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HomeMy WebLinkAbout07-4354JOSEPH T. THIROWAY, P.C. BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs 5820 Rt. 202 Identification No.: 61137 P.O. Box 377 Lahaska, PA 18931 215/794-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and STEPHANIE SCHANK, h/w 1403 Princeton Road Mechanicsburg, PA 17055 PLAINTIFFS VS. JEFFREY S. HAULMAN 53 Heisers Lane CARLISLE, PA 17013 DEFENDANT CML ACTION -WRIT OF SUMMONS 12 MEMBER JURY TRIAL DEMANDED ASSESSMENT OF DAMAGES REQUIRED IN EXCESS OF $50,000.00 PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in a Civil Action in the above case. ~~ Writ of Summons shall be issued and forwarded to9ttgmey /Sheriff. Date: T V (~ 02 3, o~ 0 7 T. TO: JEFFREY S. HAULMAN (Name of Defendant) ****« SUMMONS IN CIVIL ACTION YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. CURTIS R LONG, PRO~THO~ NOTARY Date:_____~'/aZ~'F /~Z1Yl~ ~~ (..c.c.~l~t~ K. by: Deputy SEAL OF THE COURT -O fir'' ,r " ~,.~ ----i ~- f _ _"~ t?['- ~ ~ __ ~ €''.7 ~~- ~ ,~ l _- i^v .. --t f'•» ::lJ ' t'~ '-~: SHERIFF'S RETURN - REGULAR CASE N0: 2007-04354 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHANK GREGORY P ET AL VS HAULMAN JEFFREY S KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HAULMAN JEFFREY S the DEFENDANT at 2010:00 HOURS, on the 26th day of July 2007 at 53 HEISERS LANE CARLISLE, PA 17013 by handing to NATASHIA HAULMAN (WIFE) a true and attested copy of WRIT OF SUMMONS _ _ _ together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.0 0 '~~~ 4.80 10.00 R. Thomas Kline .00 / 33.21 07/27/2007 JOSEPH T THIROWAY Sworn and Subscibed to before me this of By: day ep ty S ff A.D. .ti Jeffrey T. McGuire, Esquire Attorney LD. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkearns.com Attorneys for Defendant, Jeffrey S. Haulman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY P. SCHANK and STEPHANIE SCHANK, h/w Plaintiffs, vs. JEFFREY S. HAULMAN, Defendant. Civil Action - Ih ~,aw No. 2007-CV-4354 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Jeffrey S. Haulman, in the above-captioned matter. Re t lly submitted, Date: ~ ~ , 2007 By: J .McGuire, Esquire ey I. D. # 73617 aldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Jeffrey S. Haulman 0662181 / 121955 CERTIFICATE OF SERVICE AND NOW, thi~ I day of 2007, 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. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Joseph T. Thiroway, Esquire Joseph T. Thiroway, P.C. 5820 Rt. 202 P. O. Box 377 Lahaska, PA 18931 CALD L & KEARNS By: t /~ ~ Q ~ r.. t -- t: ~ ~ J ~ ~ ~~c', s ~~ .- ~~ T _; ... ~ - ~" -~ t~s't .J ~ -~C . Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) j mcguire @caldwellkearns. com Attorneys for Defendant, Jeffrey S. Haulman. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY P. SCHANK and STEPHANIE SCHANK, h/w Plaintiffs, Civil Action - In Law vs. No. 2007-CV-4354 JEFFREY S. HAULMAN, Defendant. JURY TRIAL DEMANDED PRAECIPE TO ISSUE RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Counsel for Plaintiffs, Gregory P. Schank and Stephanie Schank to file a Complaint within twenty (20) days of service of said Rule, or suffer judgment of non pros. Date: 3 3 ~ , 2008 By: J~ffr '~/~YcGuire, Esquire Att rney I. D. # 73617 ldwell & Kearns, P.C. 631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Jeffrey S. Haulman 066218 l (130993 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY P. SCHANK and : STEPHANIE SCHANK, h/w Plaintiffs, Civil Action - In Law vs. JEFFREY S. HAULMAN, Defendant. To: Joseph T. Thiroway, Esquire Joseph T. Thiroway, P.C. 5820 Rt. 202 P. O. Box 377 Lahaska, PA 18931 No. 2007-CV-4354 JURY TRIAL DEMANDED RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service hereof, or judgment of non pros will be entered against you. Proth otary Dated: a 0 CERTIFICATE OF SERVICE AND NOW, this 315Y day of March 2008, 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. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Joseph T. Thiroway, Esquire Joseph T. Thiroway, P.C. 5820 Rt. 202 P. O. Box 377 Lahaska, PA 18931 CALD ELL & KEARNS By: K":3 'v r`- ~:°;~ c~:, ~.3 ~==~ r~ ! r.~~, bye .-.,7 ~~ ~~ i '-~.: I rFr: •. ~' ~ y ~ ~r C;.~ °=c JOSEPH T. THIROWAY, P.C. BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs 5820 Rt. 202 Identification No.: 61137 P.O. Box 377 Lahaska, PA 18931 215/794-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and NO.: 2007-CV-4354 STEPHANIE SCHANK, h/w PLAINTIFFS CNIL ACTION -COMPLAINT VS. JEFFREY S. HAULMAN JURY TRIAL DEMANDED DEFENDANT IN EXCESS OF $50,000.00 NOTICE TO DEFEND You have been sued in Court. If you wish to defend against this claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association MidPenn Legal Services 401 East Louther Street Suite 103 Carlisle, PA 17013 (800) 822.5288 JOSEPH T. THIROWAY, P.C. BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs 5820 Rt. 202 Identification No.: 61137 P.O. Box 377 Lahaska, PA 18931 215/794-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and NO.: 2007-CV-4354 STEPHANIE SCHANK, h/w PLAINTIFFS CIVIL ACTION -COMPLAINT VS. JURY TRIAL DEMANDED JEFFREY S. HAULMAN DEFENDANT IN EXCESS OF $50,000.00 COMPLAINT 1. Plaintiffs, Gregory P. Schank and Stephanie Schank, h/w, are adult individuals residing at 1403 Princeton Road, in the City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, Jeffrey S. Haulman, is an adult individual residing at 53 Heisers Lane, City of Carlise, County of Cumberland, Commonwealth of Pennsylvania, and at all times relevant hereto was the operator and owner of a 1985 Silver Ford truck, with a Pennsylvania license plate number of YNW8617. COUNT I -NEGLIGENCE GREGORY P. SCHANK V. JEFFREY S. HAULMAN 3. Plaintiff, Gregory P. Schank, (hereinafter "Plaintiff') incorporates by reference paragraphs one (1) through two (2) as fully as though set forth herein at length. 2 4. On or about August 1, 2005, Plaintiff, was lawfully operating his motorcycle traveling southbound on Spring Road in the Borough of Carlisle, County of Cumberland, Commonwealth of Pennsylvania. Plaintiff was stopped at a red traffic light at the intersection of K Street with his left hand turn signal on. When the light turned green, Plaintiff began his turn, when suddenly and without warning, Plaintiff's motorcycle was hit in the rear by a 1985 Silver Ford truck with a Pennsylvania license plate number of YNW8617 owned and operated by Defendant, Jeffrey S. Haulman (hereinafter "Defendant"). The impact of the collision caused Plaintiff to fly over the handlebars of his motorcycle and land on his back. As a result of this accident, Plaintiff was caused to suffer personal injuries more fully described hereinafter. 5. 'The aforesaid occurrence and the injuries to Plaintiffwere caused solely by the negligence, carelessness and recklessness of the Defendant in: a. Failing to properly operate and control his motor vehicle; b. Driving at an excessive rate of speed under the circumstances; c. Failing to keep a proper lookout; d. Failing to regard the point and position of the motorcycle then and there being lawfully operated upon said highway; e. Failing to keep vigilance of the road, traffic and road conditions; f. Failing to operate his motor vehicle with a due regard for the rights, safety and position of the Plaintiff; g. Failure to give proper and sufficient warning of approach; h. Failure to maintain a safe distance from the vehicle ahead of him; and 3 i. Driving too fast for conditions. 6. This accident resulted from the negligence, cazelessness, and recklessness of the Defendant herein and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. 