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Home My WebLink About04-0836 STEVENS & JOHNSON BY: RICHARD F. STEVENS, ESQUIRE 1.0. No. 08073 PETER J. DRUCKENMILLER, JR., ESQUIRE 1.0. No. 87570 740 HAMILTON STREET ALLENTOWN, PA 18101 (610) 439-1451 LISA M. FOX 23 Centerview Drive Troy, New York 12180 ATTORNEYS FOR PLAINTIFF, Lisa M. Fox Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO.C4 -;>31:. JURY TRIAL DEMANDED C:\u~L [-€at JERRY E. CHEESEMAN, and RR 7, BOX 237 SPENCER, INDIANA 47460 INDIANA WESTERN EXPRESS, INC. 3333 West 800 North Edinburgh, Indiana 46124 Defendants NOTICE TO DEFEND 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 AJUDGMENT 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]. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3161 STEVENS & JOHNSON e C::.. "" D v1.r---~ t-- - Peter J. Druckenmiller, Jr., Esquire Attorney for Plaintiff 1.0. No. 87570 740 Hamilton Street Allentown, PA 18101 (610) 439-1451 STEVENS & JOHNSON BY: RICHARD F. STEVENS, ESQUIRE 1.0. No. 08073 PETER J. DRUCKENMILLER, JR., ESQUIRE LD. No. 87570 740 HAMILTON STREET ALLENTOWN,PA 18101 (610) 439-1451 LISA M. FOX 23 Centerview Drive Troy, New York 12180 Plaintiff vs. JERRY E. CHEESEMAN, and RR 7, BOX 237 SPENCER, INDIANA 47460 INDIANA WESTERN EXPRESS, INC. 3333 West 800 North Edinburgh, Indiana 46124 Defendants ATTORNEYS FOR PLAINTIFF, Lisa M. Fox IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. DI./ -.?31- eu~tTen.."1 JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiff, Lisa M. Fox, by and through her attorneys, Stevens & Johnson, and do hereby submit the following Complaint, and in support thereof aver the following: I. Plaintiff, Lisa M. Fox is an adult individual who resides at 23 Centerview Drive, Troy, New York, 12180 2. It is believed and therefore averred that Defendant, Jerry E. Cheeseman is an adult individual who resides at RR 7, Box 237, Spencer, Indiana 47460. 3. It is believed and therefore averred that Defendant, Indiana Western Express, Inc. Has a principal place of business located 3333 West 800 North, Edinburgh, Indiana, 46124 FACTS 4. On Thursday, May 9,2002, Ms. Lisa Fox, an employee of Allegheny and Chesapeak PT, Inc. was northbound on the Harrisburg Pike in the municipality of Middlesex, Cumberland County, Pennsylvania. Ms. Fox, was in the process of traveling from the Carlisle Nursing and Rehabilitation Center back to Easton, Pennsylvania. 5. Mr Cheeseman was the operator of a 18 wheel tractor trailer owned by Indiana Western Express Inc. He was traveling northbound behind Ms. Fox's vehicle at a high rate of speed. 6. Ms. Fox saw that the light at the intersection was turning from yellow to red. Ms. Fox applied her brakes and stopped her vehicle. 7. A tractor trailer driven by Jerry E. Cheeseman and owned by Indiana Western Express, Inc. didn't stop, instead it smashed into the rear of Ms. Fox's vehicle. 8. The force of the collision resulting from Mr. Cheeseman's negligent, careless and reckless actions caused Ms. Fox's company owned 2000 Dodge Neon to have severe damage to the rear of her vehicle, while slamming Ms. Fox's knee into the dash board as well as injuring the cervical spine and surrounding musculature, she was violently forced forward and then back, striking the back of the seat. 9. According to the Middlesex Township police report, incident number 20020509M7244, Mr. Cheeseman was charged with violating section 331 0 (a)(3)ofthe Pennsylvania Motor Vehicle Code regarding following too closely. Mr. Cheeseman plead not guilty to the charges but was found guilty and sentenced by Magistrate Susan K. Day on July 9,2002. 3 COUNT! NEGLIGENCE LISA M. FOX V. JERRY E. CHEESEMAN 10. The Plaintiff incorporates paragraphs 1 through 9, inclusive, of this Complaint herein as though the same were set forth more fully at length. 11. The Defendant had a duty to operate his vehicle in a safe and responsible manner. 12. The Defendant had a duty to operate his vehicle in accordance with the laws of the Commonwealth of Pennsylvania. 13. The Defendant violated his duty when he negligently, carelessly and recklessly failed to stop and instead smashed into the rear of Ms. Fox's vehicle. 