylvania.
By the Court:
rJames Knoll Gardner, P.J.
w
e
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
V
GERALD MICHAEL AND HAZEL No. 1998-C-2849
MICHAEL, his wife,
r v
Plaintiffs
0C->,
VS. r ca
GREAT COASTAL EXPRESS, INC.,
VLADIMIR LUKASHUK, =i Q
Defendants ro
ORDER OF COURT
NOW, this 14th Day of July, 1999,
upon consideration of Plaintiffs' Motion to vacate Status
Conference Order presented this date and by agreement of
counsel for the parties, Elizabeth A. Outko, Esquire,
counsel for plaintiffs; Joseph a. Holko, Esquire, local
counsel for plaintiffs; Edward R. Eidelman, Esquire, former
counsel for plaintiffs and Sean McDonough, Esquire, counsel
for defendants,
IT IS ORDERED that plaintiffs' motion to
vacate status conference order is granted,
IT IS FURTHER ORDERED that the rule issued
upon Peter J. Karoly, Esquire, Elizabeth A. Outko, Esquire
and Sean P. McDonough, Esquire issued as part of the status
conference order on June 24, 1999 is discharged and
? ReEes li Mw?CdA dOttneN ddw Oog1 ddtwn
PMee (LAO ONeq, AnWROnl. PA do nenify MN d11? 1.
K WW Owma ODPY of the aiprui raved filed in wd Corn MOW 0 11 4IN
Abdit S Nalk. Clerk of Couns ropf o O ?R 6 pEG SE
--??? C, L.ED 9'O ALL Wraf'g8
2fkFMF-B BY:
dismissed.
IT IS FURTHER ORDERED that the complaint of
the within matter is reinstituted.
r
-2-
M
0--N 1 .-1
LIST w ' LITIGANTS' AND ATTORNEYS P"A CASE
'CVADDLST' as of 08-Sep-1999 12:22:28 Page: 8
TERM NUMBER NAME ADDRESS
aamsvsmmmmmvavsammsassmmasamwammanavamaamaaaaassaaaasavsamvavavmavmvavvsmam
1998-C-2849 JOSEPH A. HOLKO, ESQ. SOVEREIGN BLDG
609 HAMILTON MALL
ALLENTOWN PA 18101
aaassmmmmmmaamasmasasaasaaammsnnaaammaanmaaamsvamaamamaaaaaammemmaasnmaasas
1998-C-2849 ELIZABETH A ONTKO, ESQ. PO BOX 60646
1820 LINGLESTOWN RD
HARRISBURG PA 17108
mmmmmvmsasammaavamamavaaaamvmavamaasaaaaaaaamasassssamaaaaaaamavsavammmaaaa
1998-C-2849 SEAN P MCDONOUGH, ESQ. 3RD FLOOR
426 SPRUCE STREET
SCRANTON PA 18603
mmmssvtmmmmvmmemassammmaaaamamvvsansmaamaaammmmmmasamsaaamammaaamwamammmmsa
I
1
? ti
GERALD MICHAEL AND HAZEL : IN THE COURT OF COMMON PLEAS
husband & wife,
MICHAEL OF LEHIGH COUNTY
,
Plaintiff CIVIL ACTION - LAW
vs : JURY TRIAL DEMANDED
.
VLADIMIRLUKASHUK,
: ? _ ro r?l
and ,
w
s
GREAT COSTAL EXPRESS, INC. s
s
Defendant NO. 98-CML - 2849
CERTIFICATE, OFSF,RVICE
1, SEAN P. .\IcDONOUGI-I, ESQUIRE, herehy certify that on the r.?day of
i IN L4 - 1999, 1 served the foregoing INTERROGATORIES AND DOCU`IEN'I'
REQUEST upon the persons indicated helow, by placing same in the U.S. \lail, postage
pre-paid.
PI 1'ERJ. KAROLY, ESQUIRE
ELIZABETH ONI'KO, ESQUIRE
1511-1525 I-IAA ILTON ST.
ALLENTOWN, PA. IBI02
A*nlt 0.CxalefCbran/lblttawhn/f1+.a.,
RA CmwY. Nlm rr* r1. PA rk,
e and rrnoct copy of tfk a,111 JI , •, „•; r
? Irr;
AtxLCU Naw:1°. r i-,l
VAft ,
Respectfully suhmiued,
DOUGIIEI "Y, 1,E\'1:\"['1I1\1 ` PR1CG 1..[..P
SEAN R.WDONOUGI-I, ES S6 IRE
A VC
Attorneys for Defendants
17Q,-\,l
'',*N
SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106.0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
GERALD MICHAEL AND HAZEL
MICHAEL, his wife,
Plaintiffs
V.
GREAT COASTAL EXPRESS, INC.,
VLADIMIR LUKASHUK,
Defendants
r ?rn t' w
'? ^ 1
IN THE COURT OF COMMOrN PLEAS:T
LEHIGH COUNTY, PENN$YLVAMA
NO. 98-C-2849
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' ANSWER TO DEFENDANTS' NEW MATTER
AND NOW come the Plaintiffs, GERALD MICHAEL and HAZEL
MICHAEL, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and
files the following Answer to Defendant's New Matter:
39. Denied as a legal conclusion pursuant to Pa. R.C.P. 1029(e).
40. Denied as a legal conclusion pursuant to Pa. R.C.P. 1029(e).
41. Denied as a legal conclusion pursuant to Pa. R.C.P. 1029(e).
42. Denied. Paragraph 42 of the Defendants' New Matter Is in the
nature of a conclusion of law and to that extent requires no answer. However, to the
extent that an answer is required, this action was timely filed and is not barred by the
statute of limitations.
43. Paragraph 43 of the Defendants' New Matter is in the nature of a
conclusion of law and to that extent requires no answer. To the extent that an answer
is required, the Plaintiffs' claim are not barred by contributory negligence because
Plaintiff, GERALD MICHAEL, was not negligent and there are no facts supporting that
he operated his vehicle in a negligent manner.
Q?lelQ,q,4???e?Rinie*j?Lasawlegal conclusion pursuant to Pa. R.C.P. 1029(e).
sand 0" "'A 4n rmir, th" rh;, co?rocYCOWoftheminri.aIrij,, r.
A4*C8 EL N841c. Clerk r !' tirn.
?! a3
o. ?
1q
45. Denied as a legal conclusion pursuant to Pa. R.C.P. 1029(e).
WHEREFORE, Plaintiffs, GERALD and HAZEL MICHAEL, respectfully
requests this Honorable Court to enter judgment in their favor and against the
Defendants and to dismiss the Defendants' New Matter with prejudice and grant them
the relief requested In their Complaint as a matter of law.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By: ,.1. a1 Cc aL
Qlizabbth A. Ontko, sq.
Attorney I.D. # 78053
Date: August 20, 1999
i
SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
GERALD MICHAEL AND HAZEL
MICHAEL, his wife,
IN THE COURT OF COMMON PLEAS
LEHIGH COUNTY, PENNSYLVANIA
Plaintiffs
V.
GREAT COASTAL EXPRESS, INC.,
VLADIMIR LUKASHUK,
NO. 93-C-2849
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
CERTIFICATE OF SERVICE
AND NOW this 22nd day of July, 19991 hereby certify that I have served
Answers to Expert Interrogatories to the following by depositing a true and correct copy
of same in the United States mail, postage prepaid, addressed to:
Sean P. McDonough, Esq.
Dougherty, Leventhal & Price, LLP
425 Spruce Street, 3 d Floor
Scranton, Pa. 18503
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
Eliza th A. Ontk
Attorney I.D. #78053
Dated: August 20, 1999
GERALD MICHAEL AND HAZEL
MICHAEL, husband & wife,
vs.
Plaintiff
,r-
: IN THE COURT OF COMMON PLEAS
: OF LEHIGH COUNTY
CML ACTION - LAW
JURY TRIAL DEMANDED
VLADIMIR LUKASHUK,
s r+ and
: m r•`'-i
y
GREAT COSTAL EXPRESS INC %P
.1 T
1
7
s y ? t
Defendant s NO. 98-CIVIL-2849
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW LMA77ER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF,
OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
r /
SEAN P. MCDONOUG SQUIRE
Attorneys for Defendants
425 Spruce Street, Third Floor
Scranton, PA 18503
(570) 347-1011
+s tdl NiRp QI?Y.NkItaMU, M do rrml? • y>, Ih
and cartes( copyortkonglmlrrmnlydrr!n..niJi ., ,.
Au6h B ?k, Ckrk ar Gvn,
4t
11
GERALD MICHAEL AND HAZEL : IN THE COURT OF COMMON PLEAS
MICHAEL, husband & wife, : OF LEHIGH COUNTY
Plaintiff : CIVIL ACTION - LAW
Vs. : JURY TRIM. DEMANDED
VLADIMIR LUKASHUK, :
and :
s
GREAT COSTAL EXPRESS, INC. s
Defendant s NO. 98-CIVIL-2849
:st:ttts::M:i:::iit:iiiSSSS:ti:::i:::iti:::::::::
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT
AND NEW MATTER
AND NOW comes the Defendants, VLADVvIIR LUKASHUK AND GREAT
COASTAL EXPRESS, INC., by and through their counsel, the Law Firm of DOUGHERTY,
LEVENTHAL & PRICE, L.L.P., and responds to Plaintiffs Complaint as follows:
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. The allegations of paragraph nine are conclusions of law to which no response is
a
!0--?
deemed necessary.
cep,
10. Denied. After reasonable investigation, the Answering Defendants are without
sufficient knowledge to form a belief as to the truth of the averments of paragraph ten.
11. Denied. After reasonable investigation, the Answering Defendants arc without
sufficient information to form a belief as to the truth of the averments of paragraph eleven.
12. Denied. After reasonable investigation, the Answering Defendants are without
sufficient information to form a belief as to the truth of the averments of paragraph twelve .