7. Solely as result of the aforesaid accident, Plaintiff, suffered serious physical injuries, including, but not limited to: cervical strain and sprain; multiple contusions, abrasions and ecchymoses of the posterior scalp, neck, hips and shins; excruciating headaches; neck and back pain; burning in his shoulders and pazesthesia in his neck; tenderness of the left and right hip; pain in the right side of his pazavertebral spinal muscles; all of which may be permanent in nature, cause permanent disfigurement, and/or loss of use of a bodily function. 8. Further, Plaintiff, incurred a severe shock to his nerves and nervous system, great physical pain and mental anguish, and was prevented from attending to his usual activities and avocations, all of which may continue for an indefinite time in the future. 9. As a further result of said accident, Plaintiff, was caused to suffer property damage to his motorcycle and claims cost of repairs, loss of use and the depreciation thereof. 10. As a result of said accident, Plaintiff, has been or will be obliged to receive and undergo medical attention and care and to incur various expenses described as "medical and vocational rehabilitation services" in § 1712 (1) of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. Chapter 17 4 (MVFRL) § 1701 et seq, and he may be obliged to continue to expend such sums for an indefinite time in the future. 11. As a further result of said accident, Plaintiff, has or may suffer severe loss of his earnings and impairment of his earning capacity and power, such loss of income and/or impairment of his earning capacity or power as defined as "income loss benefit" in § 1712 (2) of the above-mentioned MVFRL. 12. As a direct and reasonable result of this accident, Plaintiff, has or may hereinafter incur other financial expenses and losses, which do or may exceed the amount, which he may otherwise be entitled to recover. 13. As a further result of this accident, Plaintiff, has suffered physical pain, mental anguish and humiliation and he may continue to suffer same for an indefinite time in the future. WHEREFORE, Plaintiff, demands damages against Defendant, Jeffrey S. Haulman, individually, for a sum in excess of Fifty Thousand Dollars ($50,000.00), plus costs, delay damages and interest. COUNT II (LOSS OF CONSORTIU1Vn STEPHANIE SCHANK V. JEFFREY S. HAULMAN 14. Plaintiff, Stephanie Schank, is the lawful wife of Plaintiff, Gregory P. Schank, and she hereby incorporates by reference the allegations contained in paragraphs one (1) through thirteen (13), as though they were fully set forth herein at length. 15. Solely as a result of the negligence of Defendant, Jeffrey S. Haulman and in consideration of the injuries suffered by her husband, Plaintiff, Stephanie 5 Schank, has in the past and may in the future be deprived of the services, companionship, care, comfort and society of her husband, Gregory P. Schank. WHEREFORE, Plaintiff, Stephanie Schank demands damages against Defendant, Jeffrey S Haulman, individually, for a sum in excess of Fifty Thousand Dollars ($50,000.00) plus costs, delay damages and interest. Date: ~a~ 6 VERIFICATION I, Joseph T. Thiroway, Esquire, attorney for Plaintiffs, hereby verify and state that I am authorized to execute this verification on behalf of the Plaintiffs, that the facts set forth in the foregoing Plaintiffs' Complaint are true and correct to the best of my knowledge information and belief. It is understood that this statement is made subject to the penalties of 18 Pa.C.S. §4904 which relate to unsworn falsification to authorities. t [~. J eph T. Thiroway, Attorney for Plaice Dated: c. ~J~ o JOSEPH T. THIROWAY, P.C. BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs 5820 Rt. 202 Identification No.: 6113? P.O. Box 377 Lahaska, PA 18931 