14. The aforesaid collision and Plaintiff's resultant injuries, damages and losses were directly and proximately caused by the carelessness and negligence of Defendant, Jerry E. Cheeseman, in that he: (a) was operating said motor vehicle without having the same under proper and adequate control; (b) was operating said motor vehicle in such a manner as to cause it to collide with the Plaintiff; (c) was operating his vehicle with blatant disregard for the rights and safety of others; (d) disregarded the presence of other motorists on the road and, in particularity, the presence of the Plaintiff; (e) failed to keep a proper look out for other motorists on the roadway and specifically the Plaintiff; (1) failed to efficiently maintain his vehicle; 4 (g) failed to bring his vehicle to a stop prior to its contact with the Plaintiff; (h) failed to bring his vehicle to a complete stop when signaled by a stop light; (i) violated the laws of the Commonwealth of Pennsylvania governing the operation of motor vehicles, which constitutes negligence as a matter oflaw; G) failed to exercise due care under the circumstances; and (k) was otherwise careless and negligent under the circumstances. 15. As a direct and proximate result of the negligent, careless and reckless acts of the Defendant, Jerry E. Cheeseman, Plaintiff, Lisa M. Fox has suffered and will continue to suffer the various injuries as set forth below. 16. As a direct and proximate result of the negligent, careless and reckless acts ofthe Defendant, Jerry E. Cheeseman, Plaintiff, Lisa M. Fox has suffered and will continue to suffer great bodily pain and suffering. 17. As a direct and proximate result of the negligent, careless and reckless acts of the Defendant, Jerry E. Cheeseman, Plaintiff, Lisa M. Fox has suffered and will continue to suffer a sever and permanent loss to his health. 18. As a direct and proximate result of the negligent careless, and reckless acts of the Defendant, Jerry E. Cheeseman, Plaintiff, Lisa M. Fox has suffered and will continue to suffer a loss of earning power. 19. As a direct and proximate result of the negligent, careless and reckless acts ofthe Defendant, Jerry E. Cheeseman, Plaintiff, Lisa M. Fox, has suffered and will continue to suffer continuing medical expenses to treat the injuries caused by the Defendant. 5 20. As a direct and proximate result of the negligent, careless and reckless acts of the Defendant, Jerry E. Cheeseman, Plaintiff, LisaM. Fox has suffered and will continue to suffer a loss ofthe eIVoyment oflife's pleasures and the ability to pursue daily routines, pursuits and goals with modifications in all aspects of his life. 21. As a direct and proximate result of the negligent, careless and reckless acts of the Defendant, Jerry E. Cheeseman, Plaintiff, Lisa M. Fox has suffered and will continue to suffer anxiety, sadness, loss of self esteem, embarrassment, humiliation and fear. 22. As a direct and proximate result of the negligent, careless and reckless acts of the Defendant, Jerry E. Cheeseman, Plaintiff, Lisa M. Fox has suffered and will continue to suffer mental and emotional upset, psychological injury, and torment. WHEREFORE, the Plaintiffs demand judgment against the Defendant in an amount in excess of$50,OOO.00 plus costs, interests and other damages that this Honorable Court deems just. COUNT II NEGLIGENCE INDIANA WESTERN EXPRESS, INC. V. LISA M. FOX 23. The Plaintiff incorporates paragraphs 1 through 22, inclusive, of this Complaint herein as though the same were set forth more fully at length. 24. At all times material hereto, Defendant Cheeseman was the agent, servant, workman, and/or employee of Defendant, Indiana Western Express, Inc. 25. The Defendant had a duty to hire competent drivers to operate their vehicles in a safe and responsible manner. 6 26. The Defendant had a duty to to hire competent drivers to operate their vehicle in accordance with the laws ofthe Commonwealth of Pennsylvania. 27. The Defendant violated their duty when they negligently, carelessly and recklessly failed to hire a competent driver to yield their vehicle and pulled out in front of Nicole C. Vieni. 