13. Denied. After reasonable investigation, the Answering Defendants are without
sufficient information to forth a belief as to the truth of the averments of paragraph thirteen.
14. Denied. After reasonable investigation, the Answering Defendants are without
sufficient information to form a belief as to the truth of the averments of paragraph fourteen.
15. Denied. After reasonable investigation, the Answering Defendants are without
sufficient information to form a belief as to the truth of the averments of paragraph fifteen.
16. Denied. After reasonable investigation, the Answering Defendants arc without
sufficient information to form a belief as to the truth of the averments of paragraph sixteen.
17. Denied. After reasonable investigation, the Answering Defendants are without
sufficient information to form a belief as to the truth of the averments of paragraph seventeen.
18. Answering Defendants incorporate their answers to paragraphs 1-17 as though
the same were set forth fully at length herein.
19. The allegations of paragraph nineteen are conclusions of law to which no
41
rte, ( n
response is deemed necessary.
20. Denied.
21. Denied. It is specifically denied that Defendant (s) acted in a negligent manner.
22. Denied. After reasonable investigation, the Answering Defendants are without
sufficient information to form a belief as to the truth of the averments of paragraph twenty two.
23. Answering Defendants incorporate their answers to paragraphs 1-23 as though
the same were set forth fully at length herein.
24. The allegations of paragraph twenty four are conclusions of law ?o which no
response is deemed necessary.
25. Denied.
26. Denied.
27. Denied. After reasonable investigation, the Answering Defendants are without
sufficient information to form a belief as to the truth of the averments of paragraph twenty seven.
28. Answering Defendants incorporate their answers to paragraphs 1-27 as though
the same were set forth fully at length herein.
29. Admitted.
30. Admitted.
31. The allegations of paragraph thirty une are conclusions of law to which no
response is deemed necessary.
I{
32. Denied.
33. Denied.
WHEREFORE, the Defendants, Vladimir Lukashuk and Great Coastal Express, Inc.
demandjudgement in their favor and dismissal of Plaintiffs Complaint.
34. Answering Defendants incorporate their answers to paragraphs 1-33 as though
the same were set forth fully at length herein.
35. The allegations of paragraph thirty five are conclusions of law to which no
response is deemed necessary.
WHEREFORE, the Defendants, Vladimir Lukashuk and Great Coastal Express, Inc.
demand judgement in their favor and dismissal of Plaintiffs Complaint.
36. Answering Defendants incorporate their answers to paragraphs 1-35 as though
the same were set forth fully at length herein.
37. Denied. It is specifically denied that Defendants acted in a negligent manner.
38. Denied. It is specifically denied that Defendant acted in a negligent manner.
WHEREFORE, the Defendants, Vladimir Lukashuk and Great Coastal Express, Inc.
demand judgement in their favor and dismissal of Plaintiffs Complaint.
39. Plaintiffs' damages and injuries were caused by Plaintiffs' own negligence; and
accordingly, the claim against the Defendants should be dismissed.
69
11'?,
40. Plaintiffs' claim is barred and/or limited in accordance with the provisions of the
Pennsylvania Comparative Negligence Act.
41. Plaintiff assumed the risk of their damages and injuries; and accordingly, the claim
against the Defendants should be dismissed.
42. Plaintiffs' claim is barred and/or limited in accordance with the applicable statute
of limitations.
43. The claim of the Plaintiffs is barred by contributory negligence
44. Plaintiffs' claim is barred and/or limited in accordance with the Pennsylvania
Motor Vehicle Financial Responsibility Act and/or No-Fault Act in effect at the time of the
accident.
45. Plaintiffs did not sustain serious injuries and/or serious impairment of bodily
functions so plaintiffs are not entitled to recover for noneconomic losses.
Respectfully Submitted,
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
8y: Z 1.2` " • -,0-'
SEXN P. MCDONOUG , ESQUIRE
425 Spruce Street
Third Moor
Scranton, Pennsylvania 18503
(570) 347.1011
r L,
GERALD MICHAEL AND HAZEL : IN THE COURT OF COMMON PLEAS
MICHAEL, husband & wife, s OF LEHIGH COUNTY
Plaintiff s CIVIL ACTION - LAW
VS. s JURY TRIAL DEMANDED
:
VLADIMIR LUKASHUK, :
and s
:
GREAT COSTAL EXPRESS, INC. :
:
Defendant s NO. 98-CML - 2849
:s:::s::ssss:::s:::ssssssss:s::sssssssss:sss:s:::sss::s:s::ss:::sss::sss:ss:ss:::sss:ssssss:s::s:::::::::::::::s:ss:ss
CERTIFICATE OF SERVICE
I, SEAN P. McDONOUGH, ESQUIRE, hereby certify that on the /7day of
1999, I served the foregoing ANSWER AND NEW MATTER OF THE
DEFENDANTS upon the persons indicated below by placing same in the U.S. Mail, postage
pre-paid.
PETERJ. KAROLY, ESQUIRE
ELIZABETH ONTKO, ESQUIRE
1511.1525 HAMILTON ST.
ALLENTOWN, PA, 18102
Respectfully submitted,
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
By:
SEAN P. McDONOUGH, E QUIRE
Attorneys for Defendants
4.
y.. •. iau1... ti... r. . r. r..:. .:.:?. 1 /P?'':.?!sb9,Hir.M?YMX?Y.a
,--,I
VERIFICATION
1, SEAN P. McDONOUGH, ESQUIRE, am the attorney for the Defendants, VLADIMIR
LUKASHUK and GREAT COASTAL EXPRESS, INC., and hereby verify that the statements
made in the within ANSWER AND NEW MATTER are true and correct to the best of my
knowledge, information and belief. The undersigned understands that false statements hereunder
made are subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unworn falsification
to authorities.
SEAN P. McDONOUG , ESQUIRE
DATED:
GERALD MICHAEL AND HAZEL : IN THE COURT OF COMMON PLEAS
MICHAEL, husband & wife, OF LEHIGH COUNTY
Plaintiff s CIVIL ACTION - LAW
VS. s JURY TRIAL DEMANDED
VLADIMIR LUKASHUK, s
and
GREAT COSTAL EXPRESS, INC. s
s
Defendant s NO. 98-CIVIL-2849
NOTICE OF TELEPHONE DEPOSITIQN n
r c.
TO: GERALD AND HAZEL MICHAEL
0
c/o Elizabeth A. Ontko, Esquire T
=c m
1820 Linglestown Road =P r
P.O. Box 60545 co
Harrisburg, Pa. 17106-0545 W
0
Please take notice that on September 14, 1999 at 9:00 a.m., Defendants, Vladimir
Lukashuk and Great Coastal Express, Inc., by and through their counsel, DOUGHERTY,
LEVENTHAL & PRICE, L.L.P., will take the deposition of Plaintiffs, GERALD AND HAZEL
MICHAEL, via telephone, upon oral examination pursuant to the Pennsylvania Rules of Civil
Procedure before an Officer authorized by law to administer oaths.
The scope and purpose of this deposition is to substantially aid in the preparation of the
trial of this matter.
DOUGHER , LEVENT L PRICE, I,.L.P.
By:
S N P. McDONOUGH, ESQUI
Attorneys for Defendant
425 Spruce Street, Third Floor
Scranton, PA 18503 LAdsILPh%*.Cledotoftm0l00
(570) 347-1011?faPw`
000 Of d:iOCmay.Alimown,PAdovmif%th4ts i. •,
in* tad om ay copy of the tninal tavmi f i Inl ip .uA
„DATED: August 3, 1999 An&ft R NwSk, Ctarh vl Ceti t
4 y _ \?
GERALD MICHAEL AND HAZEL
MICHAEL, husband & wife,
Plaintiff
Vs.
VLADIMIR LUKASHUK,
and
GREAT COSTAL EXPRESS, INC.
s IN THE COURT OF COMMON PLEAS
s OF LEHIGH COUNTY
s
i CIVIL ACTION - LAW
s JURY TRIAL DEMANDED
i
s
Defendant : NO. 98-CIVIL - 2849
S ttttittitittiitiittttstttisti tissstti 3i:1:Stitt titiiiiiiiiiiiiil3iiiiiiiiiiiiiilSiiiiiiiiiiiifiiiiiii
CERTIFICATE OF SERVICE
I, SEAN P. McDONOUGH, ESQUIRE, hereby certify that on the _4?ay of
?1999,1 served the foregoing NOTICE OF TELEPHONE DEPOSITION
upon the persons indicated below by placing same in the U.S. Mail, postage pre-paid.
ELIZABETH ONTKO, ESQUIRE
1820 LINGLESTOWN ROAD
P.O. BOX 60545
HARRISBURG, PA. 17106.0545
Respectfully submitted,
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
By: A ? Z..' - (??A S AN P. McD OUGI- , SQU E
ttorneys for Defendants
I
ti
Y
GERALD MICHAEL AND HAZEL
MICHAEL, husband & wife,
Vs.
t IN THE COURT OF COMMON PLEAS
: OF LEHIGH COUNTY
: CIVIL ACTION - LAW
s JURY TRIAL DEMANDED
Plaintiff
VLADIMIR LUKASHUK,
a. Vladimir \I. Lukashuk
b. None
C. Spouse's name - Lydmila
Date of iLlarriage - August 20, 1972
Place of ,Marriage - 8elarussia
and
GREAT COSTAL EXPRESS, INC. s r
?. w
i o ??, o
Defendant i NO. 98-CML - 2849 yt' c
N N w
DEFENDANTS. VLADIMIR LLJKASHUKA??D RFAT r OACTAi tc occonwTeS 1p°,
PLAINTIFF'S INT .RROGATORIES
? T
AND NOW comes the Defendants, Vladimir Lukashuk and Great Coastal Express, Inc.'s
response to Plainti0's Interrogatories and Request for Production of Documents as follows:
d. 243 Old Mountain Road, Mi. Solon, Va. 22843
C. Occupation - truck driver
Employer - Illystic Island Transportation, Brockton, MA,
f. Date of birth - Nlarch 12, 1051 ?? ?kCWjorommofd,Cl+minfc ,w.
