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HomeMy WebLinkAbout03-3405 RICHARD F. MAFFETT, JR.. ESQUIRE ID #35539 2201 North Second Street Harrisburg. PA 17110 717-233-4160 Attorney for Plaintiff :IN THE COURT OF COMMON PLEAS ~~~;i?;';,'~'i;;-r""SYLVAmA Kings Mountain, N.C. 28086 ~ (~ v I NO. ~ - 3t.fDS L,';"L l~ TARA KAY STONEBRAKER, Defendant 8 pine Ridge Circle Enola, PA. 17025 AND CIVIL ACTION - LAW JURY TRIAL DEMANDED RANDY H. DEWEY, Defendant 300 Hankey Fa~s Drive Oakdale, PA 15071 AND TOTAL TRANSPORTATION CORPORATION, Defendant 91 Spring Run Road Ext., Building 6 Coraopolis, PA 15108 PRAECIPE FOR WRIT OF SUMMONS TO THE PRO'l'HONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action against all Defendants. Writ of Summons for each Defendant shall be issued and forwarded to the Cumberland County Sheriff. Date: 07/16/03 Ri!!:;: ~fl;:;fLC: kg. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. , Dated:.JuL'f I{" :;206.3 r1~~-b'~ ~.~_ p~honotary ffiCJ-?- n _ P ~/?~Y.;-- / I" Deputy '-&Y ~ (:\ ~ 'i 0 0 c-; Cl ~;; ~; ',; - 8 -rJCf' C -.c:: ~ ;1~ i 8 0- c. - () ~ -< ~ I-:~ , ,. -.() -<:;. ~: -. - ' ~:,-.,; , - -." ~ :"-' (), SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLEMONS SHERMAN DEWAYNE VS STONEBRAKER TARA KAY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DEWEY RANDY H but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 19th , 2003 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Allegheny County 50.00 Notary 3.00 90.00 08/19/2003 RICHARD MAFFETT JR So . Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me ~7 r& day of a'r~ this .;l.u-v_, A.D. ~Qr~#- Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLEMONS SHERMAN DEWAYNE VS STONEBRAKER TARA KAY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TOTAL TRANSPORTATION CORPORATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 19th , 2003 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Allegheny County Notary 6.00 .00 10.00 50.00 3.00 69.00 08/19/2003 RICHARD MAFFETT S~~~:~~ R. Thomas Kline Sheriff of Cumberland County JR Sworn and subscribed to before me this ::l,...,i!:' day of ~ ~'3 A.D. ~ /?ot~~~I!~<a~y ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-03405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLEMONS SHERMAN DEWAYNE VS STONEBRAKER TARA KAY ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STONEBRAKER TARA KAY the DEFENDANT , at 1839:00 HOURS, on the 25th day of July , 2003 at 8 PINE RIDGE CIRCLE ENOLA, PA 17025 by handing to HAROLD STONEBRAKER, FATHER OF DEFENDANT a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 10.35 .00 10.00 .00 26.35 So Answers: ~at:-Aff r'~ R. Thomas Kline 08/19/2003 RICHARD MAFFETT JR Sworn and Subscribed to before By: ~ ~j/! , Dep:2; Sherif7~ t<- me this .) 7'" day of ()~ ~Ot>-3 A.D. a~~~ thonotary , 1-J;1--/--r.1> . (~) \ nr~ In The Cwart of Common Pleas Dr Cumberland County,Penn ~IV)l, nia Sherman Dewayne Clemons cl '2J ~ VS. ~J\ ;/ Tara Kay Stonebraker et al . ,. 'J;SEIIVE: Randy Ii. Dewey 03-3405 civil ~ \-\PJN~'1 \~<;, \)CL No, ~ Ql\ \SDl\ I 1'I0w, July 21, 2003 ,I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this, deputation being made at the request and risk of the Plaintiff. ~~...e:",':<~t'~-"" Sheriff of Cumberland County, PA Affidavit of Service NDW, .)'()~3() SUr>1I"')C!,J:> , 20{1;L, at '-I Do o'clock 1 M. served the. within upon ~(\l"\O'1 Ot'w~ at by handing to ~ )4,'5 IN,~ a copy of the original and made known to ~lL- the contents thereof. So answers, ,"'" .rd.f)_ I) IV(..{} ~ County, PA "i0llll'i.1 S..I I SheUa k. O'Brian, Not.." PubUe Cll~ of PlI18burl!t, AUlIIlIony Cooney My Comml..lon BIlplll' 'lune 19, 2004 Memoer, PenMylYlnllAllaClltlanolNollllll Sworn and subscribed before me this _ day of AUG 0, ~&003 ~~ Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT \OO,lD $ 1.o90 $\O~J,W . ~ 1-).'1-0) Gt~&e. UQ5/Nrvtw ~ CJ r :. .~__ In The Court of Common Pleas 6f Cumberland County, Pennsylvania Shennan Dewayne Clemons VS. Tara Kay Stonebraker et al ' To~a~tbrt~l)\j (2~t~a&a- ~&~'-1s, \/4\ \ S \ ~g ow, July 21, 2003 ,I, SHERIFF OF CUMBERLAND COUNTY, PA, do ~~::~F1 <~- No. 03-3405 civil hereby deputize the Sheriff of Allegheny County to execute this Writ, this, deputation being made at the request and risk of the Plaintiff. r~eJ<~~ Sheriff of Cumberland County, PA Affidavit of Service Now, -7-2..<)-03 ,20 03 , at .Q35 o'clock +M. served the. within 1A.1Y2 rr /JTIrt /RIW! P(fR..7trf10JJ q I S(<RII../c. RIJlJ eD eXT Ge-q tee.. B 0J H fIlIAl,) ;f2ue BLtlG #: (g upon at by handing to a copy of the original I.AJ/ltr and made known to /flrvJ the contents thereof. ""ohuiai !iiea; I Sholle t< 0'8rt"', No,,!) Public City. or Phllburlh. AI1.lIhIn~ County. My Commllllon llxplnollune 19. :lOO4 Memtler, Penneylvln/lANOOllllOnOlNolarle8 Sworn and subscribed before me this day of AUG 0 9, aQjJ3 ~J(~ - So "''''''''', S ' f4( Sheriff of ~ l( ~#r>- County, P A COSTS SERVICE MILEAGE AFFIDAVIT $ $ Vllf'i"^1},SHH3d --:;--'1, ,;I'.{I] EO,' WV LS 01 8\: 9lI~ llR!;f;; ,,", ,:! ,u w'lt:t JM1~~hiJ' -'0 :f;YI':f~ OBERMAYER REBMANN MAXWELL & HIPPEL, LLP BY: Jacqueline K. Gallagher, Esquire/Attorney ID # 77833 Mark E. Clouser, Esquire One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Phone: (215) 665-3056 Fax: (215) 665-3165 Our File No. 66249-059 Attorne s for Defendants Rand H. Dewe and Total Trans ortation Cor . SHERMAN DEW A YNE CLEMONS COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYL VANIA Plaintiffs, NO. 03-3405 (Civil Team) vs. TARA KAY STONEBRAKER; RANDY H. DEWEY; and TOTAL TRANSPORTATION CORP. De endants, ENTRY OF APPEARANCE Kindly enter our appearance on behalf of Defendants, R,mdy H. Dewey and Total Transportation Corporation, in the above-referenced matter. DATED: September 17, 2003 CERTIFICATE OF SERVICE I, Jacqueline K. Gallagher, Esquire, attorney for Defend,mts, Randy H. Dewey and Total Transportation Corporation, hereby certify that a copy of the foregoing Entry of Appearance was served on the following counsel of record by first class mail, postage pre-paid: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, P A 1711 0 ~~ DATED: September 17, 2003 3:~;:-:-;" .-~, ( U',. -.',' r:; l ""---' ')> / ~. o C' ~ . (,c; :....) .., .:J \ ;-~ .",0) i',) ~-) ~:,:.J -..; OBERMAYER REBMANN MAXWELL & RIPPEL, LLP BY: Jacqueline K. Gallagher, Esquire/Attorney ID # 77833 Mark E. Clouser, Esquire One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Phone: (215) 665-3056 Fax: (215) 665-3165 Our File No. 66249-059 Attorne s for Defendants Rand H. Dewe and Total Trans ortation Cor . SHERMAN DEW A YNE CLEMONS Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA vs. NO. 03-3405 (Civil Team) TARA KAY STONEBRAKER; RANDY H. DEWEY; and TOTAL TRANSPORTATION CORP. De endants, PRAECIPE FOR RULE TO FILE COMPLAINT To the Prothonotary: Please enter a Rule upon the Plaintiffto file a Complaint within twenty (20) days hereof or suffer the Entry of Judgment of Non Pros. ~~~L GHER,ESQ. MARK E. CLOUSER, ESQ. DATED: September 17, 2003 483608 SHERMAN DEW A YNE CLEMONS Plaintiffs, COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA vs. NO. 03-3405 (Civil Team) TARA KAY STONEBRAKER; RANDY H. DEWEY; and TOTAL TRANSPORTATION CORP. Defendants, RULE TO FILE COMPLAINT AND NOW, this /~ day of Sbp:.t- _, 2003, a Rule is hereby granted upon plaintiff to file a Complaint herein within twenty (20) days of service ofthis Rule, or suffer the entry of a Judgment of Non Pros. 483608 ~r /. ; Cf,l, r~.' :~., /--:- ~ . o c C "A "I ~) " RICHARD F. MAFFETT, JR., ESQUIRE ID #35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :~=W~;:~;----1 BO. 03-3405 CivU ..~ TARA KAY STONEBRAKER, RANDY H. I. CIVIL ACTION - LAW DEWEY, and TOTAL TRANSPORTATION n'~~_~~;-~;-;~~_~_~..m'..m'.._n..nn..nn..m...n...n_..m'..'n.i JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAD THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUEN'l'RA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 RICHARD F. MAFFETT. JR" ESQUIRE ID #35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ............................................................................................................. SHERMAN DEWAYNE CLEMONS, Plaintiff v i NO. 03-3405 Civil Term _~~~.=.~~J=L== COMPLA:INT ~ 5-\ AND NOW, this~ day ofN()v , 2003, comes the Plaintiff. SHERMAN DEWAYNE CLEMONS, by his attorney, Richard F. Maffett, Jr., Esquire, and respectfully represents the following: 1. Plaintiff, Sherman Dewayne Clemons, is an adult individual who currently resides at 206 Drew Court, Kings Mountain, North Carolina, 28086. 2. Defendant, Tara Kay Stonebraker, is an adult individual who currently resides at 8 pine Ridge Circle, Enola, Cumberland County, Pennsylvania, 17025. 3. Defendant, Randy H. Dewey, is an adult individual who currently resides at 300 Hankey Farms Drive, Oakdale, Pennsylvania, 15071. 