215/794-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and STEPHANIE SCHANK, h/w PLAINTIFFS NO.: 2007-CV-4354 CIVIL ACTION -COMPLAINT VS. JEFFREY S. HAULMAN DEFENDANT CERTIFICATION OF SERVICE I, Joseph T. Thiroway, Esquire, do hereby certify that a copy of the Complaint was sent to the following counsel by regular mail through the United States Postal Service, at Lahaska, Pennsylvania on April .2 3 , 2008: Jeffrey T. McGuire, Esquire Caldwell & Kearns, PC 3631 North Front Street Harrisburg, PA 17110-1533 ~`:r r-.? c:,:a ~ 1 _~ ;- *.: ~~ _~' "' :l~ C ~; -- . ~ 1 JOSEPH T. THIROWAY, P.C. BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs 5820 Rt. 202 Identification No.: 61137 P.O. Box 377 Lahaska, PA 18931 215/794-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and NO.: 2007-CV-4354 STEPHANIE SCHANK, h/w PLAINTIFFS VS. : JEFFREY S. HAULMAN DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATIONS TO THE PROTHONOTARY: Kindly attach the enclosed Verification Forms of Plaintiffs, Gregory P. Schank and Stephanie Schank, h/w to the Complaint in the above captioned matter, which was filed with the Verification of the Attorney for the Plaintiffs on Apri124, 2008. LAW OFFICES OF JOSEPH T. THIROWAY, P.C. By: -`~ seph T. T Attorney for Esquire Dated: ~..~ Q VERIFICATION GREGORY P. SCHANK, being duly sworn according to law, deposes and says that he is one of the Plaintiffs in the within matter and that the facts set forth in the foregoing Plaintiffs' Complaint are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 PA. C.S. 4904, relating to unsworn falsifications to authorities. GOR P. SCHANK Dated: L/J d b VERIFICATION STEPHAN>E SCHANK, being duly sworn according to law, deposes and says that she is one of the Plaintiffs in the within matter and that the facts set forth in the foregoing Plaintiffs' Complaint are true and correct to the best of her knowledge, information and belief, and that this statement is made subject to the penalties of 18 PA. C.S. 4904, relating to unsworn falsifications to authorities. STEP AIVIE SCHANK Dated: ~. .~D ~ Q 0 . ,, ~ , JOSEPH T. THIROWAY, P.C. BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs 5820 Rt. 202 Identification No.: 61137 P.O. Box 377 Lahaska, PA 18931 215/794-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and NO.: 2007-CV-4354 STEPHANIE SCHANK, h/w PLAINTIFFS CNIL ACTION -COMPLAINT VS. JEFFREY S. HAULMAN DEFENDANT CERTIFICATION OF SERVICE I, Joseph T. Thiroway, Esquire, do hereby certify that a copy of the Praecipe to Substitute Verfications was sent to the following counsel by regular mail through the United States Postal Service, at Lahaska, Pennsylvania on May 5, 2008: Jeffrey T. McGuire, Esquire Caldwell & Kearns, PC 3631 North Front Street Harrisburg, PA 17110-1533 'I'. THI)~V~AY, ESQUIltE for Plai tiffs` ,(-7 C ,.,, r _,°- ~7 ~...... ~~~ ~` --•c t ~C ~ {~ ~r~ ~+~' ~ '.~ ~ N .~- --~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY P. SCHANK and STEPHANIE SCHANK, h/w Plaintiffs, vs. JEFFREY S. HAULMAN, Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Gregory P. Schank Stephanie Schank, h/w c/o Joseph T. Thiroway, P.C. 5820 Rt. 202 P. O. Box 377 Lahaska, PA 18931 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contain averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. submitted, Date: (.~ ~ b b ~ By: Civil Action - In Law No. 2007-CV-4354 .1GfcGuire, Esquire orney I. D. # 73617 aldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant, Jeffrey S. Haulman Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717)232-7661 (717) 232-2766 (fax) jmcguire@caldwellkearns.com Attorneys for Defendant Jeffrey S Haulman 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY P. SCHANK and STEPHANIE SCHANK, h/w Plaintiffs, vs. JEFFREY S. HAULMAN, Defendant. Civil Action - In Law No. 2007-CV-4354 JURY TRIAL DEMANDED DEFENDANT, JEFFREY S. HAULMAN'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Jeffrey S. Haulman, by and through his attorney, Jeffrey T. McGuire, Esquire, of Caldwell & Kearns, P.C., and files the within Answer with New Matter and avers in support thereof as follows: Admitted. 