28. The aforesaid collision and Plaintiffs resultant injuries, damages and losses were directly and proximately caused by the carelessness and negligence of Defendant, Indiana Western Express, Inc., both, vicariously, and for failing in their duty to hire a competent driver to: (a) operate said motor vehicle without having the same under proper and adequate control; (b) operate said motor vehicle in such a manner as to cause it to collide with the Plaintiff; (c) operate said vehicle with blatant disregard for the rights and safety of others; In failing in their duty to hire a competent driver who: (d) disregarded the presence of other motorists on the road and, in particularity, the presence of the Plaintiff; (e) failed to keep a proper look out for other motorists on the roadway and specifically the Plaintiff; (f) failed to efficiently maintain their vehicle; (g) failed to bring his vehicle to a stop prior to its contact with the Plaintiff; (h) failed to bring his vehicle to a complete stop when signaled by a stop sign; (i) violated the laws of the Commonwealth of Pennsylvania governing the operation of motor vehicles, which constitutes negligence as a matter oflaw; (j) failed to exercise due care under the circumstances; and (k) was otherwise careless and negligent under the circumstances. 7 29. As a direct and proximate result of the negligent, careless and reckless acts ofthe Defendant, Indiana Western Express, Inc., Plaintiff, Lisa M. Fox has suffered and will continue to suffer the various injuries as set forth below. 30. As a direct and proximate result of the negligent, careless and reckless acts of the Defendant, Indiana Western Express, Inc., Plaintiff, Lisa M. Fox has suffered and will continue to suffer great bodily pain and suffering. 31. As a direct and proximate result of the negligent, careless and reckless acts ofthe Defendant, Indiana Western Express, Inc., Plaintiff, Lisa M. Fox has suffered and will continue to suffer a sever and permanent loss to her health. 32. As a direct and proximate result of the negligent careless, and reckless acts ofthe Defendant, Indiana Western Express, Inc., Plaintiff, Lisa M. Fox has suffered and will continue to suffer a loss of earning power. 33. As a direct and proximate result of the negligent, careless and reckless acts of the Defendant, Indiana Western Express, Inc., Plaintiff, Lisa M. Fox has suffered and will continue to suffer continuing medical expenses to treat the injuries caused by the Defendant. 34. As a direct and proximate result of the negligent, careless and reckless acts ofthe Defendant, Indiana Western Express, Inc., Plaintiff, Lisa M. Fox has suffered and will continue to suffer a loss of the enjoyment oflife's pleasures and the ability to pursue daily routines, pursuits and goals with modifications in all aspects of her life. 35. As a direct and proximate result of the negligent, careless and reckless acts of the Defendant, Indiana Western Express, Inc., Plaintiff, Lisa M. Fox has suffered and will continue to suffer anxiety, sadness, loss of self esteem, embarrassment, humiliation and fear. 8 36. As a direct and proximate result of the negligent, careless and reckless acts ofthe Defendant, Indiana Western Express, Inc., Plaintiff, Lisa M. Fox has suffered and will continue to suffer mental and emotional upset, psychological injury, and torment. WHEREFORE, the Plaintiffs demand judgment against the Defendant in an amount in excess of$50,000.00 plus costs, interests and other damages that this Honorable Court deems just. Respectfully Submitted, STEVENS & JOHNSON Date: 2 - c"i -louY By: f1tA ,,-0~~l c.- /""-. Peter J. Druckenmiller, Jr., Esquire J.D. No. 87570 Richard F. Stevens, Esquire J.D. No. 08073 Attorneys for the Plaintiff Lisa M. Fox 740 Hamilton Mall Allentown, Pennsylvania 18101 610-439-1451 9 VERIFICATION I, Lisa M. Fox, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: feh Ie;; tOol{ (~c<-;1A !OK Lisa M. Fox CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing Complaint was, this date, served upon all parties, by placing the same in the United States Mail, Certified, First Class, Postage Prepaid, Return Receipt Requested, and addressed to: JERRY E. CHEESEMAN, and RR 7, BOX 237 SPENCER, INDIANA 47460 INDIANA WESTERN EXPRESS, INe. 3333 West 800 North Edinburgh, Indiana 46124 STEVENS & JOHNSON Date: "2-- <. L(- Ze.vY By: (Jtr-A G f'V-re W~ r-- Peter J. Druckenmiller, Jr., Esquire J.D. No. 87570 Richard F. Stevens, Esquire J.D. No. 08073 Attorneys for the Plaintiff Lisa M. Fox 740 Hamilton Mall Allentown, Pennsylvania 18101 610-439-1451 AJ (.J <0. tL ~ 0 ~ w "1 ~ tJ CJ ~~p::! ~ c~ ~-~ (, -1', 1 _,J . ;.