4. Defendant, Total Transportation Corporation, is a Pennsylvania corporation with a registered office at 91 Spring Run Road Ext., Building 6, Coraopolis, Pennsylvania, 15108, and which regularly conducts business in Cumberland County, Pennsylvania. 5. On July 26, 2001, at about 8:29 p.m., Plaintiff was driving his tractor trailer headed North in the right hand slow lane of Interstate Route 81, about 500 feet from Mile Marker 60.3, in Hampden Township, Cumberland County, PA. 6. At the same time, Defendant Randy Dewey, while working for Defendant Total Transportation Corporation, was driving a tractor trailer owned by Defendant Total Transportation Corporation, also on Interstate Route 81 North, in the left-hand passing lane. 7. At the aforesaid time and place, Defendant Tara Stonebraker was also operating her vehicle in the right-hand, slow lane of Interstate Route 81 North, to the rear of Plaintiff's tractor trailer. 8. At the aforesaid time and place, Defendant Stonebraker moved her car into the center lane of Interstate Route 81 North and began to pass the tractor trailers of Plaintiff and Defendant Dewey, at which time Defendant Dewey also drove his tractor trailer into the center lane, where the right rear of Defendant Dewey's trailer struck the left rear of Defendant Stonebraker's car, at which time Defendant Stonebraker's auto traveled into the right lane, where it collided with the undercarriage of 2 agent of Defendant Total Transportation Corporation, and was engaged in said Defendant's business and was within the scope of his employment with said Defendant. 23. Defendant Total Transportation Company, as the employer of Defendant Dewey, is liable to Plaintiff under the theory of respondeat superior for Defendant Dewey's negligence, as set forth herein above. 24. Defendant Total Transportation Company, as the employer of Defendant Dewey, was negligent and reckless by knowingly and intentionally failing to properly select, train, and supervise their driver, Defendant Dewey, thereby causing Plaintiff's injuries and damages as set forth above. WHEREFORE, plaintiff SHERMAN DEWAYNE CLEMONS demands judgment against Defendant TOTAL TRANSPORTATION COMPANY, in an amount in excess of Thirty-Five Thousand ($35,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ., Esq. 7 VERU'XCATXON I, SHERMAN DEWAYNE. CLEMONS, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject; to the penalties of 18 Pa. C.S.A. \14904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. \14904. Dated: \ \/;;)D-O~ ~~~~~~~S CA~./ - plaintiff RECEIVED NOV 19 2003 CERTXFXCATE OF SERVXCE The undersigned hereby certifies that he served a true and correct copy of the foregoing Complaint upon the parties by depositing same in the united States Mail, postage prepaid, addressed as follows: Jacqueline K. Gallagher, Esquire Obermyer, Rebmann, Maxwell & Hippel, LLP One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard philadelphia, PA 19103-1895 Tara Kay Stonebraker 8 pine Ridge Circle Enola, PA 17025 Dated: \ 1\;;2 \D:> fl1/f /1 -[)i" n1r "";.". r , Ci) ;.s <~' )> . ~'~.. ~. L -.1 --<. (") <;;; .:;..". S? :'1 ."L) ',D ,''':::.., U -< SHERMAN DEW A YNE CLEMONS, Plaintiff vs. TARA KAY STONEBRAKER, RANDY H. DEWEY, and TOTAL TRANSPORTATION CORPORATION, Defendants r : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3405 CIVIL : CIVIL ACTION- LAW : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance ofthe undersigned on behalf of Tara K. Stonebraker only, with respect to the above-referenced matter. Dated: I! J () I D<-{ Respectfully submitted, By: Je e t e .D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Stonebraker I CERTIFICATE OF SERVICE AND NOW, this ~dayof , 2004, I hereby certify that I have served a copy ofthe within document on the following y depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Jacqueline K. Gallagher, Esquire Obermyer, Rebmann, Maxwell & Hippel, LLP One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 CALDWELL & KEARNS 03-677/65672 , , . r>.,'l C.~~ c:.:, __c~ l-:, -'fJ i"'~j 1'..) f'.,".,:, -" l"\~ SHERMAN DEW A YNE CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-3405 CIVIL TARA KAY STONEBRAKER, RANDY H. DEWEY, and TOTAL TRANSPORTATION CORPORATION, Defendants CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Sherman Dewayne Clemons and his attorney, Richard F. Maffett, Jr., Esquire and Randy H. Dewey and Total Transportation Corporation and their attorney, Jacqueline K. Gallagher, Esquire YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter and Crossclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, By: KEARNS Dated: ,1)tJ laL.{ ~ cGuire, Esquire orne LD. No. 73617 631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Stonebraker SHERMAN DEW AYNE CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-3405 CIVIL TARA KAY STONEBRAKER, RANDY H. DEWEY, and TOTAL TRANSPORTATION CORPORATION, Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT TARA KAY STONEBRAKER'S ANSWER WITH NEW MATTER AND CROSSCLAIM AND NOW, comes the Defendant, Tara Kay Stonebraker, by and through her attorneys, Caldwell & Kearns, to Answer Plaintiffs Complaint and aver New Matter and Crossc1aim as follows. 1. - 7. Admitted. 8. Admitted in part, denied in part. It is admitted that the accident occurred as stated; however, after reasonable investigation, Answering Defendant is without sufficient information to determine the truth or accuracy ofthe remaining averments ofthis paragraph, and the same are hereby denied with strict proofthereof demanded at time oftrial. 9. Denied. After reasonable investigation, Answering Defendant is without sufficient information to determine the truth or accuracy ofthe averments ofthis paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. 10. Denied. After reasonable investigation, Answering Defendant is without sufficient information to determine the truth or accuracy of the averments ofthis paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. 2 II. Denied. After reasonable investigation, Answering Defendant is without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. 12. Denied. After reasonable investigation, Answering Defendant is without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. 13. Denied. After reasonable investigation, Answering Defendant is without sufficient information to determine the truth or accuracy ofthe averments of this paragraph, and the same are hereby denied with strict proofthereof demanded at time oftrial. 14_ Denied. After reasonable investigation, Answering Defendant is without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. COUNT ONE: SHERMAN DEW AYE CLEMONS v. TARA KAY STONEBRAKER 15. The answers to paragraphs I through 14 are incorporated herein by reference as if fully set forth. 16. Denied. The averments in this paragraph are conclusions oflaw to which no response is deemed necessary. 17. Denied. The averments in this paragraph are conclusions oflaw to which no response is deemed necessary. WHEREFORE, Answering Defendant Tara Kay Stonebraker respectfully requests that this Honorable Court dismiss Plaintiffs Complaint and enter judgment in her favor and against the Plaintiff without cost to her but together with such costs, expenses and attorneys' fees as 3 authorized by law and that this Court deems necessary, just and appropriate under the circumstances. COUNT TWO: SHERMAN DEW AYNE CLEMONS v. RANDY H. DEWEY 18. The answers in paragraphs 1 through 17 are incorporated herein by reference as if fully set forth. 19. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 20. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. WHEREFORE, Answering Defendant Tara Kay Stonebraker respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and enter judgment in her favor and against the Plaintiff without cost to her but together with such costs, expenses and attorneys' fees as authorized by law and that this Court deems necessary, just and appropriate under the circumstances. COUNT THREE: SHERMAN DEWAYNE CLEMONS v. TOTAL TRANSPORTATION CORPORATION 21. The answers in paragraphs 1 through 20 are incorporated herein by reference as if fully set forth. 22. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 23. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 4 24. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. WHEREFORE, Answering Defendant Tara Kay Stonebraker respectfully requests that this Honorable Court dismiss Plaintiffs Complaint and enter judgment in her favor and against the Plaintiff without cost to her but together with such costs, expenses and attorneys' fees as authorized by law and that this Court deems necessary, just and appropriate under the circumstances. NEW MATTER 25. The answers to paragraphs I through 24 are incorporated herein by reference as if fully set forth. 26. Plaintiff s claim is barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 27. Plaintiffs injuries pre-existed the motor vehicle accident which is the subject of Plaintiffs Complaint. 