2. Admitted. COUNT I -NEGLIGENCE GREGORY P. SCHANK V. JEFFREY S. HAULMAN 3. The answers to paragraphs 1 through 2 are incorporated herein as though set forth at length. 4. Denied as stated. It is admitted that the Plaintiffs' motorcycle was struck in the rear by a vehicle driven by Defendant Haulman. The rest of this paragraph is denied. 5. Denied as a conclusion of law. 6. Denied as a conclusion of law. 7. Denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. WHEREFORE, Defendant demands that the Complaint be dismissed and judgment entered in his favor and against the Plaintiffs without cost to him but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT II (LOSS OF CONSORTIUM) STEPHANIE SCHANK V. JEFFREY S. HAULMAN 14. The answers to paragraphs 1 through 13 are incorporated herein as though set forth at length. 15. Denied. WHEREFORE, Defendant demands that the Complaint be dismissed and judgment entered in his favor and against the Plaintiffs without cost to him but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. DEFENDANT'S NEW MATTER DIRECTED TO PLAINTIFF 16. The answers to paragraphs 1 through 15 are incorporated herein as though set forth at length. 2 17. Plaintiffs' claims are barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. Plaintiffs' injuries pre-existed the motor vehicle accident which is the subject of Plaintiffs' complaint. 19. In accordance with § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility law, Plaintiffs are not entitled to recover any sums paid or payable from any group plan or other arrangement from this Defendant. 20. Plaintiffs failed to plead whether they were bound by the limited tort or full tort option on the date of the accident, and if limited tort applies, Plaintiffs failed to plead an exception to the rule prohibiting recovery ofnon-economic damages in accordance with 75 Pa. C.S.A. §1705. 21. Defendant specifically preserves those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C.P. 1030. WHEREFORE, Defendant demands that the Complaint be dismissed and judgment entered in his favor and against the Plaintiffs without cost to him but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. submitted, Date: C~ lb d ~ By: T. McGuire, Esquire yI.D.#73617 06621-081-133990 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) j mcguire@caldwellkearns. com Attorney for Defendant, Jeffrey S. Haulman 3 VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa. C.S § 4904 relating to unsworn falsification to authorities. ,r ~, Dated: ~/ --' 7- Off" ~. Je y aulman CERTIFICATE OF SERVICE AND NOW, this day of 2008, 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. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Joseph T. Thiroway, P.C. 5820 Rt. 202 P. O. Box 377 Lahaska, PA 18931 CALDWELL & KEARNS By: Ytil . ~~ ca° `°; £ ~ ~ ~ ~ . r ~- ~... ~ 1=i ~~~-- Y~ { ~~ ~; ~ {~ ~~ ~/ r ~ M 1 r ~ . JOSEPH T. THIROWAY, P.C. BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs 5820 Rt. 202 Identification No.: 61137 P.O. Box 377 Lahaska, PA 18931 215/794-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CiOUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCH.ANK and STEPHANIE SCHANK, h/w PLAINTIFFS NO.: 2007-CV-4354 VS. JEFFREY S. HAULMAN DEFENDANT PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANT. JEFFREY S. HAULMAN 16. Admitted. It is admitted that answers to paragraphs 1 through 15 are incorporated herein as though set forth at length. 17. Denied. The allegations contained in this paragraph constitute conclusions of law to which no response is required. Strict proof is demanded at the time of trial. 