~ -"[3 ..........9 :-,.) r",,-) r-) J r~,; ..< Stevens & Johnson By: Richard F. Stevens, Esquire I.D. No. 08073 740 Hamilton Street Allentown, PA 18101 (610) 439.1451 LISA M. FOX 23 Centerview Drive Troy, New Yark 12180 Attorney for Lisa M. Fox IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs NO. 04.836 vs. JERRY E. CHEESEMAN RR 7, Box 237 Spencer, Indiana 47460, and INDIANA WESTERN EXPRESS, INC. 333 West 800 North Edinburgh, Indiana 46124 TRIAL BY JURY OF 12 DEMANDED Defendants PRAECIPE TO REINST A TEl TO: Prothonotary Kindly reinstate the Complaint in the above captioned matter. ~~Q"= Richard F. Stevens, Esquire STEVENS &JOHNSON 740 Hamilton Street Allentown, PA 18101 (610) 439..1451 I.D.08073 Date: August 12, 2004 '" c;, C) :'f2 ~'n :;r::.. c= C') 0.' C\., C') _J Stevens & Johnson By: Richard F. Stevens, Esquire I.D. No. 08073 740 Hamilton Street Allentown, PA 18101 (610) 439.1451 Attorney for Lisa M. Fox LISA M. FOX 23 Centerview Drive Troy, New York 12180 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs vs. JERRY E. CHEESEMAN RR 7, Box 237 Spencer, Indiana 47460, and INDIANA WESTERN EXPRESS, INC. 3333 West 800 North Edinburgh, Indiana 46124 Defendants NO. 04.836 TRIAL BY JURY OF 12 DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEHIGH ) KATHLEEN A. FLEWELLING, being duly sworn, deposes and says: 1. On March 5,2004, I served a copy of the Complaint by certified mail, return receipt requested, upon Indiana Western Express, Inc., 3333 West 800 North, Edinburgh, Indiana 46124, reasonably known and advertised to be the proper address for said place of business. 2. The said Complaint, after several attempts by the United States Postal Service, returned to this office marked "Refused." A true and correct copy of the returned envelope is attached hereto and made a part hereof, as Exhibit A. 3. On August 25,2004, I again served a Reinstated copy of the Complaint by regular mail, pursuant to Pa.R.C.P., 403, addressed to Indiana Western Express, Inc., 333 West 800 North, Edinburgh, Indiana 46124. 4. In accordance with Pa. R.C.P. 403, proper service is made by regular mail if the Defendant, Indiana Western Express, Inc., did not return the Complaint within 15 days of mailing. A true and correct copy of the transmittal letter of August 25, 2004, is attached hereto and made a part hereof as Exhibit B. 5. As of the date of this Affidavit, October 28,2004, Defendant, Indiana Western Express, Inc., did not return the Complaint, well exceeding the 15 days provided by the applicable Pennsylvania Rule of Civil Procedure. Jf~:/J~AJJ ~~utf / h~ Kathleen A. Flewellill'g () sworn to before me this ,;J.. hy of ((1~h..e.{ ,2004. NO,}~~. ~ Notarial Seal Jean M. MiIler, Notary Public City of Allentown, Lehigh County My Commission Expires Aug. 14, 2006 Member, Pennsylvania Msociation Of Notaries E~1i.Jit A !l f . t, .' ~l, C U " .r, :x;) " <t" <:t IQ ...a m M m ru c ru M C ru C c C 1.1 .rr :J \ \~o\ 'b\Of'. \' \ \, \l~" \()() ~% ~7 O() ~ y A. :L~V' ~ O? () .. . , - LL z o ({) Z I o ~ J < III t<S ~ z ({) ~ Z ~ W > W I- (f) .. ..... ~~! .r:! !tj .. -~ t} '" ~ ~~,tt?tlt" :: eQl C:();:>~~!>>-6~$'f] / .~ & ~ ~ ~ 0 $ ~ · $Gf/"l:~:f:;fo> ~:e r l!! '.1. '5'No ~. 0;;] 4! E! "l: !"I J' ~ ~ ~ 0 0' g. c.O 0 lr \r '" f ~ . !l.!! tr iJi, ~:! J> .:;' .; ~;., f(' ,.."" & ~ tJ] " 't5....!fO;'.!;Q'r:;...."tf"'b'" ~ ~ I;; '" ,," l? .. .. I.i. ::> .... ... _t:: ~ C r. f/1 ;: ." -C? h l:l 4.J ~~.s~ 1'J.!!!()(])~ l:JOb '<( :f~"1 -; ~ ff 3' l:J l:J ~ (D ~ 9> Cl 0 t:; C: tf Ot:t U ~ 011 011 ... "" III r<t- III .. a: 0 "" .. III 011 2 .. o < I- A. ~ . - 2 ~ 3: < 0 :x: "" o 2 ~ ~ ../ < },I/ ~t'" / # ~ O'li ~ ~ Ol11 _ ~ . '1...b ,,? ,I!>~'li4'db "- / ~ t; .'J .f' ~f/i ~ I:!,"" ~ " ::,' 0 ,? '" ,,0 "," ~o~ *:~ ~.:;j <:J',I!> f t:'.,ci 0 ,!J ~~~ i rut,":' lPl> l .l,,l , (it; () tl""~' if OJ "'> I'" 01 ()"" ~ p'" It .f 0 i!