28. In accordance with 91722 of the Pennsylvania Motor Vehicle Financial Responsibility law, Plaintiff is not entitled to recover any sums paid or payable from any group plan or other arrangement from the Answering Defendant. 29. Plaintiff fails to plead whether he was bound by the limited tort or full tort option on the date ofthe accident, and iflimited tort applies, Plaintiff failed to plead an exception to the rule prohibiting recovery of non-economic damages in accordance with 75 Pa. C.S.A. 91705. 30. The Answering Defendant specifically preserves those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C.P. 1030. 5 WHEREFORE, Answering Defendant Tara Kay Stonebraker respectfully requests that this Honorable Court dismiss Plaintiffs Complaint and enter judgment in her favor and against the Plaintiff without cost to her but together with such costs, expenses and attorneys' fees as authorized by law and that this Court deems necessary, just and appropriate under the circumstances. CROSS CLAIM PURSUANT TO Pa. R.C.P. 225Ud) RANDY H. DEWEY 31. The answers and averments in paragraphs I through 30 are incorporated herein as if fully set forth. 32. The injuries and damages, if any, suffered by Plaintiff Sherman Dewayne Clemons were caused in whole or in part by the negligence of Defendant Randy H. Dewey, as set forth in Count Two of Plaintiff s Complaint, which is incorporated herein by reference. 33. If it is determined that Plaintiff Sherman Dewayne Clemons is entitled to recover from the Answering Defendant, then Answering Defendant is entitled to contribution and/or indemnification from Defendant Randy H. Dewey. 34. This New Matter pursuant to Pa. R.C.P. 2252(d) is filed to protect the rights of contribution and/or indemnity of Answering Defendant in the event that it is determined that Answering Defendant is jointly and/or severally liable to Plaintiff Sherman Dewayne Clemons, which liability on the part ofthe Answering Defendant is hereby denied. WHEREFORE, Answering Defendant Tara Kay Stonebraker respectfully submits that Defendant Randy H. Dewey is solely liable to Plaintiff Sherman Dewayne Clemons, liable over to Answering Defendant Stonebraker or jointly and severally liable with Answering Defendant Stonebraker. 6 CROSSCLAIM PURSUANT TO Pa. R.C.P. 2252(d) TOTAL TRANSPORTATION CORPORATION 35. The answers and averments in paragraphs I through 34 are incorporated herein as if fully set forth. 36. The injuries and damages, if any, suffered by Plaintiff Sherman Dewayne Clemons were caused in whole or in part by the negligence of Defendant Total Transportation Corporation, as set forth in Count Three of Plaintiffs Complaint, which is incorporated herein by reference. 37. If it is determined that Plaintiff Sherman Dewayne Clemons is entitled to recover from the Answering Defendant, then Answering Defendant is entitled to contribution and/or indemnification from Defendant Total Transportation Corporation. 38. This New Matter pursuant to Pa. R.C.P. 2252(d) is filed to protect the rights of contribution and/or indemnity of Answering Defendant in the event that it is determined that Answering Defendant is jointly and/or severally liable to Plaintiff Sherman Dewayne Clemons, which liability on the part of the Answering Defendant is hereby denied. WHEREFORE, Answering Defendant Tara Kay Stonebraker respectfully submits that Defendant Total Transportation Corporation is solely liable to Plaintiff Sherman Dewayne Clemons, liable over to Answering Defendant Stonebraker or jointly and severally liable with Answering Defendant Stonebraker. 7 Dated: \/){) /o'-{ . Respectfully submitted, By: '- cGuire, Esquire e .D. No. 73617 631 rth Front Street Harrisburg, P A 1711 0 (717) 232-7661 Attorney for Defendant Stonebraker 8 VERIFICATION The undersigned, TARA KAY STONEBRAKER, hereby verifies that the facts set forth in the Answer with New Matter and Crossclaim are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~Ul t~ ~t~t~ TARA KAY STO BRAKER CERTIFICATE OF SERVICE AND NOW, this ~ day of , 2004, I hereby certify that I have served a copy of the within document on the following by epositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Jacqueline K. Gallagher, Esquire Obermyer, Rebmann, Maxwell & Hippel, LLP One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 CALDWELL & KEARNS BY~. lil L ') 03-677/65674 9 rj -11 ",) r,,j r~, " I"'J -< To the herein plaintiff, you are hereby notified to plead to the enclosed New Matter within twenty (20) days from service thereof or default judgment may be entered a ainst ou. , To the herein co-defendant, you are hereby notified to plead to the enclosed New Matter Crossclaim within twenty (20) days from service thereof or default judgment ma be ente~ed against ou. OBERMAYER REBMANN MAXWELL & RIPPEL, LLP BY: Jacqueline K. Gallagher, Esquire/Attorney ID # 77833 Mark E. Clouser, Esquire One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Phone: (215) 665-3056 Fax: (215) 665-3165 Our File No. 66249-059 Attorne s for Defendants Rand H. Dewe and Total Trans ortation Cor . SHERMAN DEW A YNE CLEMONS COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiffs, NO. 03-3405 (Civil Team) vs. TARA KAY STONEBRAKER; RANDY H. DEWEY; and TOTAL TRANSPORTATION CORP. De endants, ANSWER OF DEFENDANTS RANDY H. DEWEY AND TOTAL TRANSPORTATION CORPORATION WITH NEW MATTER AND NEW MATTER CROSSLCLAIM PURSUANT TO Pa. R.C.P. 2252(d) Defendants, Randy H. Dewey and Total Transportation Corporation, by way of Answer to the plaintiffs Complaint, state as follows: I. Answering defendants are without sufficient information or knowledge to form a belief as to the truth of the allegations contained in this paragraph; therefore same are denied. 2. Answering defendants are without sufficient information or knowledge to form a belief as to the truth of the allegations contained in this paragraph; therefore same are denied. 504565 3. Admitted. 4. Admitted in part; denied in part. Defendant, Total Transportation Corporation, admits that it is a Pennsylvania Corporation. Except as expressly admitted, the remaining allegations in this paragraph are denied. . 5. Admitted in part; denied in part. Answering defendants admit only that plaintiff was driving a tractor trailer headed north on 1-81 on July 26,2001. Except as expressly admitted, the remaining allegations in this paragraph are denied. 6. Admitted. 7. Answering defendants are without sufficient information or knowledge to form a belief as to the truth of the allegations contained in this paragraph; therefore same are denied. 8. Denied as stated. 9. (a) - (d) Answering defendants are without sufficient information or knowledge to form a belief as to the truth of the allegations contained in this paragraph; therefore same are denied. By way of further answer, the allegations of this paragraph constitute conclusions oflaw to which no responses are required. 10. Answering defendants are without sufficient information or knowledge to form a belief as to the truth of the allegations contained in this paragraph; therefore same are denied. By way offurther answer, the allegations of this paragraph constitute conclusions oflaw to which no responses are required. II. Answering defendants are without sufficient information or knowledge to form a belief as to the truth of the allegations contained in this paragraph; therefore same are denied. By way of further answer, the allegations of this paragraph constitute conclusions of law to which no responses are required. 504565 2 12. Answering defendants are without sufficient information or knowledge to form a belief as to the truth of the allegations contained in this paragraph; therefore same are denied. By way of further answer, the allegations of this paragraph constitute conclusions oflaw to which no responses are required. 13. Answering defendants are without sufficient information or knowledge to form a belief as to the truth of the allegations contained in this paragraph; therefore same are denied. By way of further answer, the allegations of this paragraph constitute conclusions oflaw to which no responses are required. 14. Answering defendants are without sufficient information or knowledge to form a belief as to the truth of the allegations contained in this paragraph; therefore same are denied. By way of further answer, the allegations ofthis paragraph constitute conclusions oflaw to which no responses are required. Count One Sherman Dewayne Clemons y. Tara Kay Stonebraker 15. Answering defendants incorporate by reference their answers to paragraphs one through fourteen of the plaintiffs Complaint as if same were set forth more fully herein. 16. The allegations of this paragraph are not directed to answering defendants; however to the extent same are directed to answering defendants, the same are denied. 