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HomeMy WebLinkAbout08-74714, 4% HENRY & BEAVER LLP By: Christopher J. Coyle Identification No. 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07 -7q7 C;? 1 I Test MONROE FIRE COMPANY, 1225 Peffer Road Mechanicsburg, PA 17055 and JURY TRIAL DEMANDED WILLIAM M. FARRELL, 1323 Asper Drive Boiling Springs, PA 17007 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above case. Damages in excess of Fifty Thousand Dollars ($50,000.00). A, -dIft Please issue the Writ of Summons and forward it to Sheriff for service. HENRY & BEAVER LLP Date: L Z 03 , 2008 CRSTOPH R J. OYLE I . D. #30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Plaintiff 2 4- .? n lb O • ° -- t"'i C t l r-__ ., NJ ' b - w ni HENRY & BEAVER LLP By: 'Christopher J. Coyle Identification No. 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. MONROE FIRE COMPANY, 1225 Peffer Road Mechanicsburg, PA 17055 and WILLIAM M. FARRELL, 1323 Asper Drive Boiling Springs, PA 17007 Defendants No. Og 17 / I V 1 I (e 12.o, JURY TRIAL DEMANDED WRIT OF SUMMONS To: MONROE FIRE COMPANY 1225 Peffer Road Mechanicsburg, PA 17055 William M. Farrell 1323 Asper Drive Boiling Springs, PA 17007 A You are hereby notified that N. Eileen Keller, Executrix of the Estate of Mark E. Keller, Jr., deceased, has commenced an action against you. Date: " q -n ' MKS LPfothonotary By: ( Puty) -2- SHERIFF'S RETURN - REGULAR CASE NO: 2008-07471 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KELLER N EILEEN VS MONROE FIRE COMPANY ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon Artr`,NTn U VTDV (`nMDANIV the DEFENDANT , at 1344:00 HOURS, on the 3rd day of January , 2009 at 1225 PEFFER ROAD MECHANICSBURG, PA 17055 by handing to WILLIAM FARRELL, DEPUTY CHIEF, ADULT IN CHARGE 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 18.00 Service 9.00 Postage .56 Surcharge 10.00 Sworn and Subscibed to before me this day So Answers:: R. Thomas Kline 01/05/2009 HENRY & BEAVER By: e S eriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-07471 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KELLER N EILEEN VS MONROE FIRE COMPANY ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FARRELL WILLIAM M the DEFENDANT , at 1344:00 HOURS, on the 3rd day of January , 2009 at 1225 PEFFER ROAD MECHANICSBURG, PA 17055 by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/05/2009 HENRY & BEAVER By. D ut Sh iff A. D. ?.a czz) f - co (. ? :;LAS THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff VS. MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter our appearance on behalf of Defendants Monroe Fire Company and William M. Farrell in the above matter. by: Respectfully submitted, B1'boks eld; Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE AND NOW, this n day of 1200 Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Christopher J. Coyle, Esq. Henry & Beaver LLP 937 Willow Street POB 1140 Lebanon, PA 17042-1140 Coleen M. Polek 657856.1 0 t1? W N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff VS. MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a rule upon Plaintiff to file a Complaint in the above matter within 20 days after service of the rule or suffer a judgment of non pros. By: Brooks R. Foland, Esq. I.D. No. 70102 305 North Front Street ` Sixth Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 RULE NOW, fQ,br??y 13, c?M?, 2009, RULE ISSUED AS MOVE. Pr onotary By: Deputy 7 ! . r 7l r- _ --r7 fT7 cr. CD HENRY & BEAVER LLP By: Christopher J. Coyle Identification No. 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff N. EILENE KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff V. MONROE FIRE COMPANY, and WILLIAM M. FARRELL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 08-7471 Civil Term : JURY TRIAL DEMANDED 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. MidPenn Legal Services 401 E. Louther St., Ste. 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 "ISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan m6s adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqua en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reciamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. MidPenn Legal Services 401 E. Louther St., Ste. 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 2 HENRY & BEAVER LLP By: Christopher J. Coyle Identification No. 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff N. EILENE KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff V. MONROE FIRE COMPANY, 1225 Peffer Road Mechanicsburg, PA 17055 and WILLIAM M. FARRELL, 1323 Asper Drive Boiling Springs, PA 17007 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08-7471 Civil Term JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff is N. Eilene Keller, an adult individual residing at 2715 Prescott Road, Lebanon, PA. 17042 2. Plaintiff is the widow of Mark E. Keller, Jr., deceased, and was at all times material his wife. 3. Defendant Monroe Fire Company ("Fire Company") is a volunteer Fire Company with a principal place of business at 1225 Peffer Road, Mechanicsburg, Cumberland County, PA. 17055. 