18. Denied. It is specifically denied that Plaintiff's injuries pre-existed the motor vehicle accident, which is the subject of Plaintiffs' Complaint. To the contrary, Plaintiff did suffer injuries that were directly caused by this accident. Strict proof is demanded at the time of trial. 19. Denied. The allegations contained in this paragraph constitute conclusions of law to which no response is required. Strict proof is demanded at the time of trial. r 20. Denied. The allegations contained in this paragraph constitute conclusions of law to which no response is required. By way of further answer, Plaintiff was the operator of a motorcycle, which is not bound by the limited tort option. Thus, limited tort is not applicable in this case. Strict proof is demanded at the time of trial. 21. Denied. The allegations contained in this paragraph constitute conclusions of law to which no response is required. Strict proof is demanded at the time of trial. WHEREFORE, Plaintiffs demand damages against Defendant, Jeffrey S. Hauhnan, individually for a sum in excess of Fifty thousand dollars ($50,000.00) plus costs, delay damages and interest. LAW OFFICES OF JOSEPH T. THIROWAY, P.C. By oseph T. Thiro ire Attorney for aint' s Date: Vkti (~ 2(kI~ ~, VERIFICATION I, Joseph T. Thiroway, Esquire, attorney for Plaintiffs, hereby verify and state that I am authorized to execute this verification on behalf of the Plaintiffs, that the facts set forth in the foregoing Plaintiffs' Answer to Defendant's New Matter are true and correct to the best of my knowledge information and belief. It is understood that this statement is made subject to the penalties of 18 Pa.C.S. §4904 which relate to unsworn falsification to authorities. !1 J eph T. Thirowa , E quire Attorney for Plainti s Dated: ~~KC. 3 G, ZOG ~ JOSEPH T. THIROWAY, P.C. BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs 5820 Rt. 202 Identification No.: 61137 P.O. Box 377 Lahaska, PA 18931 215/794-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and STEPHANIE SCHANK, h/w PLAINTIFFS VS. : JEFFREY S. HAULMAN DEFENDANT NO.: 2007-CV-4354 CIVIL ACTION -COMPLAINT CERTIFICATION OF SERVICE I, Joseph T. Thiroway, Esquire, do hereby certify that a copy of Plaintiffs' Answer to New Matter of Defendant was sent to the following counsel by regular mail through the United States Postal Service, at Lahaska, Pennsylvania on July ~ , 2008: Jeffrey T. McGuire, Esquire Caldwell & %arns, PC 3631 North Front Street Harrisburg, PA 17110-1533 T. THIRO~, ESQUIRE for Plainti ~ m tam ~ ~ ~ ~ ~ ~ (`i1 ~ 1 "J ` N yt- ~ :; 7 w . ~ ~ .. -;~ ... r~ JOSEPH T. THIROWAY, P.C. BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs 5820 Rt. 202 Identification No.: 61137 P.O. Box 377 Lahaska, PA 18931 215/794-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and NO.: 2007-CV-4354 STEPHANIE SCHANK, h/w PLAINTIFFS VS. JEFFREY S. HAULMAN DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly attach the enclosed Verification Forms of Plaintiffs, Gregory P. Schank and Stephanie Schank, h/w to Plaintiffs' Answer to Defendant's New Matter in the above captioned matter, which was filed with the Verification of the Attorney for the Plaintiffs on July 2, 2008. LAW OFFIC JOSEPH T. THIROWAY, P.C. By. ~ Jo h T. Thiroway, 're Attorney for Pla' s Date: '~ 1 `~ ~ VERIFICATION GREGORY P. SCHANK, being duly sworn according to law, deposes and says that he is one of the Plaintiffs in the within matter and that the facts set forth in the foregoing Plaintiffs' Answer to New Matter of Defendant, Jeffrey S. Hauhnan, are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 PA. C.S. 49Q4, relating to unsworn falsifications to authorities. G GORY CHANK Dated: y ~~d / G / VERIFICATION STEPHANIE SCHANK, being