- o 'V" ~ co ... q;" ~ .... .::; " 0 rf ~ # .,,-'iT {) ()~ ~<h' ~ rO' J cI 1:1 {)~ <1/.1 {) () ,,~ ~ ~ ~ ~ ~ ~ ~ E~1i'Jit B . . STEVENS & JOHNSON RICHARD F. STI;:VENS HOWARD S, STEVENS TIMOTHY T. STEVENS" KATHRYN A, WilLIAMS PETER J, DRUCKENMilLER ATTORNEYS AT lAW (6101439-1451 740 HAMILTON STREET ALLENTOWN. PA 18101-2488 FAX (6101 439-4933 (6101 439-1733 OF COUNSEL ROBERT J, JOHNSON HERBERT M. RAFNER* . ALSO AOMITTEO IN NEW YORK .. ALSO ADMITTED IN NEW .,JERSEY AND U S. VIRGIN ISLANDS August 25, 2004 INDIANA WESTERN EXPRESS, INC. 3333 West 800 North Edinburgh, Indiana 46124 RE: Fox vs. Indiana Western Express, Inc. C.C.P. Cumberland County, No. 04-836 Dear Sir/Madam: Enclosed please find a time-stamped copy of the reinstated Complaint in the above captioned matter. You should take this paperwork to your lawyer at once. You have been sued in Court, if you wish to defend against the claims set forth in the enclosed Complaint, you must take action within twenty (20) days after this Complaint is served. Service has been made upon you in accordance with the applicable Pennsylvania Rules of Civil Procedure. Very truly yours, RFS:kaf Enclosure (Complaint) 0 ~ 0 <::~ "-:'J ,...-'- t:::':) ., " ..c.- --4 ...,::r._ :T.--n c'" lilF"--; ....;.::: -\1 :T1 I ~'C;C'! c-::> "') .l '-IU -:-I ~!:} ~q ~.,:; (.,.) (3m ;:---, ='.:j :iJ -< co --.;: LISA M. FOX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-836 JERRY E, CHEESEMAN and CIVIL ACTION - LAW INDIANA WESTERN EXPRESS, INC, Defendant JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, Indiana Western Express, Inc., served Interrogatories, Expert Interrogatories and Request for Production of Documents addressed to Plaintiff, Lisa M. Fox, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the Ilftl1 day ofJanuary, 2005. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: llllJ.1DS- BY: CHRISTOPHER M. REESER, ESQUIRE Attorney LD. # 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Deft~ndant Indiana Western Express, Inc. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firnlof Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this JLj:t-h day of January, 2005, I served a true and correct copy of the foregoing document via U.S. first-class mail, postage pre-paid, as follows: Richard F. Stevens, Esquire Stevens & Johnson 740 Hamilton Street Allentown, PA 18101 ~"J~ SUSAN M. WILLIAMS '-1\ <.-.- \.': ~, (r'l c..;\ - Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LISA M. FOX, v, : NO. 04-836 JERRY E. CHEESEMAN and CIVIL ACTION - LAW INDIANA WESTERN EXPRESS, INe. Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance ofthe undersigned as counsel on behalf of the Defendant, Indiana Western Express, Inc., in the above-captioned case. RespectfuHy Submitted, MARSHAlLL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: I / .;Ill "''') BY: ~~ CHRISTOPHER M. REESER, ESQUIRE J.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 (717) 651-3509 Attorney for Defendant ~ ':':~';:l ,;;..r1 C) .'n ::-:! '- :.t,~ X 1"" .s=- ~;~ C;? f',) -} Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA M. FOX, v, : NO. 04-836 JERRY E. CHEESEMAN and CIVIL ACTION - LAW INDIANA WESTERN EXPRESS, INC, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff Lisa M. Fox and her attorney, Richard F. Stevens, Esquire, You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully Submitted, DATE: r (.?I/ 0 S MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ~ BY: CHRISTOPHER M. REESER, ESQUIRE LD. No. 73632 4200 Crums Mill Road, Suite B Harrisburg. PAl 7112 (717) 651-3509 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA M. FOX v. NO. 04-836 JERRY CHEESEMAN and INDIANA WESTERN EXPRESS, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT INDIANA WESTERN EXPRESS, INC'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER I. Denied. Answering does not have sufficient information to form a belief as to the tmth or falsity of the averment in paragraph one (I) and proof thereof is demanded at trial. 2. Denied. Jerry E. Cheeseman is deceased. 3. Admitted. 4. Admitted that plaintiff Lisa Fox was northbound on the Harrisburg Pike in the municipality of Middlesex, Cumberland County, Pennsylvania, on May 9, 2002. The remainder of the averment in paragraph four (4) is denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 5. Admitted in part and denied in part. Admitted that Defendant Cheeseman was the operator of an eighteen wheel tractor trailer owned by Indiana Western Express. Admitted that Defendant Cheeseman was traveling northbound behind Plaintiffs vehicle. Denied that Defendant Cheeseman was traveling at a high rate of speed. 