4. Defendant William M. Farrell ("Farrell") is an adult individual residing at 1323 Asper Drive, Boiling Springs, Cumberland County, PA. 17007. 5. On March 8, 2007, Plaintiff was duly appointed Administratrix of the Estate of the deceased, who died on January 27, 2007, by the Register of Wills of Lebanon County, Pennsylvania, at No. 2007-00150, State File No. 3807-0139. 6. These actions are based on the wrongful death provisions of the Judicial Code, 42 Pa. Con. Stat. Ann., §§8301 and 5524(2), and the Pennsylvania Probate Estates and Fiduciary Code, Act of June 30, 1972, P.L. 508, 20 Pa. Con. Stat. Ann. §3373 and the survival provisions of the Judicial Code 42 Pa. Con. Stat. Ann., §§8302. 7. Said decedent did not bring an action, and no action was brought against the Defendants during the lifetime of the decedent for the injuries which resulted in his death, and no action for the wrongful death of the said decedent has been commenced against the Defendants on account of the grievances hereinafter set forth. 8. The action for the wrongful death of Plaintiffs decedent is brought on behalf of Decedent's statutory beneficiaries. Pursuant to Pa. R.C.P. No. 2204, the names and relationships of the wrongful death heirs are: • N. Eilene Keller, spouse. • James M. Keller, son. 722 Dogwood Terrace, Boiling Springs, PA. 17007 • Steven J. Keller, son. 243 Schaeffer Road, Lebanon, PA. 17042 • Sue E. Batz, daughter. 62 Eisenhower Rd., Myerstown, PA. 17067 2 • Gerald M. Keller, son. 601 N. Railroad St., Palmyra, PA. 17078 • Gene M. Keller, son. 5625 Chenango Drive, Bethlehem, PA. 18017 • Kay M. Greivenkamp, daughter. 5595 E. Shadow Ridge Drive, Tucson, AZ. 85750 • Joel M. Keller, son. 250 Schaeffer Road, Lebanon, PA. 17042 • Amy K. Bergstrom, daughter. 532 E. Foster Ave., State College, PA. 16801 9. The survival action is brought on behalf of the estate of the deceased. 10. The events hereafter described occurred on January 1, 2007 at approximately 10:43 a.m., on Creek Road in Monroe Township, Cumberland County, Pennsylvania. 11. At that time and place, Plaintiff N. Eilene Keller was operating her motor vehicle, a 1992 Cadillac, in a more or less westerly direction on Creek Road. 12. At that time and place, Plaintiff's Decedent, Mark E. Keller, Jr., ("Plaintiffs decedent") was a passenger in the front seat of the vehicle driven by Plaintiff. 13. At that time and place, the Plaintiff and Plaintiffs decedent were travelling within the lane of travel reserved for westbound traffic on Creek Road. 14. At that time and place, Farrell was driving a 1993 Chevrolet Caprice in a more or less easterly direction on Creek Road and was travelling in the lane of travel reserved for east bound traffic on Creek Road. 15. The vehicle then and there driven by Farrell was owned by Fire Company. 16. Farrell was then and there operating Fire Company's vehicle as an agent, servant, and employee of Fire Company, acting within the scope of his employment, furthering Fire Company's business interests, and under Fire Company's supervision and control. 3 17. At all times relevant hereto, Farrell had a duty to operate Fire Company's vehicle with due care and in compliance with the Pennsylvania Motor Vehicle Code. 18. At that time and place, Farrell left his lane of travel, entered Plaintiffs' lane of travel, struck Plaintiffs' vehicle and pushed Plaintiffs' vehicle off of the roadway. At that time and place, the front portion of Fire Company's vehicle violently collided with the front portion of Plaintiffs' vehicle in a nearly head-on manner. 19. The negligence of the Defendants as set forth herein was the factual cause of the motor vehicle collision and the injuries and damages sustained by the Plaintiff, which were directly and proximately caused thereby. 20. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Farrell operated Fire Company's motor vehicle as follows: a. failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. failure to stay within his lane of travel; d. failure to apply his brakes in sufficient time to avoid striking Plaintiffs' vehicle; e. failure to travel at a safe speed; f. failure to yield the right-of-way to Plaintiffs' vehicle; 4 g. failure to keep a proper watch for traffic on the highway; h. failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; i. failure to keep proper and adequate control over his vehicle; j. Violating 75 Pa.C.S. §3361, relating to driving vehicle at safe speed; k. Violating 75 Pa.C.S. §3714, relating to careless driving; 1. Violating 75 Pa.C.S. §3736, relating to reckless driving; 21. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs are the direct and proximate result of the negligent, careless, wanton and reckless acts of Fire Company as follows: a. Fire Company negligently failed to supervise and monitor Farrell while he was driving Fire Company's vehicle; b. Fire Company negligently allowed Farrell to drive its vehicle when it knew or should have known that Farrell was an unsafe driver; c. Fire Company negligently failed to adequately train Farrell to drive its vehicle. d. Fire Company failed to keep the vehicle in safe operating condition. 22. Plaintiff's decedent, Mark E. Keller, Jr., sustained painful and severe injuries which led to his death on January 27, 2007, which include but are not limited to massive internal injuries, multiple fractures, and pulmonary failure. 5 COUNT I WRONGFUL DEATH Plaintiff v. Defendants 23. Paragraphs 1 through 22 of the Complaint are incorporated herein by reference. 24. By reason of the said tortious conduct of the Defendants, resulting in fatal injuries to and the death of the decedent, Plaintiff claims damages of the Defendants for and on behalf of the next of kin of the decedent, as follows: a. For loss of services, support and contributions which decedent had provided and made, and which decedent would have provided and made during the remainder of decedent's natural life, which services, support, and contributions would have continued until the termination of decedent's natural life but for the aforesaid tortious conduct; b. For loss of decedent's society, companionship, comfort and guidance, which the decedent had provided and which decedent would have continued to provide during the remainder of decedent's natural life, but for the aforesaid tortious conduct; c. For funeral and burial expenses; d. For expenses incident to the last illness and death of Plaintiffs decedent; e. For expenses of Administration; f. For other losses and expenses caused by said tortious conduct. 6 WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of any jurisdictional amount requiring compulsory arbitration, together with interest, costs of suit, and delay damages. COUNT II SURVIVAL ACTION Plaintiff v. Defendants 25. Paragraphs 1 through 24 of the Complaint are incorporated herein by reference. 26. By reason of the said tortious conduct of the Defendants, resulting in fatal injuries to and the death of the decedent, Plaintiff claims damages of the Defendants for and on behalf of the estate of the decedent, as follows: a. For Plaintiff's decedent's physical and mental anguish and pain, suffering and inconvenience from the time of injury until death. b. For Plaintiffs decedent's shock and injury to the nerves and nervous system and has suffered or may suffer emotional distress from the time of injury until death. c. For Plaintiffs decedent's deprivation of the ordinary pleasures of life. d. For the lost earnings of the decedent from the date of injury through the end of the decedent's life expectancy less personal maintenance and lost contributions awarded under the wrongful death claim. 7 WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of any jurisdictional amount requiring compulsory arbitration, together with interest, costs of suit, and delay damages. HENRY & BEAVER LLP C-JlSlifbP?Hft J. O I.D. # 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff 8 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Eilene Keller CERTIFICATE OF SERVICE I, Christopher J. Coyle, of the firm of Henry & Beaver LLP, do hereby certify that I served a certified true and correct copy of the within Complaint upon the following person(s) on February 2j, 2009 in the manner specified below: Name Brooks R. Foland, Esquire THOMAS THOMAS & HAFER 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendants Date: FebruaryZ , 2009 Manner of Service U.S. First Class Mail CHRIST(OPHE 4 C C'? ' c-n e THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street & Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff VS. MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ANSWER WITH NEW MATTER AND NOW, come Defendants Monroe Fire Company and William M. Farrell, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and file the following Answer with New Matter: Denied. Defendants are without information or belief as to the truth of the averments of paragraph 1 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 2. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 2 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 3. Admitted. 4. Admitted. 5. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 5 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 6. Denied. The allegations contained in paragraph 6 are conclusions of law to which no response is required. 