(3 MMy, Alknlman. PA cki caul) nu, ud, ..
" 7Tatcopyoflbeonpm,11u ad I. ilm ,o•nidfnm
Andrft _ H. Nk. C Irrl of f n, its
-?r??-`-L
C
Oste
g. Sorial Security Nnndwr - 622-12-267-1
It. None
1. High School #16, Belarttssia
2. See police report attached to Defendant's Response to Plaintiffs Request for
Production of Documents. Defendants reserve the right to supplement response at any time
prior to trial.
3. Defendants have not identified witness' at this time. Defendants reserves the right
to supplement response at any time prior to trial.
4. Defendants have not conducted any investigations of the accident scene u, date.
Defendants reserve the right to supplement response at any time prior to trial.
5. None in the possession of the Answering Defendants. Defendants reserve the
right to supplement response at any time prior to trial.
6. See police report attached to Defendants' Response to Plaintiffs Request for
Production of Documents. Defendants reserve the right to supplement response at any time
prior to trial.
7. Will be provided at a later date.
8. See police report attached to Defendants' Response to Plaintiffs Request for
Production of Documents. Defendants reserve the right to supplement response at any time
prior to trial.
9. No recorded statement was forwarded to I.iherty Mutual. Defendant will
supplement if such a statement conies to light.
? I
10. Answering Defendant, Vladimir Lukashuk was covered by insurance provided by
Great Coastal Express, Inc. See Declaration Sheet attached to Defendants' Response to
Plaintiff's Request for production of Documents.
11. This question cannot be answered until Plaintiffs Deposition.
12. See number 11.
13. Defendants have not identified expert witness' at this time. Defendants reserve
the right to supplement response at any time prior to trial.
14. None identified by Defendants at this time. Defendants reserve the right to
supplement response at any time prior to trial.
15. a. Commercial Driver's Ucensc, Class A
b. August 18, 1995
C. Issued rebruary 24, 1997; expires March 31, 2001
d. Commonwealth of Virginia
C. Driver's License Number - 622-32.2674
f None
g. None
16. No
17. None
18. None
19. None
20. No
21. None identified by Deli•ndants at this time. Defendants reserve the right to
supplement response at any time prior to trial.
22. a. 't'ruck driven by Defendant, Lukashuk, was owned by Defendant, Great
Coastal Express, Inc.
b. Defendant, Lukashuk, was alone in vehicle.
C. Freightliner 1996
23.
24.
25. Defendant, Lukashuk, was traveling North on Rt. 15. It was raining. When
Defendant, Lukashuk went to stop, the truck slid and there was traffic in the left lane so he could
not move to that lane. Defendant, Lukashuk believes he was traveling approximately 13 m.p.h.
when he hit the truck ahead of him.
26. None at this time. Defendants reserve the right to supplement response at any
time prior to trial.
Answers Respectfully Submitted,
DOUGHERTY, LEVENTHAL & PRICE, L.I.P.
BY: aw(ZIL t?4L14k?
SEAN P. MCDONOUGH, ESQUIRE
425 Spruce Street
Third floor
Scranton, Pennsylvania 1850:3
(570) 347-1011
41
GERALD MICHAEL AND HAZEL
MICHAEL, husband & wife,
Plaintiff
?'I-r
VLADIMIR LUKASHUK,
and
GREAT COSTAL EXPRESS, INC.
: IN THE COURT OF COMMON PLEAS
: OF LEHIGH COUNTY
s
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
:
s
Defendant NO. 98-CML - 2849
CERTIFICATE OF SERVICE
1, SEAN P. McDONOUGH, ESQUIRE, hereby certify that on the 2y d of
LV\ 1999, 1 served the foregoing RESPONSE OF THE DEFENDANTS TO
PLAINTIFF'S INTERROGATORIES AND DOCUMENT REQUEST upon the persons
indicated below by placing same in the U.S. Mail, postage prepaid.
ELIZABETH A. ONTKO, ESQUIRE
1820 LINGLESTOWN ROAD
P.O. BOX 60545
HARRISBURG, PENNSYLVANIA 17106.0545
Respectfully submitted,
DOUG[IERTnY, LEVENTHAL & PRICE, L.L.P.
By: ...`c' C
SEAN P. McDONOUGH, ESQUIR
Attorneys for Defendants
"?\ r
GERALD MICHAEL AND HAZEL
MICHAEL, husband & wife,
Plaintiff
Vs.
VLADIMIR LUKASHUIS,
and
GREAT COSTAL EXPRESS, INC.
: IN THE. COURT OF COMMON PLEAS
: OF LEHIGH COUNTY
s
CML ACTION - LAW
JURY TRIAL DEMANDED
n`p^ O
cQ c
pi
/A
1 r
r?
Defendant NO. 98-CIVIL-2849
.. . ... .. . .. ......... . .. .
DEFENDANT'S RESPONSE TO
PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS
AND NOW comes the Defendants, VI.ADIhIIR LUKASHUK & GREAT COASTAL
EXPRESS, INC. and responds to Plaintill's Request for Production of Documents as follows:
I. See documents attached hereto. Defendants reserve the right to supplement
response at any time prior to trial.
2. See police report attached hereto. Dclcndants reserve the right to supplement
response at any time prior to trial.
3. See police report attached hereto. Defrndants reserve the right to supplement
response at any time prior to trial.
4. See police report attached hereto. Defendants reserve the right to supplement
response at any time prior to trial.
.& A° ttegi Ii X10. Qedc orQ" of mr t.1,wt M(boo" ,
t (4?fd+ C1 +ny, Atkwmm. PA rln emit, Ihar the. ,.
"rnrc:
Acopy arhenninnat rm,.1 filed in pmd (r A,4*" U Nmgk, ('Icd, n(
Wty
S
.n
w
W
e?)'
r.
5. See attached Declaration Sheet attached hereto. Defendant reserves the right to
supplement response at any time prior to trial,
6. See attached medical records. Defendant reserves the right to supplement
response at any time prior to trial.
None at this time. Defendant reserves the right to supplement response at any
time prior to trial.
8. None in the possession of the Defendants other than police report which is
attached hereto. Defendant reserves the right to supplement response at any time prior to trial.
9. None in the possession of thr Defendants other then police report which is
attached hereto. Defendant reserves the right to supplement response at any time prior to trial.
10. None identified by Defendants at this time. Defendant reserves the right to
supplement response at any time prior to trial.
11. To be provided at a later date.
12. Defendants have not identified witness' at this time. Defendant reserves the right
to supplement response at any time prior to trial.
13. None at this time. Defendant reserves the right to supplement response at any
time prior to trial.
14. None in the possession of the Answering Defendants. Defendant reserves the
right to supplement response at any time prior to trial.
15. None at this time. Defendant reserves the right to supplement response at any
ti
I
time prior to trial.
Responses Respectfully Submitted,
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
BY:JNS .
P. MC ONOUCH, ESQ IRE
425 Spruce Street
Third Floor
Scranton, Pennsylvania 18503
(570) 347-1011
r
41
GERALD MICHAEL AND HAZEL
MICHAEL, husband & wife,
V9.
Plaintiff'
VLADIMIR LUKASHUK,
and
GREAT COSTAL EXPRESS, INC.
Defendant
1"
: IN THE COURT OF COMMON PLEAS
: OF LEHIGH COUNTY
: CML ACTION - LAW
: JURY TRIAL DEMANDED
: NO. 98-CML - 2849
:::s:s:::::::s::::::::::::::::::::::3::: ::::::
CERTIFICATE OF SERVICE
I, SEAN P. McDONOUGH, ESQUIRE, hereby certify that on the 4&kby of
1999, I served the foregoing RESPONSE OF THE DEFENDANTS TO
PLAINTIFF'S INTERROGATORIES AND DOCUMENT REQUEST upon the persons
indicated below by placing same in the U.S. Mail, postage pre-paid.
ELIZABETH A. ONTKO, ESQUIRE
1820 LINGLESTOWN ROAD
P.O. BOX 60545
HARRISBURG, PENNSYLVANIA 17106-0545
Respectfully submitted,
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
By. 1 /\„--t_
SEAN P. McDONOU I, ESQUI
Attorneys for Defendants
GERALD MICHAEL AND HAZEL
MICHAEL, husband & wife,
Plaintiff
V9.
VLADIMIR LUKASHUK,
and
GREAT COSTAL EXPRESS, INC.
Defendant
/'N
: IN THE COURT OF COMMON PLEAS
: OF LEHIGH COUNTY
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
r
r coo
Co
s t.
r
C3:z
?
-„
-
?-
_
rc a vi
" '_` C7
s y ..
NO. 98-CIVIL-2849 °
a
DEFENDANT LUKASHUK AND GREAT COASTAL EXPRESS, INC'S
RESPONSE TO THE RULE ISSUED TO HOW CAUSE WHY DEFENDAN T'S
ATTORNEY SEAN P MCDONOUGH SHOULD NOT RF HELD IN CONTEM PT
OF COURT
AND NOW comes the Defendant's VLADIMIR LUKASHUK AND GREAT
COASTAL EXPRESS, INC., by and through their counsel, DOUGHERTY, LEVENTHAL &
PRICE, L.L.P., and responds to the Rule to Show Cause issued as follows:
A Status Conference was scheduled I'or June 24, 1999 at 9:50 a.m. in the Lehigh
County Courthouse.
2. On June 21, 1999 an Application for Continuance executed by Attorney
Elizabeth Ontko, counsel for the Plaintiffs and Attorney Scan P. ,McDonough, counsel for the
Defendants, was sent by U.S. mail, postage pre-paid to the Honorable fames Knoll Gardner.