17. (a) - (f) The allegations ofthis paragraph are not directed to answering defendants; however to the extent same are directed to answering defendants, the same are denied. WHEREFORE, answering defendants, Randy H. Dewey and Total Transportation Corporation, demand judgment in their favor together with interest, attorneys fees and costs. 504565 3 Count Two Sherman Dewavne Clemons v. Randv H. Dewev 18. Answering defendants incorporate by reference their answers to paragraphs one through eighteen of plaintiff s Complaint as if the same were set forth more fully herein. 19. Denied as stated. 20. (a) - (f) Denied. WHEREFORE, answering defendants, Randy H. Dewey and Total Transportation Corporation, demand judgment in their favor together with interest, attorney's fees and costs. Count Three Sherman Dewavne Clemons v. Total Transportation Corp. 21. Answering defendants incorporate by reference their answers to paragraphs one through twenty of the plaintiff s Complaint as if the same were set forth more fully herein. 22. Admitted. 23. Denied. 24. Denied. WHEREFORE, answering defendants, Randy H. Dewey and Total Transportation Corporation, demand judgment in their favor together with interest, attorney's fees and costs. New Matter 25. Answering defendants incorporates by reference their answers to paragraphs one through twenty-four of plaintiff s Complaint as if same were set forth more fully herein. 26. Plaintiffs Complaint fails to state a cause of action upon which relief may be granted. 27. Plaintiffs claims are barred by the applicable statute oflimitations. 28. Plaintiff s claims are barred by the doctrine of assumption of risk. 504565 4 29. The injuries complained of by plaintiffs are due solely to negligence, carelessness or recklessness of the plaintiff himself, and were in no way caused by answering defendants. 30. Plaintiff failed to mitigate his damages, if any. 31. Plaintiffs claims are barred and/or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa. C.S.A. S 1701 et seq. 32. Plaintiffs damages, if any, were caused solely by the negligence, recklessness or carelessness of third parties over whom answering defendants had no control. 33. Answering defendants were confronted with a sudden and unavoidable emergency. New Matter Crossclaim Pursuant to Pa. R.C.P. 2252(d) Randv H. Dewev and Total Transportation Corporation vs. Tara Kav Stonebraker 34. Answering defendants incorporate by reference their answers to paragraphs one through twenty-four of plaintiff s Complaint and their New Matter set forth in this Answer as if same were set forth more fully herein. 38. In the event that it is determined that plaintiff sustained any losses and/or damages as alleged in the Complaint, which is respectfully denied, then defendant, Tara Kay Stonebraker is solely, severally, and/or jointly liable to plaintiff. 39. Alternatively, in the event that plaintiff sustained any losses and/or damages as alleged in his Complaint, which is respectfully denied, answering defendants seek indemnification and/or contribution against co-defendant, Tara Kay Stonebraker on the basis of plaintiffs allegations as set forth in the Complaint, which allegations are incorporated herein by reference for the purpose of this New Matter Crossclaim and without in any way admitting liability on behalf of answering defendants. 504565 5 WHEREFORE, answering defendants Randy H. Dewey and Total Transportation Corporation, demand judgment in their favor together with interest, attorney's fees and costs. OBERMA YER REBMANN MAXWELL & RIPPEL LLP DATED: January 28,2004 504565 6 VERIFICATION I, Jacqueline K. Gallagher, Esquire, hereby state that I am an attorney for defendants, Randy H. Dewey and Total Transportation Corp., and am authorized to make this verification on its behalf, and that the statements made in the foregoing Answer with New Matter and New Matter Crossclaim are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. ~~~ CQUE K. GALLA' ER, ESQ DATED: January 28,2004 504565 7 CERTIFICATE OF SERVICE I, Jacqueline K. Gallagher, Esquire, attorney for Defendants, Randy H. Dewey and Total Transportation Corporation, hereby certify that a copy of the foregoing Entry of Appearance was served on the following counsel of record by first class mail, postage pre-paid: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, P A 1711 0 Jeffrey T. McGuire, Esquire 3631 North Front Street Harrisburg, P A 1711 0 .~ If . ~QUE E K. GALWHER, ESQ DATED: January 28,2004 504565 8 0 ...... .~ = c: = <i-- ..... u.~ ." ~I , , ~ <:0 7: ~ :8. UJ g, ~.~:_,:: :;1>0 ~;E~ =J.Z ._~ ~z:: ~ ::;: VI c.,"l SHERMAN DEW A YNE CLEMONS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-3405 CIVIL TARA KAY STONEBRAKER, RANDY H. DEWEY and TOTAL TOTAL TRANSPORTATION CORPORATION Defendants CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT STONEBRAKER'S REPLY TO NEW MATTER OF DEFENDANTS RANDY H. DEWEY AND TOTAL TRANSPORTATION CORPORATION AND NOW, COMES the Defendant, Tara Kay Stonebraker, by and through her attorneys, Caldwell and Kearns, to answer Defendants, Randy H. Dewey's and Total Transportation Corporation's New Matter, as follows: 25. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 26. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 27. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 28. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 29. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 30. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 31. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 32. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 33. The averments in this paragraph are directed to a party other than the Answering Defendant, so no response is necessary. 34. Answering Defendant incorporates by reference her answer with New Matter and Crossclaim as if fully set forth. 38.[ sic] Denied. The averments in this paragraph are conclusions of law to which no response is deemed necessary. 39. Denied. The averments in this paragraph are conclusions oflaw to which no response is deemed necessary. WHEREFORE, Answering Defendant, Tara Kay Stonebraker, respectfully submits that Defendant, Randy H. Dewey, is solely liable to Plaintiff, Sherman Dewayne Clemons, liable over to Answering Defendant Stonebraker, or jointly and severally liable with Answering Defendant Stonebraker. Respectfully submitted, Dated: f-ebvuo vJ y, LiD\) 'I 03-677/68352 By: ../; J tt ey J.D. No. 73617 3631 North Front Street Harrisburg, P A 1711 0 (717) 232-7661 Attorneys for Defendant, Tara Kay Stonebraker & KEARNS l------ CERTIFICATE OF SERVICE AND NOW, this c.; 'day of , 2004, I hereby certify that lowing by depositing a true and I have served a copy of the within document on the correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, P A 17110 Jacqueline K. Gallagher, Esquire Obermyer, Rebmann, Maxwell & Hippel, LLP One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 CALDWELL & KEARNS DL ~.f.c>~ o c ~ \:'1.:C) fTijl , '7'."', Zf~.' ~'~F ~2l' ~C:. ..=() ")::loC Z ~ ...., = = .r- ..., rn OJ I Ul o -" :;:!- ~:o.~ ::0 8. ~-rl '='0 /:~ tn o -, ?i1 '< -0 ~.. - r:J o co OBERMAYER REBMANN MAXWELL & RIPPEL, LLP BY: Jacqueline K. Gallagher, Esquire/Attorney ID # 77833 Mark E. Clouser, Esquire One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Phone: (215) 665-3056 Fax: (215) 665-3165 Our File No. 66249-059 Attorneys for Defendants Randy H. Dewey and Total Transportation Corp. SHERMAN DEW A YNE CLEMONS COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiffs, vs. NO. 03-3405 (Civil Team) TARA KAY STONEBRAKER; RANDY H. DEWEY; and TOTAL TRANSPORTATION CORP. Defendants, ANSWER OF DEFENDANTS RANDY H. DEWEY AND TOTAL TRANSPORTATION CORPORATION TO NEW MATTER CROSSLCLAlM OF DEFENDANT TARA KAY STONEBRAKER Defendants, Randy H. Dewey and Total Transportation Corporation, by way of Answer to the New Matter Crossclaim of Defendant Tara Kay Stonebraker, state as follows: AS TO DEF. RANDY H. DEWEY 31. Denied. 32. Denied. 33. Admitted in part, denied in part. It is admitted that should it be determined that Plaintiff sustained any losses and/or damages as alleged in the Complaint, which is denied, Defendant Tara Kay Stonebraker is liable to the Plaintiff. It is denied that Defendant, Randy H. Dewey had any liability whether sole, several or joint to Plaintiff It is additionally averred that Defendant, Tara Kay Stonebraker, is solely, severally and/or jointly liable to the Plaintiff. 512903 34. Denied. In the event that any losses by Plaintiff are sustained in the form of damages as alleged in the Complaint, which is respectfully denied, Defendant Tara Kay Stonebraker is not entitled to any indemnification or contribution against Defendant Randy H. Dewey. WHEREFORE, Defendants Total Transportation Corp. and Randy H. Dewey respectfully request this Honorable Court to dismiss Defendant Tara Kay Stonebraker's New Matter Crossclaim with prejudice. AS TO DEF. TOTAL TRANSPORTATION CORP. 35. Denied. 