7. Admitted based upon information and belief. 8. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 8 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 9. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 9 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 10. Denied as stated. It is admitted only that the motor vehicle accident occurred on January 1, 2007, at approximately 10:43 a.m. on Creek Road in Monroe Township, Cumberland County, Pennsylvania. Any and all other allegations contained in paragraph 10 are specifically denied and strict proof thereof is demanded at time of trial. 11. Admitted based upon information and belief. 12. Admitted based upon information and belief. 13. Denied as stated. It is admitted only that Plaintiff and Plaintiff's decedent were traveling in a westerly direction on Creek Road at or before the subject accident. Any and all other allegations contained in paragraph 13 are specifically denied and strict proof thereof is demanded at time of trial. 2 14. Denied as stated. It is admitted only that Defendant Farrell was operating his vehicle in an easterly direction on Creek Road at or before the subject accident. Any and all other allegations contained in paragraph 14 are specifically denied and strict proof thereof is demanded at time of trial. 15. Admitted. 16. Denied as stated. It is admitted only that Defendant Farrell was operating the fire company's vehicle with the emergency lights and sirens and in response to an emergency call and as a member of the volunteer fire company. Any and all other allegations contained in paragraph 16 are specifically denied and strict proof thereof is demanded at time of trial. 17. Denied. The allegations contained in paragraph 17 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 18. Denied. It is specifically denied that Defendant Farrell at any time left his lane of travel prior to the subject accident. Any and all other allegations contained in paragraph 18 are specifically denied and strict proof thereof is demanded at time of trial. 19. Denied. The allegations contained in paragraph 19 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 20. (a-1) Denied. The allegations contained in paragraph 20 (a-1) are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 3 21. (a-d) Denied. The allegations contained in paragraph 21 (a-d) are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 22. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 22 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. COUNT I - WRONGFUL DEATH Plaintiff v. Defendants 23. Defendants incorporate by reference the answers to Plaintiff s Complaint as though the same were fully set forth herein at length. 24. (a-f) Denied. The allegations contained in paragraph (a-f) are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against Plaintiffs. COUNT II - SURVIVAL ACTION Plaintiff v. Defendants 25. Defendants incorporate by reference the answers to Plaintiff's Complaint as though the same were fully set forth herein at length. 26. (a-d) Denied. The allegations contained in paragraph 26 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 4 WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against Plaintiffs. NEW MATTER 27. Defendants incorporate by reference the answers to Plaintiff's Complaint as though the same were fully set forth herein at length. 28. Any and all damages or losses sustained by Plaintiff, if any, may have been caused by contributory and/or comparative negligence of Plaintiff. 29. Plaintiff's claims may fail to state a claim upon which relief can be granted. 30. Plaintiff's claims may be barred by the applicable statute of limitations. 31. Defendants were not negligent or careless in any manner whatsoever. 32. The alleged conduct of Defendants was not the proximate cause of any injuries or damages sustained by Plaintiffs. 33. Defendant Monroe Fire Company is and was at all times material hereto a local agency as that term is defined by the Applicable Subdivision Tort Claims Act, 42 Pa.C.S.A. §8541. 34. Plaintiff has failed to provide adequate or timely notice of this action pursuant to 42 Pa.C.S.A. §5522. 35. Defendant Monroe Fire Company and Defendant Farrell may be immune from suit pursuant to the Political Subdivision Tort Claims Act, 42 Pa.C.S.A. §8541 et seq. 36. The alleged acts of negligence set forth in Plaintiff's Complaint may not fall within any of the recognized exceptions to the general grant of immunity set forth in the Political Subdivision Tort Claims Act. 5 37. To the extent that Plaintiffs claims are determined to fall within any of the recognized exceptions to the general grant of immunity set forth in the Political Subdivision Tort Claims Act, Plaintiffs recovery is limited pursuant to the provisions of 42 Pa.C.S.A. §8553. 