duly sworn according to law, deposes and says that she is one of the Plaintiffs in the within matter and that the facts set forth in the foregoing Plaintiffs' Answer to New Matter of Defendant, Jeffrey S. Hauhnan, are true and correct to the best of her lrnowledge, information and belief, and that this statement is made subject to the penalties of 18 PA. C.S. 4904, relating to unsworn falsifications to authorities. STEP SC Dated: 1p~3 a ~o ~ JOSEPH T. THIROWAY, P.C. BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs 5820 Rt. 202 Identification No.: 61137 P.O. Box 377 Lahaska, PA 18931 215/794-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and STEPHANIE SCHANK, h/w PLAINTIFFS NO.: 2007-CV-4354 VS. JEFFREY S. HAULMAN DEFENDANT CERTIFICATION OF SERVICE I, Joseph T. Thiroway, Esquire, do hereby certify that a copy of the Praecipe to Substitute Verification was sent to the following counsel by regular mail through the United States Postal Service, at Lahaska, Pennsylvania on July 14, 2008: Jeffrey T. McGuire, Esquire Caldwell & Kearns, PC 3631 North Front Street Harrisburg, PA 17110-1533 J9'SEPH T. TH-- WSE~Y, ESQUIltE Attorney for Pl nti C7 ~ ~ ~ "' ~ -~~, ~7-. = c._ ~= ..-i ~ ' ~ ;, ~ ~~ ` ~' r: s ..- ~ ,.__ ~ ~ - ~ .~` ~~ Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkearns.com Attorneys for Defendant, Jeffrey S. Haulman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY P. SCHANK and STEPHANIE SCHANK, h/w, Plaintiffs, vs. JEFFREY S. HAULMAN, Defendant. Civil Action - In Law No. 2007-CV-4354 JURY TRIAL DEMANDED MOTION TO COMPEL ORAL DEPOSITIONS AND NOW, comes Defendant, Jeffrey S. Haulman , by and through his attorneys, CALDWELL & KEARNS, and files this Motion to Compel Oral Depositions pursuant to Pa. R.C.P. 4007.1 and 4019. In support of this Motion Defendant Haulman avers as follows: 1. On or about Apri123, 2008, Gregroy P. Schank and Stephanie Schank ("Plaintiffs") filed a Complaint against Defendant Jeffrey S. Haulman ("Defendant") claiming negligence and loss of consortium as a result of a motor vehicle accident. 2. On or about June 12, 2008, Defendant filed an Answer with New Matter. 3. On or about August 11, 2008, Defendant served Plaintiffs with Notices of Oral Deposition with depositions to take place on Tuesday, September 9, 2008, at 11 a.m. 4. Plaintiffs canceled the depositions scheduled on September 9, 2008. 5. On or about September 10, 2008, Defendant served Plaintiffs with Amended Notices of Oral Deposition, with depositions to occur on Tuesday, October 28, 2008, at l2 p.m. 6. Plaintiffs have canceled the depositions scheduled for October 28, 2008. 7. Plaintiffs have failed to give a date to reschedule their depositions. 8. Defendant's counsel has not heard back from Plaintiffs' counsel and therefore, assumes that Plaintiffs counsel does not concur with this motion. WHEREFORE, Defendant Jeffrey S. Haulman, respectfully requests this Honorable Court GRANT this Motion to Compel Oral Depositions and ORDER Plaintiffs, Gregory P. Schank and Stephanie Schank, to appear for oral depositions within thirty (30) days of the date of this Court's Order. submitted, Date: February 25, 2009 By: 06621-081/143800 J ffr . M uire, Esquire o. 73 17 31 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant, Jeffrey S. Haulman 2 CERTIFICATE OF SERVICE AND NOW, this 25th day of February 2009, I hereby certify that I have served the foregoing document to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph T. Thiroway, P.C. 5820 Rt. 202 P. O. Box 377 Lahaska, PA 18931 (Counsel for the Plaintiffs) CALDWELL & KEARNS By: Jeffrey T. McGuire, Esquire Attorney I.D. No. 73617 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jmcguire@caldwellkearns.com Attorneys for Defendant. Jeffrey S. Haulman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY P. SCHANK