36. Denied. 37. Admitted in part, denied in part. It is admitted that should it be determined that Plaintiff sustained any losses and/or damages as alleged in the Complaint, which is denied, Defendant Tara Kay Stonebraker is liable to the Plaintiff. It is denied that Defendant, Total Transportation Corp. had any liability whether sole, several or joint to Plaintiff. It is additionally averred that Defendant, Tara Kay Stonebraker, is solely, severally and/or jointly liable to the Plaintiff. 38. Denied. In the event that any losses by Plaintiff are sustained in the form of damages as alleged in the Complaint, which is respectfully denied, Defendant Tara Kay Stonebraker is not entitled to any indemnification or contribution against Defendant Total Transportation Corp. WHEREFORE, Defendants Total Transportation Corp. and Randy H. Dewey respectfully request this Honorable Court to dismiss Defendant Tara Kay Stonebraker's New Matter CrosscIaim with prejudice. 512903 2 DATED: February 5, 2004 512903 OBERMA YER REBMANN MAXWELL & HIPPEL LLP 3 CERTIFICATE OF SERVICE I, Jacqueline K. Gallagher, Esquire, attorney for Defendants, Randy H. Dewey and Total Transportation Corporation, hereby certify that a copy of the foregoing Entry of Appearance was served on the following counsel of record by first class mail, postage pre-paid: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, P A 1711 0 JeffreyT. McGuire, Esquire 3631 North Front Street Harrisburg, PA 17110 DATED: February 6, 2004 ~. . ~/ t1 jt~f ~ /tt/ JA~LlNE K. GALL'" ER, E\Q. 512903 4 (2 , . r-' c;.~ - ' - -r\ C''-1 0) <:/ ',~ ~~~ , /.. :2 - co -...1 -_.~ \~il , ~S1f;::, - <-,-, (:,.\~~! '0.) -- -c; :-~: f') .. :., ~:;;.~, f" 1..1I :%. " SHERMAN DEW A YNE CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 03-3405 CIVIL TARA KAY STONEBRAKER, RANDY H. DEWEY, and TOTAL TRANSPORTATION CORPORATION, Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED MOTION TO COMPEL PLAINTIFF'S ANSWERS TO DEFENDANT STONEBRAKER'S DISCOVERY REOUESTS AND NOW, comes the Defendant, Tara Kay Stonebraker, by and through her attorneys, CALDWELL & KEARNS, and files the within Motion to Compel Plaintiff to answer, in full, Defendant Stonebraker's Interrogatories and Request for Production of Documents which were served upon the Plaintiff on or about February 19, 2004, and in support thereof avers the following: L On or about July 16, 2003, Plaintiff filed a Writ of Summons against Defendants Tara Kay Stonebraker, Randy H. Dewey, and Total Transportation Corporation. 2. On or about November 21,2003, Plaintiff filed a Complaint against said Defendants. 3. On or about January 22,2004, Defendant Stonebraker filed an Answer and New Matter to the Complaint 4. On February 19, 2004, Defendant Stonebraker served Plaintiff with Interrogatories and a Request for Production of Documents. (See Exhibit "A", copy of Interrogatories, and Exhibit "B", copy of Request for Production of Documents) 2 . " 5. On or about August 12,2004, Defendant Stonebraker's counsel advised Plaintiff's counsel that his discovery requests had not yet been received. (See Exhibit "C", copy of correspondence dated August 12,2004) 6. On or about September 8, 2004, counsel for Defi:ndant Stonebraker again reminded counsel for the Plaintiff that Plaintiff's responses to discovery were still outstanding. (See Exhibit "D", copy of correspondence dated September 8,2004) 7. To date, Plaintiff's counsel has failed to produce documents or written responses to Defendant Stonebraker's discovery requests. 8. Pa. RC.P. 4005 authorizes any party in an action to serve written Interrogatories upon an adverse party. Pa. RC.P. 4006 requires that an answer, and, if necessary, objections be served upon the requesting party within thirty (30) days of the answering party's receipt of the Interrogatories. 9. Pa. RC.p. No. 4009.11 authorizes a party to serve a Request for Production of Documents, without leave of court, upon a party to the action, and Pa. RC.p. 4009.12 provides that the party upon which such requests are served must provide its answer and, if necessary, any objections, within thirty (30) days ofreceipt. 10. Almost eight months have passed since the discovery requests were served and, to date, the Plaintiff has failed to respond or file objections. II. Accordingly, Defendant Stonebraker is entitled to have her Interrogatories and Request for Production of Documents answered, in full, and the Plaintiff has failed to file timely obj ections or responses to the same. 3 . , 12. Counsel for Plaintiff, Richard F. Maffett, Jr., Esquire, does not concur with the filing of this Motion. Counsel for co-Defendants Dewey and Total Transportation Corporation, Barbara S. Kueny, Esquire, has indicated her concurrence. WHEREFORE, for all the foregoing reasons, the Defendant respectfully requests that this Honorable Court grant the within Motion and compel Plaintiff to answer her discovery requests within ten (10) days of this Honorable Court's Order or suffer llhe appropriate sanctions. Respectfully submitted, Jef y McGuire, Esquire orney .D. No. 73617 3631 North Front Street Harrisburg,PA 17110 (717) 232-7661 Attorney for Defendant Stonebraker 1 & KEARNS I/~ Dated: ID/)C/6V I I By: 4 . , (~h)b)f A --- - '. SHERMAN DEW A YNE CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAN]) COUNTY, PENNSYLVANIA vs. NO. 03-3405 CrVIL TARA KAY STONEBRAKER, RANDY H. DEWEY, and TOTAL TRANSPORTATION CORPORATION, Defendants CNIL ACTION- LAW : JURY TRIAL DEMANDED DEFENDANT STONEBRAKER'S INTERROGATORIES DIRECTED TO PLAINTIFF TO: Sherman DeWayne Clemons and his attorney, Richard F. Maffett, Jr., Esquire PLEASE TAKE NOTICE that you are hereby required, pursuanl to Pennsylvania Rules of Civil Procedure No. 4001, et seq., to serve upon the undersigm:d, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. Respectfully submitted, CALDWELL & KEARNS Dated: ~/~~'1 By: . M::JSqUire torney J.D. No. 73617 3631 North Front Street Harrisburg, P A 17110 (717) 232-7661 Attorney for Defendant Stonebraker J '. DEFINITIONS AND INSTRUCTIONS I. Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. 2. Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (a) The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (b) Its date (or if it bears no date, the date when it was prepared); (c) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (d) The name, address, employer and position of the person, ifany, to whom the document was sent; (e) If you have any possession, custody or conilrol of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (I) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (g) A brief statement of the subject matter of such document. " 3. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (a) The means ofcornrnunication (e.g., telephone, personal conversation, etc.); (b) Where it took place; (c) Its date; (d) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (e) The substance of who said what to whom and the order in which it was said; and (f) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the marmer indicated above. 4. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement ofthe subject matter of the document, or the substance of the oral communication called for above. You shall., however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. 5. Whenever you are asked to "idenlify" a person, the following information should be given: (a) The name, present address and present employer and position of the person; and -;I (b) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possllssion. 6. The term "you" shall be deemed to mean and refe:r to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer 10, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requesled herein is not Plivileged. 7. The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. 8. Each Interrogatory shall be answered separately and fully unless objected to, in which event the reasons for objection shall be stated in lieu of an answer. When, after a reasonable and thorough investigation using due diligence you ar<e unable to answer any Interrogatory, or any part Ihereof, on the ground of lack of information available to you, specify in full and complete detail why the information is not available to you and what has been done to locate the information. 9. Where your answer to one Interrogatory would be identical to your answer to a preceding Interrogatory, rather than repeat the answer in full, you may simply incorporate your preceding answer by reference. " 10. These Interrogatories shall be deemed to be continuing Interrogatories, Between the time of your answers to said Interrogatories and the time oftrial, if you or anyone acting in your behalf learns the identify or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested her,ein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same, " I. Please set forth your full legal name. ANSWER: 2. Please set forth any other names which you have used, the inclusive dates during which each such name was used and the reason for such usage. ANSWER: 3. Please set forth your present address, any address used by you during the last ten (10) years and the dates on which you utilized each such address. ANSWER: 4. ANSWER: Please set forth your date of birth and the state, county and city of your birth. 