3. At the time of the said Status Conference, Attorney Sean P. ,McDonough, counsel
for the Delirndants was out of town on a previously scheduled vocation.
Auchm 8 ask Oert of Qxm (W the CV'm of
` MA rvx y Y.rAAW(r?.n. PA M nml> r nwe...
Mv}fyp nnilnll wont mm m+eu1r
/ tPk. C•k rt off',.,...
I?
.1
4. Due to Attorney McDonough's absence, Attorney John P. Finnerty was handling
said conference in Attorney McDonough's place.
5. Due to a mis communication in the offices of Attorneys McDonough and
Finnerty, Attorney Finnerty was sent to Luzeme County as opposed to Lehigh County.
6. Upon a telephone call to Lehigh County by the law offices of DOUGHERTY,
LEVENTTHAL & PRICE, L.L.P., it was realized that the HonorableJames Knoll Gardner had
not received the Application for Continuance which was previously forwarded via US mail,
postage pre-paid.
Upon above realization, the law office of DOUGHERTY, LEVENTHAL &
PRICE, L.L.P. immediately faxed the previously forwarded Application for Continuance to the
Honorable James Knoll Gardner.
Respectfully Submitted,
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
By.
SEAN P. Nl ONOUGH, I' QUIRE
425 Spruce Street
Third Floor
Scranton, Pa. 18503
(570) 347-1011
GERALD MICHAEL AND HAZEL : IN THE COURT OF COMMON PLEAS
MICHAEL, husband & wife, : OF LEHIGH COUNTY
Plaintiff CIVIL ACTION - LAW
VS. JURY TRIAL DEMANDED
VLADIMIR LUKASHUK,
and
GREAT COSTAL EXPRESS, INC.
Defendant NO. 98-CIVIL - 2849
CERTIFICATE OF SERVICE
I, SEAN P. McDONOUGH, ESQUIRE, hereby certify that on the ay of
, 1999, I served the foregoing RESPONSE OF THE DEFENDANT TO THE
RU E TO SHOW CAUSE ISSUED upon the persons indicated below by placing same in the
U.S. Mail, postage pre-paid.
PETER J. KAROLY, ESQUIRE
ELIZABETH ONTKO, ESQUIRE
1511-1525 HAMILTON ST.
ALLENTOWN, PA. 18102
Respectfully submitted,
LEVENTHAL & PRICE, L.L.P.
By: _I T /,,
.fEAN P. McDONOUGI
Attorneys for Defendants
1 44
"JU..13.1999F 3:43PMAI 7DOUGHERTY_LEVENTHALBPRICE
L•n.aHOLLENBERGER.E -
V ?i
SHOLLENBERGER & JANUZZi, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number. (717) 234-3700
Fax Number. (717) 2348212
GERALD MICHAEL AND HAZEL
MICHAEL, his wife,
NO.490? P.1-
11002
IN THE COURT OF COMMON PLEAS
LEHIGH COUNTY, PENNSYLVANIA
Plaintiffs
V.
GREAT COASTAL EXPRESS, INC.,
VLADIMIR LUKASHUK,
Defendants
NO.199e-C-2849
CIVIL ACTION - LAW
JURY TRIAL. DEMANDED
§MEVL.ATION
The parties, by and through their respective counsel, hereby stipulate and
agree as follows:
1. This case arises out of a motor vehicle collision which occurred on
November 25, 1996 In Cumberland County, Pennsylvania.
2. The Plaintiffs, Gerald Michael and Hazel Michael, were initially
represented by Laura R. Rose, Esq., P. 0. Box 2059, Martinsburg, West Virginia
25402.
3. In November 1998s Attorney Rose contacted Peter J. Karoly &
Associates, 1511-1525 Hamilton Street, Allentown, Lehigh County, Pennsylvania and
requested that the firm file a lawsuit against the above-named Defendants In Lehigh
County.
4. On or about November 26. 1898, this lawsuit was Instituted by a
Praecipe for Writ of Summons against the above named Defendants. Said Writ of
Summons was filed by Peter J. Karaly & Associates.
5. Peter J. Keroly & Associates instituted this action In Lehigh County
on behalf of Attorney Rose because the statute of limitations was about to expire.
?. And= a NW4* Qe! orCtrro of the Chan of Q=K` "
M of Lao fir, Alk wwn. PA do wOrY for dlk k .
M epA nnrteglpop) orAe odgiMl nmd filed in mw row
AnBn e. ? y 7cledorroin-ii,
ry -
Iv
0JUL.13.1999E' 3:a3FfAX 7DCYHERT''e_LEvEr4THFL3PPICEEOLLENBERGER.ESO. 1`40.-399 P.2
10*41
n
S. Although the Defendants may County,'the parties and witnesses to the instant action and the November 25, 1996h
collision have no relation to Lehigh County. All events, transactions and occurrences
related to this collision occurred in Cumberland County.
Dougherty, Leventhal & Price, 425 Spruce Street 7. On or about January 26, 1999, Sean McDonough, Esq., of
Pennsylvania entered his appearance and a rule to file a Complaint on behalf of the
above named Defendants.
8. On or about February 18, 1999, Peter J. Kamly & Associates filed a
Complaint against the above named Defendants on behalf of the above named
Plaintiffs.
9. Both the l
Praecipe for In the Court of Common Pleas of Lehig County and n assigned civil actiont r
number
98-C-2849.
10. On or about May 13. 1999. referred the case at hand to Shoilenberger & Jan Plaintiffs
1820 Linglestow Counsel, Laura Rose, Esq.,
Harrisburg, Dauphin County, Pennsylvania 17110.
11. On or about June 4, 1999, Elizabeth A. Ontko, Esq., associate of
Shollenberger & Januzzl, LLP, filed a Praecipe for Entry of Appearance along with a
Petition to Transfer Venue.
12. On or about June 18, 1999, Peter J. Karoly, Esq., withdrew his
appearance in the instant action and eald withdrawal of appearance was filed with the
Clerk of Courts of Lehigh County on June 17, 1999,
13. On or about June 25, 1999, Sean McDonough, Esq., wrote
Attorney Ontko a letter confirming their telephone conversation wherein he Indicated
that he did not have any objection to change of venue from Lehigh County to
Cumberland County in the instant action. A copy of said letter is attached hereto and
marked as Exhibit "A."
14. Both Plaintiffs' counsel, Plaintiffs' former counsel and defense
counsel are In agreement that the instant case should be transferred from Lehigh
County to Cumberland County since the November 25, 1996 collision accuned there
and the witnesses are from Cumberland County.
record 15. It is the intention of the parties that the Stipulation be filed of
.
Q003
16. This Stipulation will he presented to the Court for approval.
JUL. 13.1999 10:39AM DOUGHERTY.LEVENTHPLBPRICE-tEnERGER,ESQ-
OT/1..1/Y9 SUE 04:03 tAA 717 ""A" J0.-17-4 0 o0:s0AM r1t011 PlT[R J j'?t t104it11TT ?,
Shollehborrsr & Januat, L.LP
Atmmay for PIGWW fs
By' Its A. t7ntim, Esq• Z
By
r -
J. Karaly i Asaoclabs
i
M
NO. 476 PA IA004
T- 787 P,W/06 F-141
DoUgheri,l, Lowenthal b Price, LLP
AttomZ-- efondanta
By' --- -
AttomB? I.Q.
t JUN2810
DOUGHERTY. LEVENTHAL &: PRICE. L.L.P.
ATTORNEYS AT LAW
PATRICK E. DOUGHERTY• 125 SPRUCE STREET. 3rd FLOOR
CAL A. LEVENTHAL SCRANTON. PA 18503
JOSEPH G. PRICE' 1110134' 1011
SEAN P. NcDONOUGH
JAMES M. WETTER FAX 13701347.70:8
MICHAEL A. BRADY E-Mail Address: DLP4250hool.com
THOMAS P. CUMMINGS
JUDITH GARDNER PRICE
ELAINE COOK"
BRIAN G. PRICE
PAUL T. OVEN
JOHN P. FINNERTY
Ot'Counsel: June 23. 1999
IOgFPHJ 14FSToN
Elizabeth A. Ontko. Esquire
I820 Linglestown Road
P.O. Box 110343
Harrishurz. Pennsylvania 171011.03+3
Re: Michael cs. L ikashuk 42 A
Dear Elizabeth:
454 WYOMING .AVENIJE
KIN(',STO%i. PA I3-,n4
0701188-1427
P.O. BOX 470
HONESDALE. PA 18431
13701333.3161
Board Cartu3ed in Co it
Trial Advocacy by the
National Board ui Trtal
%dvuacv
"Also admitted to
?1j,6%g in %.4,3
This trill confirm my Phone ctuttrrsalirnt %%ith you on Tlu inlay. June 17. 1999. cchemin
I indicated that we have no objection to the change ol'tenue in this ra:r.
Thank cou.
\'t-r% Trutt Vuun.
DOUGHER Y. LEVENTHAL & PRICE L.L.P.
P/ /
BY!
ran P. \(cUnntxtch. E.rluim
SP. I.las
41
EXHIBIT
I _?
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
GERALD MICHAEL AND HAZEL
MICHAEL, his wife,
Plaintiffs
No. 1998-C-2849
V.
CIVIL ACTION-LAW
GREAT COASTAL EXPRESS, INC.,
VLADIMIR LUKASHUK, JURY TRIAL DEMANDED
Defendants
ENTRY OF APPEARANCE.
TO THE CLERK OF SAID COURT:
Kindly enter my appearance on behalf of Plaintiffs, Gerald Michael and Hazel Michael,
Husband and Wife, in the above-captioned matter.