6. Admitted that plaintiff applied her brakes and stopped her vehicle. The remainder of the averment in paragraph six (6) is denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 7. Admitted in part and denied in part. Admitted that a collision occurred between the tractor trailer driven by Defendant Cheeseman and the vehicle driven by plaintiff The remainder of the averment in paragraph seven (7) is denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e), 8. Denied. The averment in paragraph eight (8) is denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e) 9. Admitted that according to the Middlesex Township Police Report, Defendant Cheeseman was charged with violating S 3310 (a) (3) of the Pennsylvania Motor Vehicle Code. Any averment related to the disposition of the charge is denied as answering Defendant does not have sufficient information to form a belief as to the truth or falsity of the averment regarding the disposition of the charge. Furthermore, the disposition of a summary motor vehicle offense is immaterial and inadmissible. COUNT I - NEGLIGENCE LISA M. FOX V. JERRY E. CHEESEMAN 10. No responsive pleading required. II. The averment in paragraph eleven (11) is a legal conclusion to which no responsive pleading is required. 12. The averment in paragraph twelve (12) is a legal conclusion to which no responsive pleading is required. 13. The averment in paragraph thirteen (13) is a legal conclusion to which no responsive pleading is required. 14, The averment in paragraph fourteen (14) and sub paragraphs 14 a-k are legal conclusions to which no responsive pleading is required. IS. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 16. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 17. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 18. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 19. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 20. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 21. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 22, Denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). WHEREFORE, Defendant Indiana Western Express requests judgment be entered in it's favor. COUNT II - NEGLIGENCE LISA M. FOX V. INDIANA WESTERN EXPRESS 23. No responsive pleading required, 24, The avern1ent in paragraph twenty-four (24) is a legal conclusion to which no responsive pleading is required, 25. The averment in paragraph twenty-five (25) is a legal conclusion to which no responsive pleading is required, 26. The averment in paragraph twenty-six (26) is a legal conclusion to which no responsive pleading is required. 27. Denied, The averment in paragraph twenty-seven (27) is a mix of a legal conclusion to which no responsive pleading is required and an allegation of fact that appears to have no relationship to this incident. 28. The averment in paragraph twenty-eight (28) and sub paragraphs twenty-eight a-k (28 a-k) are legal conclusions to which no responsive pleading is required. To the extent that the averment in paragraph twenty-eight (28) and sub paragraphs 28 a-k are deemed to be factual, those averments are denied pursuant to Pennsylvania Rule of Civil Procedure 1029 (e), 29. Denied to pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 30. Denied to pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 31. Denied to pursuan! to Pennsylvania Rule of Civil Procedure 1029 (e). 32. Denied to pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 33. Denied to pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 34. Denied to pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 35. Denied to pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). 36. Denied to pursuant to Pennsylvania Rule of Civil Procedure 1029 (e). WHEREFORE, Defendant Indiana Western Express requests judgment be entered in it's favor. NEW MATTER 37. Defendant Jerry E. Cheeseman is deceased and is theref,:lre not a proper to this action. 38. Answering Defendant pleads and preserves the applicable statute of limitations. 