6 " 5. Please set forth your social security number. ANSWER: 6. State the names of all spouses with whom you have been married in the past ten (10) years indicating the date and place of each marriage, and the date and reason for the termination of each marriage, including the term and number of any divorce action. ANSWER: 7. Have you ever been a member of the Armed Services? 1fso, state: (a) the branch of the military service in which you served; (b) the highest military rank you obtained; ( c) your serial number; (d) the inclusive dates of services; (e) the type of discharge you received; and (f) whether or not you served in combat. ANSWER: 7 " 8. State the name and address of each school or other educational institution which you have attended, listing the dates of attendance and the courses of study. Include on-the-job and any specialized training which you have received. ANSWER: 9. Have you ever been convicted of a felony or misdemeanor? If so, state: (a) the count and state in which you were convicted; (b) the nature of the felony or misdemeanor of which you were convicted; (c) whether such conviction resulted from a jury verdict, plea of guilty or plea of nolo contendere; (d) the date of your conviction; ( e) the name and address of the tribunal imposing sentence; (f) the title of the cause and case number assigned by said tribunal to your case; (g) the nature of the sentence imposed; and (h) the dates and places of any facility in which you were incarcerated. ANSWER: 8 10. Please identify your current employer and each (:mployer for whom you have worked during the past five years and set forth as to your current employer and each past employer: (a) the identity and legal address of your employer(s); (b) your job title and duties during the course of each such employment; (c) dates of employment; (d) yourrate of pay; (e) the number of hours you usually worked each week at each such employment; (f) the name, business and residence address and telephone number of your immediate supervisor at each such employment; and (g) the reason for leaving each past employer. ANSWER: 9 11. Have you ever made a claim for personal injuries or property damage under any insurance policy, or against any person, firm or corporation or to any governmental agency? If so, state: (a) the name and address of the person or entity against whom such claim was made; (b) a description of each injury or damage which was the subject of each such claim; (c) the name and address ofthe tribunal where such claim was filed, the title ofthe cause, case or claim and the number assigned by the tribunal to such cause, case or claim; (d) the name and address of the insurer affording coverage applicable to said claim and the claim number assigned to said claim; (e) the date and manner in which you suffered the injuries or damage giving rise to such claim; and (f) the date and amount of money paid, ifany, to settle or otherwise satisfy said claim. ANSWER: 10 12. Have you ever suffered any injuries in any accident, or suffered any injury or disease in those portions of the body claimed by you to have bel~n affected by the incident, either prior or subsequent to the incident referred to in the Complaint? If so, provide: (a) the date, time and place ofthe accident; (b) a detailed description of the manner in which the accident occurred; (c) the names and addresses of all physicians, hospitals or health care providers who rendered any treatment to you; (d) the nature of any injuries sustained; (e) the extent of recovery; and (f) the nature of any compensation received. ANSWER: II 13. Without referring to the Complaint, state in detail the nature of the injury or injuries you allege that you suffered as a result of the incident r~:ferred to in the Complaint and with respect thereto, indicate the extent and nature of any disability, the location of pain suffered and duration and intensity of such pain, and whether you suffered restraint of your normal activities due to the injuries including the nature of such restraint and the date(s) of such restraint. ANSWER: ]2 14. If you received any treatment with respect to the injuries allegedly suffered, state: (a) the name and address of each physician, hospital or health care provider in which you were treated or admitted; (b) the dates on which said treatment was rendered, including the dates of entry and discharge into and from said hospital or hospitals; (c) describe the services rendered by each of the physicians, hospitals or health care providers listed above; (d) itemize the cost and expenses of all treatment received. ANSWER: 13 15. Since the date of the incident referred to in your Complaint, have you been treated by or examined by, or conferred with any other physician, surgeon, osteopath, chiropractor, or medical or dental practitioner of any type whatsoever whose name you have not heretofore supplied? If so, indicate: (a) the name and address of each medical practitioner of any type who has examined, treated, conferred or consulted with you; (b) the date of such examination, treatment or consultation; and (c) the condition for which said treatment was provided. ANSWER: 16. Have you sustained any loss of wages, financial loss or diminution in earning capacity as a result of the incident complained of? If so, describe the nature and amount of such loss or losses. ANSWER: 14 17. If you have incurred any medical bills or expenses of any kind in connection with the alleged injuries not heretofore listed, state the person with whom such bill was incurred, the amount of such bill and the service or thing for which the bill was rendered. ANSWER: 18. If you are still receiving medical service or treatment or any nature whatsoever, state the name( s) or the person( s) attending you, the approximate frequency of said treatment or service and the date you last received said treatment or service. ANSWER: 15 ] 9. Have you consulted in the past ] 0 years with any physician, chiropractor, acupuncturist, hospital or any other health care provider for any illness, injury, surgical procedure, hospitalization or institutional confinement? If so, state: (a) the name and address of the physician, hospital or health care provider with whom you consulted or were treated; (b) the dates of such consultation or treatment; and (c) the nature of the illness, injury or ailment for which the consultation was sought. ANSWER: 20. Do you have a family physician or other health care provider with whom you consult for general physical or mental complaints? If so, provide the name and address of such family physician or health care provider? ANSWER: 16 OJ 21. Have you ever been involved in a motor vehicle accident other than the incident referred to in the Complaint? If so, provide, for each accident: (a) the date of the accident; (b) the state, county and city, township or borough where the accident occurred; (c) the names and addresses of all operators of other motor vehicles involved in the accident; (d) a description oflhe accident; ( e) the nature of any injuries sustained; (f) the names and addresses of all health care providers who treated you for any injuries; and (g) the identity of the police force that investigated Ihe accident. ANSWER: 17 22. List all hobbies and forms of recreation in which you have participated in the last ten (10) years. ANSWER: 23. Identify by name and address of owner and by the, make, model and year, each vehicle known or believed by you to have been involved, directly or indirectly, in the accident referred to in the Complaint. ANSWER: 18 24. Without referring to the Complaint or Police Accident Report, state in detail the manner in which you assert that the incident referred to in the Complaint occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately after the collision. ANSWER: 19 25. List the names and addresses of all person known or believed by you or any person acting on your behalf, to have firsthand knowledge of the facts and circumstances of the incident or of the events leading up to or following the incident. ANSWER: 26. List the names and addresses of all persons, including potential expert witnesses, from whom you or anyone acting on your behalf has obtained any information and/or statements as to how the incident happened or the cause of the incident. ANSWER: 20 27. State the full name and last known address, giving the street, street number, city and state of every witness known to you, or to your attorneys, or