By:
ROEGER, WALKER, CASSEL & HOLKO
86
'-9 Hamilton Mall
Allentown, PA 18101
(610) 433-5850
Dated: 7
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COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
GERALD MICHAEL,
HAZEL MICHAEL,
Plaintiffs
VS.
GREAT COSTAL EXPRESS, INC.,
VLADIMIR LUKASHUK,
Defendants
C1ak of c&sm 410 Cope
rites of ! OD@M-Attatown.PAdo? is ttiA(n
or the aigimt ree<xd « civince copy „e,nd
Avows IL so&-cledkofC??t? 1
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NO. 1998-C-2849
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NOW, this 24'h day of June, 1999, after status conference
scheduled for 9:50 a.m. with the undersigned on this date, at which no
counsel or parties appeared; it appearing that this case was commenced on
November 25, 1998 by the filing of a praecipe for summons by Peter J.
Karoly, Esquire on behalf of plaintiffs; it further appearing that on January
28, 1999, a praecipe for entry of appearance on behalf of both defendants
was entered by Sean P. McDonough, Esquire; it further appearing that on
February 16, 1999, a complaint was filed on behalf of plaintiffs by Peter J.
Karoly, Esquire; it further appearing that on April 26, 1999, Peter J.
Karoly, Esquire and Sean P. McDonough, Esquire were served with written
4 ?
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notice of a status conference to be held before the undersigned on June 24,
1999 at 9:50 o'clock a.m. in Courtroom Number 2, Lehigh County
Courthouse, 455 West Hamilton Street, Allentown, Pennsylvania; it further
appearing that on June 9, 1999, a praecipe for appearance for plaintiffs was
filed by E. A. Ontko, Esquire; it further appearing that on June 17, 1999, a
praecipe for withdrawal of appearance for plaintiffs was filed by Peter J.
Karoly, Esquire,
IT IS ORDERED that the Complaint in the within matter is
dismissed.
IT IS FURTHER ORDERED that a rule is issued upon Peter J.
Karoly, Esquire, E. A. Ontko, Esquire and Sean P. McDonough, Esquire to
show cause why they should each not be held in contempt of court for
failing to attend the pre-trial conference . Rule returnable July 21, 1999,
9:00 o'clock a.m., Courtroom 2, Lehigh County Courthouse, 455 West
Hamilton Street, Allentown, Pennsylvania.
By the Court: .4??
qj 0 t ! s Knoll Gardner, P.J.
Jame
2
LIST ?_-PIGANTS AND ATTORNEYS F SE
*CVADDLST* as of 06-Jul-1999 14:38:14 Page: 3
TERM NUMBER NAME ADDRESS
98-C-2849 ELIZABETH A ONTKO, ESQ. PO BOX 60545
1820 LINGLESTOWN RD
HARRISBURG PA 17106
--------------------------------- -------
98-C-2849 SEAN P MCDONOUGH, ESQ. 3RD FLOOR
425 SPRUCE STREET
SCRANTON PA 18503
.aaava=aaaavaea----------- --------aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
TO
YOU ARE HEREBY NOTIFIED TO FILE
A WRITTEN RESPONSE TO THE
ENCLOSED
WITHIN TWENTY 1701 DAYS FROM ti
SERVICE HEREOF OR A JUDDMENT?
MAY BE ENTERED AOAINST YOU
BY _ 1 14'•?
ATTORNEY U t
LAW JrrICES
R J. KAROLY 8 ASSOCIES l
I 1511.1525 HAMILTON STREET r
ALLENTOWN, PENNSYLVANIA I8102.4r....
••?_ MID) 437.6840
TELEFAX (610) 432.7377
WE 00 HEREBY CERTIFY
THE WITHIN IS A TRUE AND
RECT COPY OF THE ORN
FILED IN THIS ACTION
BY
ATTORNEY
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
GERALD MICHAEL and HAZEL
MICHAEL, husband and wife,
Plaintiffs,
V.
VLADIMIR LUKASHUK and
GREAT COSTAL EXPRESS, INC.,
Defendants.
No. 9998-C-2849
Civil Action
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TO THE CLERK OF COURTS - CIVIL DIVISION:
Withdraw my appearance for Gerald Michael and Hazel Michael, husband and
wife.
Date: 6 //(v 1961
Paper J. Kafoly, Cq uire
Peter J. Karol A soda
Hamel Street
PA-T8102
(610) 437-6840
(610) 432-3377 (Fax)
V IC111",nM 30E?abtOrCW%OrmECAW0ra0.•`"
nAg{dlJtM0Cb@ry.A11a a"-PAMW"i61hM No I. •
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S LL ENBERGER & AANUZZI 1113
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1820 Linglestown Road C"* at
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P.O. Box 60545 ,Vi?.?ee,.! ?y? ? n filed M "" ate c7 r. r
Harrisburg, Pennsylvania 17106-4=11 ?,?a;p ltocor 1, c
Telephone Number: (717) 234-3700! am tore?,dFI ??act-
Fax Number: (717) 234-8212
Attomevs for Plaintiff a /atJi?l 1 °
GERALD MICHAEL & HAZEL MI
His Wife,
Plaintiffs
V.
VLADIMIR LUKASHUK & GREAT
COASTAL EXPRESS, INC.,
Defendants
v
IN CURT OF COMMON PLEAS
LEHIGH COUNTY, PENNSYLVANIA
NO. 98-C-2849
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
.o
i-
o•
PETITION TO TRANSFER VENUE
And Now come the Plaintiffs, GERALD MICHAEL and HAZEL MICHAEL, by and
through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and file the following Petition for
Change of Venue and in support thereof avers the following:
On or about November 25, 1998, this lawsuit was instituted by a Praecipe for
Writ of Summons against the above named Defendants.
2. On or about February 16, 1999, the Plaintiffs filed a Complaint against the
above named Defendants.
3. Both the Praecipe for Writ of Summons and the Complaint was filed in the
Court of Common Pleas in Lehigh County and assigned civil action number 98-C-2849.
4. This cause of action arises out of a motor vehicle collision that occurred on
November 25, 1996 on State Route 15 near the intersection of State Route 2004 (West
Lisburn Road) in Upper Allen Township, Cumberland County, Pennsylvania.
The Plaintiffs, GERALD MICHAEL and HAZEL MICHAEL, are adult
individuals who currently reside at 203 Northstar Lane, Bunker Hill, West Virginia 25413.
SNOUFNMGER 6 JMl= ua
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1620 UNGU3T(Mt160AD • P O 00)( 645 S * IUPiLLSBUM PA 171060545
17171 21.7700 • FN1171712.7/8212 \()(
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6. The Defendant, VLADIMIR LUKASHUK, is an adult individual whose last
known address is Route 1, Box 347-B, Mt. Solon, Virginia 22843.
7. The Defendant, GREAT COASTAL EXPRESS, INC., is believed, and
therefore, averred to be an Illinois Corporation which maintains a place of business at 16901
Van Dam Road, South Holland, Illinois 60473.
8. On or about May 13, 1999, Plaintiffs Counsel, Laura Rose, Esq., P. O. Box
2059, Martinsburg, West Virginia 25402, referred the case at hand to Shollenberger & Januzzi,
LLP, 1820 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania 17110.
9. Elizabeth A. Ontko, Esq., associate of the law offices of Shollenberger &
Januzzi, LLP, filed a Praecipe for Entry of Appearance along with this Petition to Transfer
Venue.
10. Pursuant to Pa. R.C.P. 1006(a) "an action against an individual may be
brought in and only in a county which he may be served or in which the cause of action arose
or where a transaction or occurrence took place out of which the cause of action arose or in
any other county authorized by law."
11. Pa. R.C.P. 1006(d)(1) allows the Court, upon petition of any party, for the
convenience of parties and witnesses to transfer an action to the appropriate court of any
other county where the action could originally have been brought.
12. The Plaintiffs request that this Honorable Court transfer venue to Cumberland
County for the following reasons:
(a) The motor vehicle collision occurred in Cumberland County on Route
15 near the intersection of State Route 2004, West Lisburn Road, in
Upper Allen Township, Cumberland County, Pennsylvania.
(b) The motor vehicle collision was investigated by Officer E. Bricker of the
Upper Allen Township Police Department;
(c) James S. Boyd was a witness to this collision and resides at 1203
North Third Street, Harrisburg, Pennsylvania;
2
SMOUtNBERGER A JAK=, UP
IRO UNOU3TOWN ROAD• PO D0%605150MARR60O11O.P4 17106OUS
171712514700 PAX 171712M 1212
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(d) Steven Hurley, Jr. was a witness to this collision and resides at 923
Nixon Drive, Mechanicsburg, Pennsylvania;
(e) Diana Hilton was a witness to this collision and resides at 1550
Williams Grove Road, #130, Mechanicsburg, Cumberland County,
Pennsylvania 17055;
(f) The cause of action, transaction, and/or occurrence did not occur in
Lehigh County, and Lehigh County has no connection to the Instant
cause of action.
13. For the convenience of the parties and witnesses, the Plaintiffs respectfully
petition this court to transfer venue from Lehigh County to Cumberland County.
WHEREFORE, the Plaintiffs, GERALD MICHAEL and HAZEL MICHAEL,
respectfully request this Court to transfer venue from Lehigh County Court of Common Pleas
to the Cumberland County Court of Common Pleas.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By: F -0 P a ? -a
Elizabdth A. Ontko, sq.
Attorney I.D. #78053
Dated: June 4, 1999
SMOLUM 11GFA • 2ANIJIIL W
1320 UNGl TOWN AW•PO AOX 60313. 11AMUSO Xi. PA 1 7 10 6 0313
17171271-3700+ FAX 1717) ZN41212
F'" ,1?„3,„rnlhd ren
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SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number. (717) 234-3700
Fax Number. (717) 234-8212
GERALD MICHAEL & HAZEL MICHAEL,
His Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
LEHIGH COUNTY, PENNSYLVANIA
NO. 98-C-2849
V.