38. Plaintiffs claims and/or damages, if any, may also be barred or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 39. Some or all of Plaintiff's injuries and/or damages, if any, may have been caused by parties other than Defendants. 40. Plaintiff's alleged injuries and/or damages may be the result of pre-existing conditions or unrelated events and may not be a result of the incident or accident alleged in Plaintiff's Complaint. WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against Plaintiffs. Respectfully submitted, T O &HAFER, LLP by: H R. Foland, Esquire I.D. No. 70102 305 North Front Stree , oor __ POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Defendants 6 VERIFICATION I, William M. Farrell, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. William M. Farrell VERIFICATION I, David Heckert, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. David Heckert, President Monroe Fire Company CERTIFICATE OF SERVICE AND NOW, this LV? of , 2093 I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Christopher J. Coyle, Esq. Henry & Beaver LLP 937 Willow Street POB 1140 Lebanon, PA 17042-1140 0?k? Coleen M. Polek 674772.1 L? r--2 0 c--, f . HENRY & BEAVER LLP By: Christopher J. Coyle Identification No. 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff N. EILENE KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff V. MONROE FIRE COMPANY, and WILLIAM M. FARRELL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08-7471 Civil Term JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER 27. No response required. 28. Denied. It is denied that Plaintiffs were in any manner negligent. 29. Denied. This paragraph sets forth a conclusion of law to which no response is required. 30. Denied. This paragraph sets forth a conclusion of law to which no response is required. 31. Denied. Plaintiffs' Complaint is incorporated herein by reference as though set forth in full. 32. Denied. Plaintiffs' Complaint is incorporated herein by reference as though set forth in full. 33. Denied. This paragraph sets forth a conclusion of law to which no response is required. 34. Denied. This paragraph sets forth a conclusion of law to which no response is required. Further, written notice of Plaintiffs' claim was given to Monroe's insurance company by letter dated March 1, 2007. 35. This paragraph sets forth a conclusion of law to which no response is required. 36. This paragraph sets forth a conclusion of law to which no response is required. 37. This paragraph sets forth a conclusion of law to which no response is required. 38. This paragraph sets forth a conclusion of law to which no response is required. 39. Denied. Plaintiffs injuries and damages were caused solely by Defendants. 40. Denied. Plaintiffs injuries and damages were caused solely by Defendants. 2 WHEREFORE, Plaintiffs demand judgment as prayed for in the Complaint. HENRY & BEAVER LLP RIS OPH J. CO I. D. # 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff 3 CERTIFICATE OF SERVICE I, Christopher J. Coyle, of the firm of Henry & Beaver LLP, do hereby certify that I served a certified true and correct copy of the within Plaintiffs Reply to Defendants' New Matter upon the following person(s) on March a, 2009 in the manner specified below: Name Brooks R. Foland, Esquire THOMAS THOMAS & HAFER 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Date: March (1, 2009 Manner of Service U.S. First Class Mail C -?-S CHRIST PHE J. CO E 4't K ' -nc -`:rr, f ?1 ' THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate o THE COURT OF COMMON PLEAS Mark E. Keller, Jr., deceased, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff .08-7471 CIVIL TERM VS. MONROE FIRE COMPANY and M. FARRELL, Defendant Y TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4809.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party on or about March 4, 2009 to serve subpoenas upon Harleysville Insurance, Dillsburg EMS, Hershey Medical Center, West Shore EMS, Dauphin County Coroner, and Bureau of Driver Licensing. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoenas, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve these subpoenas has been waived, as evidenced by the attached correspondence. 4. The subpoenas which will be served are identical to the subpoenas attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: March 25, 2009 By: 9 t t( (C _ 6UL9 u) Q"e% " I BROOKS R. FOLAND, ESQUIRE Attorney I.D. No. 70102 COUNSEL FOR DEFENDANT 677362.1 THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff Attorneys for Defendants Monroe Fire Company and William M. Farrell THE COURT OF COMMON PLEAS MBERLAND COUNTY, PENNSYLVANIA 08-7471 CIVIL TERM VS. MONROE FIRE COMPANY and M. FARRELL, Defendant Y TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendant intends to serve subpoenas upon Harleysville Insurance, Dillsburg EMS, Hershey Medical Center, West Shore EMS. Dauphin County Coroner, and Bureau of Driver Licensing. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas will be served. THOMAS, THOMAS & HAF R, LLP r-?J)ard Brooks R. Foland, Esquire Attorney I.D. No. 70102 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7626 Date,: i THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street. 6'h Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff V5. MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendant N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harleysville Insurance Company, 355 Maple Ave., Harleysville, PA.19438 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: complete copy of the claims file, including but not limited to medical records, photographs, medical bills, pay out information, and all documents for an accident which occurred an 01101107 concerning Policy No. PAA004893. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland Esq. ADDRESS 305 N. Front Street Harrisburg, PA 17101 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy • THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street. 6`h Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfolandO tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff Vs. MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendant N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM URYTRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dillsburg EMS, 109 S. Baltimore Street, Dillsburg, PA 17019 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: complete copy of the entire medical chart/file regarding Eileen (Nelly) Keller (DOB 12115125), including but not limited to office notes, doctors' records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiology reports and films (x-rays, MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological/psychiatric records, from her very first office visit to the present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland Esq. ADDRESS 305 N. Front Street Harrisburg, PA 17101 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants DATE : Seal of the Court Prothonotary/Clerk, Civil Division Deputy . THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street. 6t' Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff VS. MONROE FIRE COMPANY and WILLIAM M FARRELL, Defendant N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center, 500 University Drive, Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: complete copy of the entire medical chart/file regarding Mark E. Keller, Jr. (DOB 02129124), including but not limited to office notes, doctors'records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiology reports and frims (x-rays, MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological/psychiatric records, from his very first office visit to the present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland Esq. ADDRESS 305 N. Front Street Harrisburg. PA 17101 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants DATE : Seal of the Court Prothonotary/Clerk, Civil Division Deputy THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street. 6`h Floor POB 999 Harrisburg. PA 17108-0999 (717) 255-7626 (717) 237-7105 fax Moland(.tthlaw.corn Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff VS. MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendant N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore EMS, 205 Grandview Ave., Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: complete copy of the entire medical chart/file regarding Mark E. Keller, Jr. (DOB 02129124), including but not limited to office notes, doctors'records/reports/correspondence/notes/memoranda, hospital records/reports, physical therapy records/reports, radiology reports and Films (x-rays, MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological/psychiatric records, from his very first office visit to the present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland Esa. ADDRESS 305 N. Front Street Harrisburg, PA 17101 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants DATE : Seal of the Court Prothonotary/Clerk, Civil Division Deputy THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6ch Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlam,.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff VS. MONROE FIRE COMPANY and WILLIAM M FARRELL, Defendant N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dauphin County Coroner, 1271 S. 28th Street, Harrisburg, PA 1711.1 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records regarding Mark E. Keller, Jr. (DOB 02/29/24), at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland Esq. ADDRESS 305 N. Front Street Harrisburg, PA 17101 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants DATE : Seal of the Court Prothonotary/Clerk, Civil Division Deputy THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street. 