representatives, who claim to have seen or heard any party to this action make any statement or statements pertaining to any of the events or happenings which is the subject of this suit. ANSWER: 28. Provide the name and address of each person who. you know or believe conducted an investigation concerning the incident referred to in the Complaint. ANSWER: 21 29. At the time of the incident referred to in your Complaint, did you have any condition for which you wore eyeglasses, or for which eyeglasses had been prescribed for you, and if so, state whether you were wearing eyeglasses at the time of the incident referred to in the Complaint. ANSWER: 30. Were you ever charged for any violation of the motor vehicle or traffic laws or ordinances of any state or municipality arising out of the incident referred to in your Complaint? If so, state by whom and before whom you were charged and the disposition of the charge. ANSWER: 22 31. If you intend to call any technicians or experts (including medical experts) as witnesses during the trial of this action, please state with respect to each such technician or expert: (a) his name, address, and the professional occupation and field in which he is an expert (you may attach his curriculum vitae); (b) the subject matter on which the expert is expected to testify and the substance of the facts and opinions to whi<ch the expert is expected to testify and a summary of the grounds for ~:ach opinion; (c) if the opinion is based upon a medical or scientific rule or principle, or is based upon any code, regulation, standard (governmental or otherwise) or is based upon any scientific, medical or engineering textbook or publication, identify the scientific or medkal rule or principle, code or regulation or scientific, medical or engineering textbook or publication; (d) whether any of the experts were compensalted for their work and efforts in connection with this action and, if so, stat~: how much the expert is to be paid, whether he has already been paid, and if not, when he will be paid. ANSWER: 23 32. Have you ever applied for insurance and/or no-fault benefits as a result of the injuries sustained in this accident? If so, state: (a) the name and address of the insurance canier to whom you have applied; (b) the adjuster or claims person handling the file; (c) the applicable claim(s) number; (d) whether any part of your claim has been r~jected. ANSWER: 24 33. With respect to any vehicle you owned that was involved in the incident, state: (a) The nature of any damage existing prior to the incident; (b) The identity of any person who performed repairs to the vehicle following the incident; (c) The total amount ofthe repair bill(s), or ifnot yet repaired, the total estimated cost of repairing the vehicle or the estimated value of the damages to the vehicle (include the identify of the person furnishing any such estimate); (d) The date and place of last state inspection prior to the incident and identify the person making said inspection; and ( e) The nature of any defect in or problem with the vehicle and the length of time such defect or problem existed. ANSWER: 25 34. With respect to the vehicle you operated or in which you were a passenger, state: (a) The destination and the point and time of departure of the vehicle; (b) The purpose of the trip or journey in the vt:hicle; (c) The time and place of all stops and departures between the commencement of the trip or journey and the time ofthe incident; (d) The weather conditions at the time of the incident, including visibility and roadway conditions. ANSWER: 26 CERTIFICATE OF SERVICI~ AND NOW, this \tctay of , 2004, I hereby certify that I have served a copy ofthe within document on the followin by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Jacqueline K. Gallagher, Esquire Obermyer, Rebmann, Maxwell & Hippl~l, LLP One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 CALDWELL & KEARNS By 2 03-677/68367 27 . ' " G ~ ~) ~)) \ 6 . ' .-/ SHERMAN DEW A YNE CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-3405 CIVIL TARA KAY STONEBRAKER, RANDY H. DEWEY, and TOTAL TRANSPORTATION CORPORATION, Defendants CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT STONEBRAKER'S REOUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF TO: Sherman DeWayne Clemons and his attorney, Richard F. Maffett, Jr., Esquire Pursuant to Pa.R.c.P. No. 4009, as amended, the Defenda:nt, Tara Kay Stonebraker, by her attorneys, Caldwell & Kearns, requests you to produce copies of the following documents within thirty (30) days of service of this Request. INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received jt; (e) Identify each person from whom the document was received; (I) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication ofthe propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, computer disks, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of m~:etings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody, or control, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf.) DOCUMENTSREOUESTED I. All documents required to be identified in your answers to the Interrogatories Addressed to Plaintiff. 2. The entire contents of any investigation file(s) and any other documentary material in your possession which support or relate to the allegations contained in Plaintiffs Complaint (excluding references to mental impressions, conclusions or opinions representing strategy or tactics and privileged communications from and to counsel). 3. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statements from the parties herein, or tht:ir respective agents, servants or employees. 4. All photographs, plans, drawings, sketches or diagrams in your possession, custody or control or in the custody or control of your attorney, your insurer, or anyone else acting on your behalf, dealing with any aspect of this litigation, including but not limited to the vehicles, instrumentalities, or accident site, involved in the incident in question which is the subject matter of this litigation. 5. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 6. All expert opinions, expert reports, expert summaries or other writings of experts in your custody or control or in custody or control of your attorney, your insurer, or in the custody or control of anyone else acting on your behalf, which relate to any aspect of the subject matter of this litigation. 7. All documents or exhibits which you intend to offer at the trial of this matter. 8. All reports, opinions, records or correspondence of all physicians, osteopaths, chiropractors, or other practitioners of the healing arts who have treated, examined or consulted with you from the date of the incident until the present time, relating to injuries or conditions allegedly arising from the incident in question. 9. A copy of the curriculum vitae for each and every physician, osteopath, chiropractor or other practitioner of the healing arts whom you plan to call as a witness at the trial of this matter. 10. All hospital records for you from the date of the incident up to the present time, in connection with treatment of injuries allegedly sustained in the incident in question which is the subject matter of this litigation. 4 I I. All bills, invoices, or statements of charges from all physicians, osteopaths, chiropractors, hospitals, medical associates, or other medical practitioners, relating to treatment, examination or consultation of you, associated with injuries or conditions allegedly sustained in the incident in question which is the subject matter of this litigation. 12. All written records or writings of whatsoever kind! in your care, custody or control or in the care, custody or control of your employer, evidencing or dealing with lost wages, lost income or reduced earning capacity, allegedly sustained by you as a result of the incident in question which is the subject matter of this litigation. 13. All federal tax returns for the five (5) years immediately preceding the accident or occurrence up to and including the time oftriaI. Respectfully submitted, CALDWELL & KEARNS ~ Dated: ;));9/0 'I I ' By: . McGuire, Esquire torne J.D. No. 73617 3631 North Front Street Harrisburg, P A 17110 (717) 232-7661 Attorney for Defendant Stonebraker 5 CERTIFICATE OF SERVICI~ \..