VLADIMIR LUKASHUK & GREAT
COASTAL EXPRESS, INC.,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW this 4th day of June, 19991 hereby certify that I have served the
Petition for Change in Venue to the following by depositing a true and correct copy of same in
the United States mail, postage prepaid, addressed to:
Sean P. McDonough, Esq.
425 Spruce Street - 3 d Floor
Scranton, Pa. 18503
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
BY:
za eth A. Ontko, Esq.
Attorney I.D. #78053
Dated: June 4,1999
SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number. (717) 234-3700
Fax Number: (717) 234-8212
GERALD MICHAEL & HAZEL MICHAEL,
His Wife,
Plaintiffs
V.
VLADIMIR LUKASHUK & GREAT
COASTAL EXPRESS, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
LEHIGH COUNTY, PENNSYLVANIA
NO. 98-C-2849
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
PLEASE ENTER MY APPEARANCE ON BEHALF OF THE PLAINTIFFS,
GERALD MICHAEL & HAZEL MICHAEL IN IN THE ABOVE-CAPTIONED ACTION.
Respectfully Submitted,
'O a
N O
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6. r By: ?._
Elizabet A. Ontko, Esq.
o. Attorney I. D. No. 78053
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IN THE COURT
OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL COURT DIVISION
GERALD MICHAEL
VS
VLADIMIR
LUKASHUK : File No. 1998-C-2849
? Assigned Judge; JAMES KNOLL GARDNER
D I S C O V E R Y O R D E R
that the withinhcase2has beenoplacedLinlthe
999 IT IS ORDERED
eflow management.
be Februar The tentative trial monthpforTthis Tcase rack for
casread y' 2000. All counsel are required to have this case
adherefto thetrial
followithe ng;tentative Month.
Cases in this track will
All motions and petitions for this case must be submitted in
conformity with the Lehigh County Rules
T of Civil Procedure.
will end oncAugust d16, 1999 period for the above referenced case
issued closing discovery1999 at which time an Order will be
Petitions for extension of the discovery period must be filed
in cony 9rmit199with the motion procedures c mpellin circumstances Extensions will
must be only and will not submitted
g be granted
la the and trial date.
9. in
Plaintiff's expert reports are due August 19 16,1999.
Defendant's
expert reports are due September 16, 1999• mot September 16, 1999. for summary judgment must be filed
19 by
o Own, of Ar. Q+art of 0",
IeNRh Gwnty, Alkntown, PA do emifv that thi• t s
*1'rwl copy of The onginal wynd filed in,nid Cn•m
Andrm R. Nawm- ned, of Cnu
De"
trialTmontthoat whichconfereimencesthewill be
willscheduled
prior to the tentative
attached for trial.
Any problems or unresolved issues will be dealt with at
the telephone conference.
Any questions may be directed to the civil Operations Office.
o Oral G hkaelTle Chat f
.
BY THE COURT:
NOW, < < <
COPTFS THE Wfr"N
COUR . _)RDEr, JN DECREE
ED Tn ALL ,TTERESTEC
LP
A `-%
CIVIL 'ISCOVERY ORDER NOTIFICATIULa LIST
APRIL 12, 1999
RE: File No. 1998-C-2849 SUMMONS
GERALD MICHAEL JURY TRIAL DEMANDED
HAZEL MICHAEL
H/W
VS.
VLADIMIR LUKASHUK
GREAT COSTAL EXPRESS INC
I certify that copies of this Order were
mailed to all counsel of record and pro se litigants on
cc: Counsel for Plaintiff: Counsel for Defendant:
PETER KAROLY, ESQ. SEAN P MCDONOUGH, ESQ.
IN THE COURT OF COMMON PLEAS OF LEHIGH COUNTY, PENNSYLVANIA
CIVIL DIVISION
GERALD MICHAEL AND
HAZEL MICHAEL, Husband
and Wife,
Plaintiffs,
VS.
GREAT COASTAL EXPRESS, INC.,
AND VLADIMIR LUKASHUK,
Defendants.
No. 98-C-2849
CIVIL ACTION
JURY TRIAL DEMANDED
YOU HAVE BEEN SUED IN COURT, IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED,
BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO
DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER. NOTICE FOR ANY
MONEY CLAIMED IN THE AMENDED COMPLAINT OR FOR ANY OTHER CLAIM OR
RELIEF REQUESTED BY THE PLAINTIFFS. YOU MAY LOSE MONEY OR PROPERTY
OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
LEHIGH COUNTY BAR ASSOCIATION
LEGAL REFERRAL SERVICE
1114 WALNUT STREET
ALLENTOWN, PENNSYLVANIA 18102
TELEPHONE NO. (610) 443-7094
ONCE. IF YOU DO
OR TELEPHONE THE
GET LEGAL HELP.
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IN THE COURT OF COMMON CIPLEAS VIL OF SEION HIGH COUNTY, PENNSYLVANIA
DIV
GERALD MICHAEL AND
HAZEL MICHAEL, Husband
and Wife,
Plaintiffs,
vs.
No. 98-C-2849
CIVIL ACTION
VLADIMIR LUKASHUK AND
GREAT COASTAL EXPRESS, INC.,
Defendants.
JURY TRIAL DEMANDED
The Plaintiffs, Gerald Michael and Hazel Michael, are
adult individuals who reside at 203 North Star Lane, Bunker Hill,
West Virginia 25413.
2. The Defendant Vladimir Lukashuk is an adult individual is
believed and therefore averred to reside at Route 1, Box 347-B, Mt.
Solon, VA 22843.
3. The Defendant Great Coastal Express, Inc., is believed
and therefore
of o business eat 1901 Van Dam Road, South Holland,mIllinois
60473.
4. On or about November 25, 1996, at or about 6:17 p.m.,
Gerald trailer Michael
VIN a Number 1XP5DB9X7PD32669299 on State Route 15 near the
intersection of State Route 2004 (W. Lisburn Road), in Upper Allen
Township, Cumberland County, Pennsylvania.
5. On or about November 25, 1996, at or about 6:17 p.m.,
Defendant Vladimir Lukashuk was operating a 1995 Freightliner
tractor and trailer, VIN Number 1FUYDCXB3SH554677, on State Route
15
Town hip,i Cumberland County, nnsylvania. Road), in
UUppernear the
6. The 1995 Freightliner tractor and trailer being operated
by Vladimir Lukashuk, as aforesaid, is owned by Defendant Great
Coastal Express, Inc.
7. Mr. Lukashuk is an employee/agent of Great Coastal
Express, Inc., and when operating the within hthener tractor and aid
trailer, as aforesaid, was acting scope
furtherance of his duties as an employee/agent of Great Coastal
Express, Inc.
8. On or about November 25, 1996, at or about 6:17 p.m.,
Vladimir Lukashuk, while driving the Freightliner tractor and
trailer, rammed into the rear of the Peterbuilt tractor and trailer
driven by Gerald Michael while the Peterbuilt tractor and trailer
was stopped at a red light.
9. At all times relevant hereto, Gerald Michael operated his
1993 Peterbuilt tractor and trailer in a safe, careful and prudent
manner.
10. As a direct and proximate cause of the negligence of
Defendants, Gerald Michael sustained serious injuries, including,
inter AUa, the following: contusion on the back of head,
headaches, cervical sprain, lumbar sprain, limited range of motion
in his neck and back, anxiety, overall pain and stiffness, loss of
sleep, and pain and suffering. As a result of taking prescription
non-steroidal anti-inflammatory medications over a period of time
for accident-related injuries, Gerald Michael subsequently suffered
from duodenitis and was hospitalized.
11. Some or all of the injuries sustained by Gerald Michael
may constitute the aggravation of a pre-existing illness, injury or
condition.
12. Some or all of the injuries sustained by Gerald Michael
may be permanent in nature.
13. As a result of the foregoing, Gerald Michael has received
and will continue to receive hospital, surgical, nursing and
medical treatment and therapy, all to his great detriment and
expense.
14. As a result of the foregoing, Gerald Michael has suffered
a loss of earnings and may suffer a loss of future earnings and a
diminution in earning capacity.
15. As a result of the foregoing, Gerald Michael suffered
extreme and excruciating pain and suffering and will continue to
experience such pain and suffering in the future.
16. As a result of the foregoing, Gerald Michael has suffered
and will continue to suffer from humiliation, embarrassment and
mental anguish.
17. As a result of the foregoing, Gerald Michael has suffered
and will continue to suffer a loss of life's pleasures and
enjoyments, and has been and will continue in the future to be
unable to attend to his customary and usual daily activities,
occupation, duties, familial responsibilities and avocations, all
2
1"1
to his great detriment and loss, financial and otherwise.
COUNT I
PLAINTIFF GERALD MICHAEL AND HAZEL MICHAEL VS.
DEFENDANTS VLADIMIR LUKASHUR AND GREAT COASTAL EXPRESS, INC.
18. Plaintiffs incorporate by reference the allegations set
forth in paragraphs 1 through 17 as if same were set forth fully at
length herein.
19. Vladimir Lukashuk owed to Gerald Michael a duty of care
in the operation of the 1995 Freightliner tractor and trailer.
20. Vladimir Lukashuk breached the duty of care he owed to
Gerald Michael and acted negligently by:
a. operating his motor vehicle at an unsafe
speed;
b. failing to have his motor vehicle under
proper and adequate control under the
circumstances;
C. failing to maintain a proper look-out
while operating his motor vehicle;
d. failing to use due care in operating his
motor vehicle;
e. failing to have due regard to the point
and position of the motor vehicle
operated by Gerald Michael;
f. failing to warn Gerald Michael of the
approach of his motor vehicle;
g. acting without regard for the rights,
safety and position of the motor vehicle
being operated by Gerald Michael;
h. failing to avoid a collision with the
motor vehicle being operated by Gerald
Michael, although he should have observed
said motor vehicle in sufficient time to
avoid striking it;
i, failing to apply his brakes in a timely
fashion;
3
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j. failing to avoid another vehicle lawfully
on the roadway;
k. failing to be attentive to and make
necessary observations of the vehicle
operated by Gerald Michael; and
1. failing to slow or bring his vehicle to a
stop so as to avoid a collision with the
vehicle operated by Gerald Michael. `.