39. Upon information and belief, some or all of plaintiffs medical expenses been paid or are payable by collateral sources and are therefore not recoverable from answering defendant pursuant to S 1722 of the Motor Vehicle Financial Responsibility Law. 40. Upon information and belief, some or all of plaintiffs lost wages and/or loss of earnings capacity has been paid or is payable by collateral sources and is therefore not recoverable pursuant to S 1722 of the Motor Vehicle Financial Responsibility Law. 41. Plaintiff may have failed to mitigate her damages. WHEREFORE, Defendant Indiana Western Express requests judgment be entered in it's favor. Respectfully Submitted, ~ DATE: I (;lll 0 '5 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 6~ BY: CHRISTOPHER M. REESER, ESQUIRE J.D. No. 73632 4200 Crums ,',1ill Road, Suite B Harrisburg, P A 17] 12 (717) 651-3509 v VERIFICATION Christopher M, Reeser, Esquire, Attorney for Defendant Indiana Western Express, verifies that the facts set forth in Defendant Indiana Western Express, lnc.'s Answer with N,ew Matter are true to the best of his knowledge, information and belief, The party filing this pleading is outside the jurisdiction of the Court and the Verification cannot be obtained within the time allowed for filing the pleading. Statements contained within this pleading are subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsifications to authorities. I f;1.'( '" '5 DATE: Christopher M. Reeser, Esquire ~ LISA M. FOX, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-836 JERRY E. CHEESEMAN and INDIANA WESTERN EXPRESS, INe. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Jennifer L. White, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 2..1.:)-+ day of January 2005, I served a copy of the foregoing documents to Plaintiffs counsel via First Class United States mail, postage prepaid as follows: Richard F, Stevens, Esquire Stevens & Johnson 740 Hamilton Street Allentown, PA 18101 n c-. ~ ., ,J- '''' <:::;'-~ ~,:J c.r1 ,- '1;)'. ::J;~ 1') +:- -0 -,:;~ _.J~ c...' f'~.) 00 1 Stevens & Johnson By: Richard F. Stevens, Esquire I,D. No, 08073 740 Hamilton Street Allentown, PA 18101 (610) 439,1451 Attorney for Lisa M. Fox Plaintiffs IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY PENNSYLVANIA LISA M, FOX vs, JERRY E. CHEESEMAN INDIANA WESTERN EXPRESS, INC. Defendants NO, 04,836 TRIAL BY JURY OF 12 DEMANDED REPLY TO NEW MATTER 37, Plaintiff is without sufficient information to for a belief as to the truth or falsity of this allegation and proof thereof is demanded at time of trial. Defendant, Cheeseman, was alive at the time of the automobile accident which is the subject of this action, 38, Denied, No statute oflimitation exists, 39, Denied, This is a conclusion oflaw and no affirmative answer is necessary, 40, Denied, This is a conclusion oflaw and no affirmative answer is necessary, 41. Denied. This is a conclusion of law and no affirmative answer is necessary Respectfully submitted, BY'J2U~~~ Richard F, Stevens I.D,08073 STEVENS & JOHNSON 740 Hamilton Street Allentown, PA 18101 (610) 439-1451 Counsel for: Plaintiff CERTIFICATE OF SERVICE I, Richard F, Stevens, Esquire, of the law firm of Stevens & Johnson, hereby certify that a true and correct copy of the attached Reply to New Matter, was served, this date, by United States Mail to: Christopher Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 ./ Dated: 1 ~ -6"> BY:~~ Richard F, Stevens, Esquire 740 Hamilton Street Allentown, PA 18101 (61 0) 4~19-1451 1.0.08073 Counsell for Lisa Fox ---- (,., ~'I r"n \.,:.,' , -n --,i ":-c i\\ '.' -';'1 r<"': (}l C\,\ - 01145050 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LISA M. FOX PLAINTIFF/S COURT O.~ COMMON PLEAS VS, JERRY E. CHEESEMAN AND INDIANA WESTERN EXPRESS, INC. NO, 04-836 DEFENDANT/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COpy OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVE:D, (2) A COpy OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, ,~ (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 2/11/05 _8-- CHRIS'rOPHER M, REESER, ESQ, ATTOro~EY FOR DEFENDANT 09114-00102 COMMONWEALTI' OF PENNSYLVANIA COUNTY OF CUMBERLA1ID 01145050 12/26/05 LISA M. FOX PLAINTIFF/S COURT OF COMMON PLEAS VS, JERRY E. CHEESEMAN AND INDIANA WESTERN EXPRESS, INC. NO. 04-836 DEFENDANT/S NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 TO: RICHARD