{. LX'vi~V\ \ served a copy of the within document on the following by depositing a true and correct copy of AND NOW, this \ '~ay of , 2004, I hereby certify that I have the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Jacqueline K. Gallagher, Esquir<: Obermyer, Rebmann, Maxwell & Hippd, LLP One Penn Center, 19'h Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 CALDWELL & KEARNS 03-677/68379 (oil" to ,-^-/\ I(;~ }", I 6 . . -f X~,blf C /--- " CALDWELL & KEARNS A PROFESSIONAL CORPORATION .JAMES R. CLIPPINGER CHARl.ES J. DEHART, III .JAMES O. CAMPBELL. JR. JAMES L. GOLDSMITH P. DANIEL ALTLAND JEFFREY T. MCGUIRE- STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN RAY .J. MICHALOWSKI -ALSO A MEMBER OF NJ BAR ATTORNEYS AT LAW OF COUNSEL RICHARD L. KEARNS CARL G. WAS5 3631 NORTH FRONT STREET HARRISBURG. PENNSYLYANIA 17110-1533 THOMAS D. CALDWELL. ..JR. (1928-20011 August 12,2004 717-232-7661 FAX; 717-23.c-2766 thefirmOcaldwellkeams.com Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, P A 17110 RE: Clemons v. Stonebraker. et al. Dear Attorney Maffett: By letter dated February 19, 2004, we served you with Ddendant Stonebraker's Interrogatories and Request for Production of Documents. To date, no responses have been received. Kindly provide same within the next 20 days so we may move this matter forward. Thank you for your cooperation in this regard, Sincerely, in:;~ JMM/ Enclosures cc: Barbara S. Kueny, Esquire Ernesto Fernandez (Ref. No. 14639722) 03-677/77108 . . '. ALLSTATE LEGAL 0'.0"2220510 -c;. I.l:li. RECYCLED~ b X~t\t)f D ------ " CALDWELL & KEARNS A PROFESSIONAL. CORPORATION JAMES R. CLIPPINGER CHARLES J. DeHART. III JAMES D. CAMPBELL, JR. JAMES L. GOLDSMITH P. DANIEL. ALTLAND JEFFREY T. McGUIRE- STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOOOeURN RAY J. MICHALOWSKI -ALSO A MEIoIBER OF NJ BAR ATTORNEYS AT LAW OF COUNSEL RICHARD L. KEARNS CARL G. WAS5 3631 NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17110-1!533 THOMAS O. CALDWELL. JR. (l928-2001l September 8, 2004 717-232-7661 FAX, 717-232-2765 thefirmOcaldwellkearns.com Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 RE: Clemons v. Stonebraker. et ai, Dear Attorney Maffett: We still have not received from you any response to the discovery that was served on you on February 19,2004. If! do not receive your answers to Interrogatories and Request for Production within ten (10) days, I will file a motion to compel. Very trul y yours, Jeffrey T. McGuire CALDWELL & KEARNS JTM:dlj cc: Ernest Fernandez (Claim No. 14639722) Barbara S. Kueny, Esquire 03-677/78301 " . CERTIFICATE OF SERVIC]~ AND NOW, this 1sL day of ~(Jn\.?Y , 2004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Barbara S. Kueny, Esquire Obermyer, Rebmann, Maxwell & Hippd, LLP One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 CALDWELL & KEARNS By 03-677/79597 5 .' (" , j "':n ro,o, , r,; ( I '. ,',,) SHERMAN DEW A YNE CLEMONS, Plaintiff v. TARA KAY STONEBRAKER, RANDY H. DEWEY, And TOTAL TRANSPORTATION CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COmrTY, PENNSYL VANIA CIVIL ACTION - LA W NO. 03-3405 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of November, 2004, upon consideration of Defendant Tara Kay Stonebreaker's Motion To Compel Plaintiffs Answers to Defendant Stonebraker's Discovery Requests, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ~chard F. Maffett, Jr., Esq. 2201 North Second Street Harrisburg, P A 17110 Attorney for Plaintiff BY THE COURT, VII\J';j!\I}.s~\INjd I 'Nf'.....--,-. roT' r"..~' .--..-.'f,t!tr": I\JJ tj :\.-!. J ',,; ".::, ;~~":__ :~':l 'tl tJ 22 :8 l~d 1- ^ON ~noz , U''''/ I u';' ;,'''H I Oi..:d ::I'Hl' ~IO Auv.!. I'lV,... u ..I' oJ 38L:l:lo-G3l1:1 ~rey T. McGuire, Esq. 3631 North Front Street Harrisburg, P A 17110 Attorney for Defendant Stonebraker ~bara S. Kueny, Esq. Obermyer, Rebmann, Maxwell & Hippel, LLP One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 :rc SHERMAN DEW A YNE CLEMONS, Plaintiff v. TARA KAY STONEBRAKER, RANDY H. DEWEY, And TOTAL TRANSPORTATION CORPORATION, Defendants IN THE COURT OF CO~.1MON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 03-3405 CIVIL TERM ORDER OF COURT AND NOW, this 1 st day of November, 2004, upon consideration of Defendant Tara Kay Stonebreaker's Motion To Compel Plaintiffs Answers to Defendant Stonebraker's Discovery Requests, a Rule is hereby issUl~d upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ~chard F. Maffett, Jr., Esq. 2201 North Second Street Harrisburg, PAl 711 0 Attorney for Plaintiff BY THE COURT, VjNv!\I}SNN3d Aj~Nr:c-II~'~ C~; .~.~-'!~::~q/'~flj 22 :8 l~d 1- AON ~OOl Atfilm~OHl08d 3Hl :10 30Ij~o-a31l:1 M"frey T. McGuire, Esq. 3631 North Front Street Harrisburg, P A 17110 Attorney for Defendant Stonebraker ~bara S. Kueny, Esq. Obermyer, Rebmann, Maxwell & Hippel, LLP One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 :rc SHERMAN DEW A YNE CLEMONS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 03-3405 CIVIL TERM v. TARA KAY STONEBRAKER, RANDY H. DEWEY, and TOTAL TRANSPORTATION CORPORATION, CIVIL ACTION - LAW Defendants PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, Tara Kay Stonebraker, by and through her attorneys, Caldwell & Kearns, and files this Petition to Make Rule Absolute; and in support thereof, avers as follows: 1. On or about October 22, 2004, Defendant Tara Kay Stonebraker, ("Defendant Stonebraker"), filed a Motion to Compel Plaintiffs Answers to Defendant Stonebraker's Discovery Requests, in regards to unanswered Interrogatories and Request for Production of Documents propounded by Defendant Stonebraker. 2. On November 1, 2004, this Honorable Court issued a Rule upon the Plaintiff to show cause why Defendant Stonebraker's Motion to Compel should not be granted. A true and correct copy of this Court's Rule is attached as Exhibit "A. " 3. The Rule was returnable 20 days from the date of service, November 1, 2004. 4. Plaintiff has not filed an objection, or any response to this Court's Rule to Show Cause. 5. Plaintiff has responded to Defendant Stonebraker's Interrogatories, but has not responded to the Request for Production of Documents. 6. It is respectfully requested that this Honorable Court enter an Order compelling Plaintiffs answers to Defendant Stonebraker's Request for Production of Documents. WHEREFORE, for the above-stated reasons it is respectfully requested that this Honorable Court enter an Order compelling Plaintiff Sherman Dewayne Clemons to answer, in full, Defendant Stonebraker's Request for Production of Documents Directed to Plaintiff within ten (10) days, or suffer sanctions. Respectfully submitted: CALDWELL & KEARNS By: T. McGuire, Esquire At 0 ey LD. Number 73617 3631 North Front Street Harrisburg, P A 17110 (717) 232-7661 Attorney for Defendant Tara Kay Stonebraker Dated: J J.j1 / 0'1 03-677/82118 SHERMAN DEW A YNE CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW TARA KAY STONEBRAKER, RANDY H. DEWEY, And TOTAL TRANSPORTATION CORPORATION, Defendants NO. 03-3405 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of November, 2004, upon consideration of Defendant Tara Kay Stonebreaker's Motion To Compel Plaintiffs Answers to Defendant Stonebraker's Discovery Requests, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Richard F. Maffett, Jr., Esq. 2201 North Second Street Harrisburg, P A 17110 Attorney for Plaintiff Jeffrey T. McGuire, Esq. 3631 North Front Street I:I~isburg, PA 17110 , ~omey for Defendant - Stonebraker Barbara S. Kueny, Esq. Obermyer, Rebmann, Maxwell & Hippel, LLP One Penn Center, 19th Floor 161 7 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 :rc CERTIFICATE OF SERVICE AND NOW, this /O~ayof O~ , 2004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy ofthe same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Richard F. Maffet, Jr., Esquire 2201 North Second Street Harrisburg, P A 1711 0 Barbara S. Kueny, Esquire Obermyer, Rebmann, Maxwell & Hippel, LLP One Penn Center, 19th Floor 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1895 CALDWELL & KEARNS 0 ....v C (:"7:') (~ (.,..,":'1 -- - --n , C':t --1 r " :-r- -n C-) f 11 f'= I n 1- :; W CJ -',,"} :L () ., ;~1 'J -',., -,"l,~ ':') 0) , rn - ..' ::;:J ( .) ;;)5 Ul -< SHERMAN DEWAYNE CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03-3405 CIVIL TARA KAY STONEBRAKER, RANDY H. DEWEY, and TOTAL TRANSPORTATION CORPORATION, Defendants CIVIL ACTION - LAW P RAE C I P E TO THE PROTHONOTARY: Please mark the above captioned action as to Plaintiff Sherman DeWayne Clemons settled and discontinued. Respectfully Submitted, Date: I~ I J ,/ 8 /d) I ,/1 1 J .1/.- / ~,(-, J l,./t, 'i '.. "'-~ / /'_ / r/-, Richard F. Maffett;' J~, Esq. Attorney I.D. No.: 35539 2201 North Second Street Harrisburg, PA. 17110 (717) 233-4160 Attorney For Plaintiff, Sherman DeWayne Clemons () f::: ., ~ f'..) = -:.:.::> -.J (- ~~ ~ o -n =1l n'i:::!J ,-- ""D fTl :uO ~~;~) 9~~ ejm );! ::0 -< v 3':: w Cl RICHARD F. MAFFETT, JR., ESQUIRE ID #35539 2201 North Second Street Harrisburg, P A 17110 717-233-4160 Attorney for Plaintiff SHERMAN DEW A YNE CLEMONS COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiffs, vs. NO. 03-3405 (Civil Team) TARA KAY ST01\lcBRAKER; ! RANDY H. DEWEY; and TOTAL TRANSPORTATION CORP. Defendants, ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended as to all defendants. RICHARD F. MAFFETT, JR., ESQUIRE i h(l~J/ 4100780 o ~;; ~ c.;;::') --' -n f'T1 CO , --' -0 -IV - N . . W N o -n --t ::r:.-n rnp: -om '-~J9 ~0~~ '~.~~ '-I ~ ~