21. The negligence exhibited by Defendant Vladimir Lukashuk
was a proximate cause of the subject motor vehicle accident.
22. As a direct and proximate result of the foregoing, Gerald
Michael has incurred the damages previously described.
WHEREFORE, Plaintiffs demand judgment against Defendants in an
amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs
of suit, interest, and all other damages deemed recoverable
according to law.
COUNT II
PLAINTIFF GERALD MICHAEL AND HAZEL MICHAEL VS.
DEPENDANTS VLADIMIR LDKASHDK AND GREAT COASTAL EXPRESS, INC.
23. Plaintiffs incorporate by reference the allegations set
forth in paragraphs 1 through 22 as if same were set forth fully at
length herein.
24. Great Coastal Express, Inc., owed a duty of care to
ensure that its employees were competent and willing to operate
motor vehicles in a safe manner and in accordance with Motor
Vehicle Code regulations.
25. Great Coastal Express, Inc., breached said duty of care
by:
a. failing to establish a screening
process, or establishing an
inadequate screening process for the
hiring of employees for the
operation of tractor and trailers;
b. hiring Vladimir Lukashuk and
permitting him to operate a tractor
and trailer when it knew, or through
the exercise of reasonable care
should have known, that he was
incapable and/or unwilling to
4
ti
operate a motor vehicle in a safe
manner and in accordance with Motor
Vehicle Code regulations;
C. failing to monitor Vladimir
Lukashuk's employment so as to
determine whether he was capable
and/or willing to operate tractor
and trailers in a safe manner and in
accordance with Motor Vehicle Code
regulations;
d. failing to instruct Vladimir
Lukashuk as to the safe, careful and
prudent operation of tractor and
trailers when it knew, or through
the exercise of reasonable care
should have known, that he was
incapable and/or unwilling to
operate motor vehicles in a safe
manner and in accordance with Motor
Vehicle Code regulations;
e. failing to discharge Vladimir
Lukashuk when it discovered, or
through the exercise of reasonable
care should have discovered, that he
was incapable and/or unwilling to
operate motor vehicles in a safe
manner and in accordance with Motor
Vehicle Code regulations;
f. failing to establish a policy, or
establishing an inadequate policy
concerning the responsibility of its
employees and/or agents to operate
motor vehicles in safe manner and in
accordance with Motor Vehicle Code
regulations; and,
g. encouraging, through the use of
policies, rules, promotions and/or
employee requirements, its employees
and/or agents to speed and otherwise
engage in reckless and careless
driving.
26. The negligence exhibited by Great Coastal Express, Inc.,
was a direct and proximate cause of the subject motor vehicle
accident.
27. As a direct and proximate result of the foregoing, Gerald
Michael has incurred the damages previously described.
WHEREFORE, Plaintiffs demand judgment against Defendants in an
amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs
of suit, interest,and all other damages deemed recoverable
according to law.
COUNT III
PLAINTIFF OHRALD NICHARL AND HAZRL NICHASL VS.
DEFENDANTS VLADIMIR LDRASHmR AND ORSAT COASTAL ZXPRSSS, INC.
28. Plaintiffs incorporate by reference the allegations set
forth in paragraphs 1 through 27 as if the same were set forth
fully at length herein.
29. The 1995 Freightliner tractor and trailer being operated
by Vladimir Lukashuk, as aforesaid, was owned by Defendant Great
Coastal Express, Inc.
30. On the date and at the time aforesaid, Vladimir Lukashuk
was operating the 1995 Freightliner tractor and trailer with the
express permission of Great Coastal Express, Inc., acting by and
through its duly authorized servants, agents and employees.
31. Defendant Great Coastal Express, Inc., by and through its
duly authorized servants, agents and employees, breached the duty
of care it owed to Gerald Michael and acted negligently by
permitting Vladimir Lukashuk to operate its 1995 Freightliner
tractor and trailer although said authorized servants, agents, and
employees knew, or should have known in the exercise of reasonable
care, that Vladimir Lukashuk was an incompetent and unsafe driver,
inasmuch as Vladimir Lukashuk was either incapable of or unwilling
to operate said motor vehicle in a safe, careful, and prudent
manner, and in accordance with all applicable motor Vehicle Code
regulations.
32. The negligence exhibited by Great Coastal Express, Inc.,
was a direct and proximate cause of the subject motor vehicle
accident.
33. As a direct and proximate result of the foregoing, Gerald
Michael has incurred the damages previously described.
WHEREFORE, Plaintiffs demand judgment against Defendants in an
amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs
of suit, interest, and all other damages deemed recoverable
according to law.
6
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COUNT IV
PLAINTIFF GERALD MICHAEL AND HAZRL MICHAEL VS.
DEPENDANTS VLADIMIR LUKASHDK AND GREAT COASTAL EXPRESS, INC.
34. Plaintiffs incorporate by reference the allegations set
forth in paragraphs 1 through 33 as if same were set forth fully at
length herein.
35. Defendant Great Coastal Express, Inc., is vicariously
liable to Gerald Michael, inasmuch as Vladimir Lukashuk was acting
during the course of and within the scope of his employment at the
time of the subject motor vehicle accident.
WHEREFORE, Plaintiffs demand judgment against Defendants in an
amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs
of suit, interest, and all other damages deemed recoverable
according to law.
COUNT V
PLAINTIFF OERALD MICHAEL AND HAZEL MICHAEL VS.
DZFENDAMTS VLADIMIR LQKASHDK AND OREAT COASTAL EXPRESS, INC.
36. Plaintiffs incorporate by reference the allegations set
forth in paragraphs 1 through 35 as if same were set forth fully at
length herein.
37. As a proximate result of the negligence of Defendants, as
aforesaid, Hazel Michael has been compelled, in order to effect a
cure of the injuries to her husband, to expend substantial monies
for medial expenses, and will in the future be required to expend
substantial sums to effect a cure of her husband's injuries.
38. As a proximate result of the negligence of Defendants, as
aforesaid, Hazel Michael has been deprived of the services,
society, earnings, companionship and affections of Gerald Michael,
her husband, to her great detriment and loss, and will in the
future continue to be so deprived.
WHEREFORE, the Plaintiffs demand judgment against Defendants
in an amount in excess of Fifty Thousand Dollars ($50,000.00), plus
1
costs of suit, interest, and all other damages deemed recoverable
by this Court.
Respectfully Submitted,
a ra R. Rose, fiaqu re
State Bar No. 3724
LAW OFFICES OF LAURA ROSE & ASSOCIATES
210 West Burke Street
P. O. Box 2059
Martinsburg, West Virginia 25402
(304) 267-3949
Fax: (304) 267-5411
•GFGL Y. {?GL U'1y GtlliU1CU
I.D. 34879
PETER J. KARO & ASSOCIATES
ilton Street
Allentown PA 18102
(610) 437-6840
8
ATTORNEY'S VERIFICATION
Because of the unavailability of Plaintiffs to sign a
verification in order to timely file the foregoing Complaint, as
Plaintiffs' counsel, I hereby verify that the statements set forth
in the foregoing Complaint are true to the best of my knowledge and
belief based upon information previously provided to me by the
Plaintiffs and information contained within their file. I
understand that false statements herein are made subject to the
penalties of 18 Pa C.S. 54904 relating to unsworn falsification to
authorities.
Date: February 16, 1999
Laura R. Rose, Esquire
State Bar No. 3724
9
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GERALD MICHAEL AND HAZEL : IN THE COURT OF COMMON PLEAS
MICHAEL, husband & wife, : OF LEHIGH COUNTY
Plaintiff : CIVIL ACTION - LAW
VS. : JURY TRIAL DEMANDED
VLADIMIR LUKASHUK,
and
GREAT COSTAL EXPRESS, INC.
Defendant NO. 98-CIVIL-2849
PRAECIPE FOR RULE TO FILE COMPLAINT
TO: THE CLERK OF JUDICIAL RECORDS
Mm
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Please enter a Rule upon Plaintiff to rile a Complaint within twenty (20) days of service w'
?J
thereof or suffer the entry of a Judgment of Non Pros. ca
..j ?1
DOUGHERTY, LEVENTHAL & PRICE, LLP> to
BY: c I Qll-(1 t
Stan P. McDonough, E q ire
Attorney for Defendant
RULE TO FILE COMPLAINT
It cle
AND NOW, this day of 199, upon praecipe of -A 5 defendant a le is hereby entered upon the plaintiff to file a
complaint within twenty (20) days after service of this rule or suffer the entry ofjudgement of
non pros.
MORD Iz 1`1111 iLE
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r?A rnrtr copy A copy of N the qk. C l rtx filed ul
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349
Date ' -1 Deputy
4
GERALD MICHAEL AND HAZEL
MICHAEL, husband & wife,
: IN THE COURT OF COMMON PLEAS
: OF LEHIGH COUNTY
Plaintiff CIVIL ACTION - LAW
VS. JURY TRIAL DEMANDED
VLADIMIR LUKASHUK,
and
GREAT COSTAL EXPRESS, INC.
Defendant NO. 98-CIVIL-2849
CERTIFICATE OF S',RVICE
I, SEAN P. McDONOUGH, ESQUIRE, hereby certify that on the 2ati4iny of
1999, I served the foregoing PRAECIPE FOR RULE TO FILE A
COMPLAINT upon the persons indicated below by placing same in the U.S. Mail, postage pre-
paid.