STEVENS, ESQ, STEVENS & JOHNSON 740 HAMILTON ST. ALLENTOWN PA 18101-2488 ATTORNEY(S} FOR PLAINTIFF DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F, KENNEDY BLVD" PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. LEHIGH VALLEY BONE MUSCLE & JOINT PHYSICAL THERAPY DATE: 1/17/05 CHRISTOPHER M. REESER, ESQ, MARSHALL, DENNEHEY, WARNER, COLE~q & GOGGIN 4200 CRUMS MILL RD, HARRISBURG PA 17110 ATTORNEY(S) FOR DEFENDANT N 01145050 12/26/05 <XHDNWEM:rH OF PmNSYJ:,VANTA coom'Y OF CUMBEmAND RUSH LISA M. FOX Court of Common Pleas 04-836 vs. File N,. JERRY E. CHEESEMAN AND INDIANA WESTERN EXPRESS, INC. SUBPOENA TO PROOl.x:E DOCl..tEIITS OR ll'i I NGS FOR OISOOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF LEHIGH VALLEY BONE MUSCLE & JOINT PHYSICAL THERAPY 2597 SCHOENERSVILLE RD. S-101 BETHLEHEM p~ lS017 TO: (N'3lT\e of Person or Entity) within twenty (20) days after service of this subooena, YOU are ordered by the court to SEE ATTACHED ADDENDUM produce the following doct.rnents or things: COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S- 300" PHILADELPHiA, n. at RECO~. (Address) You may deliver or mail legible copies of the docunent:s or produce things requested by this subpoena, together with the certificate of carpliance, to the part_y making this request at the address listed above. You have the right to seek in advance the reasonab 1 e cost of preparing the copies or producing the things sought. I f you fai I to produce the doct.rnents or things required by this subpoen'i within twenty (20) days after its service, the party serving this subpoena IT'ay seek a court order carc:>ellir;g you to carply with it. ll'iIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON: CHRISTOPHER M. REESER, ESQ. NAME: ADDRESS: FOR INFORMATION: (215) 241-5858 TELEPHONE: stPREr-E <xun 10 It A TIORNEY FOR: DEFENDANT DATE: - ) ~ A ) /1> -dcx:.li" Seal of the t ISSUED ON: 2/11/05 BY '!!;. OOJRT: r <~p, \ '), Prothonotary/Clerk, 4<~o {J '- (Eff. 7/97) NO, 04-836 ADDENDUM TO SUBPOENA 01145050 12/26/05 LISA M. FOX VS. JERRY E, CHEESEMAN AND INDIANA WESTERN EXPRESS, INC, ANY AND ALL MEDICAL RECORDS, INCLUDING, BUT NOT LIMITED TO, LAB REPORTS, X-RAYS, MRI'S, CT SCANS, EEG'S OR OTHER DIAGNOSTIC MATERIALS TOGETHER WITH ALL REPORTS, NOTES, MEMOS, CORRESPONDENCE AND MEDICAL BILLS CONCERNING LISA M. FOX (1920 LEHIGH ST" APARTMENT B, EASTON, PA, DOB 09/02/75, SSN N/A) .. CERTIFICATE OF SERVICE I, Susan M, Williams, an employee with the law firnl of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this Jg+&\ day of February, 2005, I served a true and correct copy of the foregoing document via U.S. first-class mail, postage pre-paid, as follows: Richard F. Stevens, Esquire Stevens & Johnson 740 Hamilton Street Allentown, PA 18101 ~~J~ SUSAN M. WILLIAMS . STEVENS & JOHNSON By: Peter J. Druckenmiller, Jr" Esquire I.D No. 87570 By: Richard F. Stevens, Esquire LD. No, 08073 740 Hamilton Street Allentown, Pennsylvania 18101 (610) 439-1451 ATTORNEYS FOR PLAINTIFF Lisa A, Jones LISA M. FOX 23 Centerview Drive Troy, New York 12180 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW Vs, NO, 04-836 Civil Term JERRY E. CHEESEMAN, and RR 7, Box 237 Spencer, Indiana 47460 JURY TRIAL DEMANDED INDIANA WESTERN EXPRESS, INe. 3333 West 800 North Edinburgh, Indiana 46124 Defendants PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY/CLERK OF SAID COURT: You are hereby authorized, empowered and directed to enter, as indicated, the following on the records thereof: A. 1. The within suit is Settled, Discontinued, Ended and costs paid. 2. ~ The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid 3, costs paid The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and ~l-;l->f->f->:- B, 1. 2, Satisfaction of the Award in the within suit is acknowledged, Satisfaction of Judgment, with interest and costs, in the within suit is ~ acknowledged, Date:~ 3 CHRISTOPHER M. RESSER, ESQUIRE Attorney for Defendants Jerry E, Cheeseman and Indiana Western Express, Inc" Date: 7 ~ z.l - Z!OS n~~~UL---- PETER J. DRUCKENMILLER, JR., ESQUIRE RICHARD F. STEVENS, ESQUIRE Attorneys for Plaintiff Lisa M, Fox a.k.a Lisa M, Jones . f'-:') Co::;) C::.;:l c.n o .,.., ::;j 1c:{'if'Q -OCi1 :')C'! (') , .~~() .'''" =1~4 ::;.. :J.:J .< ?':-" c:: (,-j ""T7 (.,) co