and STEPHANIE SCHANK, h/w, Plaintiffs, vs. JEFFREY S. HAULMAN, Defendant. Civil Action - In Law No. 2007-CV-4354 JURY TRIAL DEMANDED MOTION TO AMEND DEFENDANT'S MOTION TO COMPEL ORAL DEPOSITIONS AND NOW, comes Defendant, Jeffrey S. Haulman , by and through his attorneys, Caldwell & Kearns, P.C., and files this Motion to Amend the Motion to Compel Oral Depositions to comply with Cumberland County Local Rule 208.3(a)(2). The Motion to Compel Oral Depositions should be amended to reflect that no Judge has ruled upon any other issue in this action nor are there any related actions. 2. Defendant's counsel still has not heard back from Plaintiff s counsel on this Motion and therefore still assumes that Plaintiff s counsel does not concur with this Motion. 3. To the extent more information is required to comply with Cumberland County Local Rule 208.3(a)(9) the undersigned counsel faxed a copy of the draft Motion to Plaintiff's counsel on January 30, 2009, requesting Plaintiff's counsel to concur with the Motion or provide a date when the depositions could occur. No response was received to that communication request. WHEREFORE, Defendant Jeffrey S. Haulman, respectfully requests this Honorable Court GRANT this Motion to Amend the Motion to Compel Oral Depositions and GRANT the Motion to Compel Oral Depositions and ORDER Plaintiffs, Gregory P. Schanlc and Stephanie Schank, to appear for oral depositions within thirty (30) days of the date of this Court's Order. Date: March 6, 2009 By; y cGu' ,Esquire 0 3617 North Front Street sburg, PA 17110 (717) 232-7661 Attorney for Defendant, Jeffrey S. Haulman 06621-081/145705 2 ,. , CERTIFICATE OF SERVICE AND NOW, this 6th day of March 2009, I hereby certify that I have served the foregoing document to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph T. Thiroway, P.C. 5820 Rt. 202 P. O. Box 377 Lahaska, PA 18931 (Counsel for the Plaintiffs) CALDWELL & KEARNS By~ V~ 4~%''" ,y ~ .~~. ~ ~~ t . ~ ~ r~= ~`, ~ r .J ~~ ' t ~ ~ ' ~, , ` ~ ,,,, i ' ~ ~.il ~~ -(~7 GREGORY P. SCHANK and STEPHANIE SCHANK, h/w, Plaintiffs vs. JEFFREY S. HAULMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4354 CIVIL JURY TRIAL DEMANDED IN RE: DEFENDANT' S MOTION TO COMPEL ORDER AND NOW, this / 3 ' day of March, 2009, a brief argument on the defendant's motion to compel is set for Thursday, Apri12, 2009, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~ Joseph T. Thiroway, Esquire For the Plaintiff ~Jetfrey T. McGuire, Esquire For the Defendant nnrlm , 3f i3~v4 .~'~ .,.~ ~ (~ ~ r,;; t i rj~ ~_ f _ ~~} d i'~ ,: ~W~ `~ t~.t=\ i ~~ ;~~ ~:~~ ~~ ~~~6~UZ I~ti~~t~~w~ ra _~., , _ TIMONEY KNOX, LLP BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs Identification No.: 61137 400 Maryland Road Fort Washington, PA 19034 215-646-6000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and STEPHANIE SCHANK, h/w NO.: 2007-CV-4354 PLAINTIFFS VS. JEFFREY S. HAULMAN DEFENDANT PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned case J9+5EPH T. Attorney for DISCONTINUED and ENDED. DATED: ~ z /0 9 TIMONEY KNOX, LLP BY: Joseph T. Thiroway, Esquire Attorney for Plaintiffs Identification No.: 61137 400 Maryland Road Fort Washington, PA 19034 215-646-6000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GREGORY P. SCHANK and STEPHANIE SCHANK, h/w NO.: 2007-CV-4354 PLAINTIFFS VS. JEFFREY S. HAULMAN : DEFENDANT CERTIFICATION OF SERVICE I, Joseph T. Thiroway, Esquire, do hereby certify that a copy of the Praecipe to Settle, Discontinue and End was sent to the following counsel by regular mail through the United States Postal Service on August 12, 2009. Jeffrey T. McGuire, Esquire Caldwell & Kearns, PC 3631 North Front Street Harrisburg, PA 17110-1533 ~'OSEPH T. ,ESQUIRE Attorney r Plaint' s DATED: jz 0 ~'~~~~ t Atl6 f ~, Ptrl ~ 3~5 ~CiBEFI.~`~ (:tTY P1~NNS~11t~A