LAURA ROSE, ESQUIRE PETER J. KAROLY, ESQUIRE
210 WEST BURKE STREET 1511-1525 HAMILTON ST.
P.O. BOX 2059 ALLENTOWN, PA. 18102
MARTINSBURG, WV 25401
Respectfully submitted,
DOUGHERTY, LEVENTHAL & PRICE, L.L.P.
By: i? P u
MAN P. MCDONOUGH, ES IRE
Attorneys for Defendants
49
GERALD MICHAEL AND HAZEL
MICHAEL, husband & wife : IN THE COURT OF COMMON PL EAS
, : OF LEHIGH COUNTY
Plaintiff : CIVIL ACTION - LAW
VS. JURY TRIAL DEMANDED
VLADIMIR LUKASHUK
,
and
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GREAT COSTAL EXPRESS
INC co ..
,
.
Defendant NO. 98-CIVIL-2849
a
PRAECIPE FOR F.NTRY OF APPEARANCF
TO THE CLERK OF JUDICIAL RECORDS:
Please enter the appearance of the undersigned on behalf of the Defendants, VLADIMIR
LUKASHUK and GREAT COSTAL EXPRESS, INC., relative to the above-captioned action.
DOUGGHERTY,, LjE,VENTHAL & PRICE, L,L.P.
Sean P. McDonough, Esquire
425 Spruce Street, Third Floor
Scranton, PA 18503
(717) 347-1011
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VLAUIMIH LUKHSHUK; E'I" HL
rtUNALLI W. HUSS1, SHLKIFF OF SAID LUUNTY, BtIN6 DULY SWURN ALLUKUINULY
IU LAW, UtF'USES AIJU SAYS 'THAI' ON 2!5-N0v-I". W A CUPY OF I"HE
SUPIMUNS IN CIVIL ACTION WAS SENT TO
YLAUIMIH LUKHSHUK VIA ULR'TIFIEU MAIL N2 -524 542 27'9
Al H f . I; BOX Z4/-El M I . SULUN, VA 2284.5.
aHiU 11EM WAS RE'IUKNEU IU UUYt UFFIL:E UN U7-UeC-199y, W11H A UELLVtRY
.wiE UI- 30-Nov-19V8, SIUNHfURE BEINU SEKYEY LUKHS"HIJK.
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tirltR1FF OF LtHIUH LUUN1Y
NOTARIAL SEAL
SUSAN J. SEDORA, NOTI,RY PUBLIC
CITY OT ALLENTOWN, LEHIGH CGONTY, PA
MY COMMISSION EXPIRES JUNC 25th, 2001
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UAbEA : 9w-C-2849
GERALD MIUHAtL; EI AL
VS
VLALIIMIH LUKASHUK; Ef AL
riUNALD W. RUSSI, SHERIFF OF SAID CUUNfY, BELNV DULY SWUHN ALLUHUINULY
IU LAW, UkPL)8ES ANU SAYS THAT ON 25-Nov-19'08 H LUNY OF 'IHE
SUMMONS IN CIVIL AU'IIUN WAS SENT TO
WhIzAf CCIASTAL EXPRESS, INC. VIA CEHIIFIEU MAIL #Z :524 b42 2S0
A7 1bVU1 VAN GAM RUAU SUU'fH HOLLAN, IL 60473.
ArAtU LI'EM WAS RE'IURNEU '1'13 OUR UF'FLCE UN 0'/-Uec-19`i8, WL'IH H ukLIVERY
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NOTARIAL SEAL
SUSAN I. SEOORA, NOPRY PUBLIC
CITY OT ALLENTOWN, LEHIGH COUNTY, PA
MY COMMISSION EXPIRES JUNE 251h, 2001
'tO?A,tg 1d?ptk/ Uln7ty BUItA JOJ 110.( JIUSU'
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1 44
IN THE COURT. ?y;MMON PLEAS OF LFH
V
CIVIL DIVISION
COUNTY. PENNSYLVANIA
Plaintiff(s) & Address(es):
GERALD MICHAEL and HAZEL MICHAEL,
Husband and Wife,
203 North Star Lane
Bunker Hill, WV 25413
VS.
Defendant(s) & Addresses
VLADIMIR LUKASHUK
Rt. 1, Box 347-B
Mt. Solon, VA 22843
- AND -
GREAT COSTAL EXPRESS, INC.
16901 Van Dam Road
South Holland, IL 60473
PRAECIPE FOR SUMMONS
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue summons in
in the above case.
CIVIL ACTION
X Writ f Summons shall be issued ar
Signature of AttoknibV
Laura Rose, Esquire
LAURA ROSE & ASSOCIATES
210 West Burke Street, P.O. Box 2059
Martinsburg, WV 25401
(304) 267-3949
Name Address Telephone Number of Attorney
Date: November 25, 1998
SUMMONS IN CIVIL ACTION
t°E S50 0?4
C:
$ 5
a 5.0:
"' ,
98-C-,734/
on - LAW
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Y N C?
TO: Defendants, Vladimir Lukashuk and Great Costal Expresf, Inc.
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/NAVE COMMENCED AN ACTION AGAINST
YOU.
ANDREA E. NAGLE
Prothonotary/Clerk, Civil Division
Date:
NOTE:USE AN ATTACHED SHEET FOR LENGTHY LIST OF LITIGANTS. ? Deputy
FILING PARTY IS TO COMPLETE BOTH PRAECIPE & WRIT TO EXPEDITE PROCESSING
ct?d"'c?d0 calla
Dcr- .
1/91 E-4F-1
Supreme Court 10 Number 34879
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
GERALD MICHAEL AND HAZEL ) NO. 99-6137
MICHAEL, his wife, )
Plaintiffs )
VS. ) CIVIL ACTION - LAW
GREAT COASTAL EXPRESS, INC., ) JURY TRIAL DEMANDED
VLADIMIR LUKASHUK, )
Defendants )
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE CLERK OF SAID COURT:
Withdraw my entry of appearance for Plaintiffs. Gerald Michael and Hazel Michael, his wife, in the above
case.
ROEGER, WALKER, CASSEL & HOLKO
86
The overeign Building
609 Hamilton Mall
Allentown, PA 18101
(610) 433-5850
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SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
GERALD MICHAEL and HAZEL
MICHAEL, husband and wife
Plaintiffs
V.
VLADIMIR LUKASHUK,
and
GREAT COSTAL EXPRESS, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6137
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW this 11"' day of July 2000,1 hereby certify that I have served the
following Plaintiffs' Answers to Defendant's Interrogatories and Plaintiffs' Responses to
Defendant's Request for Production of Documents on the following by forwarding a true
and correct copy of same in the United States mail, postage prepaid, addressed to:
Sean P. McDonough, Esq.
Dougherty, Leventhal & Price, LLP
425 Spruce Street, 3`O Floor
Scranton, Pa. 18503
Date: July 11, 2000
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
Ron S. Chima, Esq.
Attorney I.D. #81916
6NOLLENBEROER 6.ANUZZI, LLP
1020 LINOLEBTOWN ROAD 3, 00 Box 5A4fl 0HARRINWO. PA 111064545
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SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
GERALD MICHAEL AND HAZEL
MICHAEL,
his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6137
V.
GREAT COASTAL EXPRESS, INC.,
VLADIMIR
LUKASHUK,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as counsel for the Plaintiff in the above-captioned
action.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
Dated: August 15, 2002
I.D. No. 65575
SHOLLENBERGER B JANU3I1. LLP
1830 UNGLESTOWN ROAD* P.O. BOX W5459 HARRISBURG. PA 17064545
(7A1331C100 • FAX 111 71 3 012 3 1 3
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SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
GERALD MICHAEL AND HAZEL
MICHAEL,
his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6137
V.
GREAT COASTAL EXPRESS, INC.,
VLADIMIR
LUKASHUK,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO END, SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned action ended, settled and discontinued with
prejudice.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By: vKarl Januzzi, Esq.
Atto ev I.D. #65575
Dated: August 15, 2002
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SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number. (717) 234-8212
GERALD MICHAEL AND HAZEL
MICHAEL,
his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6137
V.
GREAT COASTAL EXPRESS, INC.,
VLADIMIR
LUKASHUK,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Certificate of Service
AND NOW the 1511 day of August, 2002,1 hereby certify that I have served the
following Praecipe to Enter Appearance on the following by forwarding a true and
correct copy of same In the United States mail, postage prepaid, addressed to:
Sean P McDonough, Esq.
Dougherty, Leventhal & Price, LLP
75 Glenmaura National Boulevard
Moosic, PA 18507
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
Date: August 21, 2002
inuzzi, Esq.
I.D. #65575
SNOUENSEROER 6 JANUU1. LLP
1570 LINOLESTOWN ROAD. PO SO%60515s NARRISSURO,PA IMS-VAS
p1/) 77/-3700 • FA%(It1)7314717
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SHOLLENBERGER & JANUZZI, LLP
1820 Linglestown Road
P.O. Box 60545
Harrisburg, Pennsylvania 17106-0545
Telephone Number: (717) 234-3700
Fax Number: (717) 234-8212
Attorneys for Plaintiffs
GERALD MICHAEL AND HAZEL
MICHAEL,
his wife,
Plaintiffs
V.
GREAT COASTAL EXPRESS, INC.,
VLADIMIR
LUKASHUK,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99.6137
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Certificate of Service
AND NOW the 15'" day of August 2002,1 hereby certify that I have served a
copy of the within Praecipe to End, Settle and Discontinue by depositing a true and
correct copy of same in the United States mail, postage prepaid, addressed to:
Sean P McDonough, Esq.
Dougherty, Leventhal & Price, LLP
75 Glenmaura National Boulevard
Moosic, PA 18507
Respectfully submitted,
& JANUZZI, LLP
By:
Januzzi, Esq.
iy I.D. #65575
Dated: August 20, 2002
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