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff VS. MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendant N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bureau of Driver Licensing/ Driver Record.Services Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: complete certified driver record of Eileen (Nelly) Keller (DOB 12115125), Driver No. 07009436 in connection with completed Request for Driver Information Form DL503 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland Esq. ADDRESS 305 N. Front Street Harrisburg, PA 17101 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants DATE : Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, RENEE K. COONRADT of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Christopher J . Coyle, Esquire Henry & Beaver LLP 937 Willow Street P.O. Boa 1140 Lebanon, PA 17042-1140 Date: r? 674045.1 THOMAS, THOMAS & HAFER, LLP RENEE K. COO T ARALEGAL HENRY & BEAVER LLP CHARLES V. HENRY, III R. HART BEAVER FREDERICK S. WOLF THOMAS P. HARLAN WILEY P. PARKER" JOHN H. WHITMOYER CHRISTOPHER J. COYLE KEVIN M. RICHARDS MARC A. HESS AMY B. LEONARD STEPHANIE MAYS HARRIS " Certified in Civil Trial Advocacy By The National Board of Trial Advocacy ATTORNEYS AT LAW 937 WILLOW STREET P.O. BOX 1140 LEBANON, PA 17042-1140 www.henrybeaver.com March 16, 2009 Renee K. Coonradt, Paralegal THOMAS THOMAS & HAFER 305 N. Front Street, e Floor P.O. Box 999 Harrisburg, PA 17108-0999 Re: Keller v. Monroe Fire Company, et al C.P. Cumberland No.: 2008-7471 Dear Ms. Coonradt: TELEPHONE (717) 274-3644 FAX (717) 274-6782 WRITER'S E-MAIL Coyle@henrybeaver.com l have your letter of March 4, 2009 concerning subpoenas you wish to issue to various non-parties. We waive the 20-day. Very truly yours, STO ER /ejb CERTIFICATE OF SERVICE R?4 I, RENEE K. COONRADT, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Christopher J. Coyle, Esq. Henry & Beaver LLP 937 Willow Street POB 1140 Lebanon, PA 17042-1140 Counsel for Plaintiff THOMAS, THOMAS & HAFER, LLP Date: ? \r u \ ?'V? RENEE K. COONRADT, PARALEGAL C' ?=? .-a -^:? - ?:"? -ra ??:..? r ; ?„?) - {„; ? r ;' . E"? !, r? ?; .t. C..; THOMAS, THOMAS & HAFEP, LLP by: Brooks K Foland, Esquire I.D. No. 70102 305 North Front Street 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate Mark E. Keller, Jr., deceased, Plaintiff THE COURT OF COMMON PLEAS MBERLAND COUNTY, PENNSYLVANIA 08-7471 CIVIL TERM VS. MONROE FIRE COMPANY and M.FARRELL, .Y TRIAL DEMANDED CER IFICATE PREREQUISITE TO SERVICE OF SUBPOENAS 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 a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about April 23, 2009 to serve a subpoena upon the Pennsylvania State Police. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoena, is attached to this Certificate. 3. Thg twenty (20) day notice requirement to serve this subpoena has been waived, as evidenced by the attached correspondence. zl? t THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@,tthla,A,.com N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff Attorneys for Defendants Monroe Fire Company and William M. Farrell THE COURT OF COMMON PLEAS MBERLAND COUNTY, PENNSYLVANIA 0.08-7471 CIVIL TERM VS. MONROE FIRE COMPANY and M. FARRELL, Defendant Y TRIAL DEMANDED NOTICE OF.INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendant intends to serve a subpoena upon the Pennsylvania State Police. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena will be served. THOMAS, THOMAS & HAFER, LLP ?Wftq r?- r ? Brooks R. Foland, Esquire Attorney I.D. No. 70102 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7626 Date: ??? THOMAS, THOMAS & HAFER, LLP by Brooks R. Foland. Esquire I.D. No. 70102 305 North Front Street.. 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland(a tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff vs MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendant N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PA State Police, Commissioner Frank E. Pawlowski, 1800 Elmerton Ave., Harrisburg, PA'17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all documents, photographs, diagrams, videotapes, audio tapes and/or all other documentation, including investigations, regarding Incident No. H02-1629385 for an incident which occurred on January 1, 2007, at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland Esq. ADDRESS 305 N. Front Street Harrisburg PA 17101 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants DATE : Seal of the Court Prothonotary/Clerk, Civil Division Deputy J Y CERTIFICATE OF SERVICE I, RENEE K. COONRADT of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg. Pennsylvania addressed as follows: Christopher J . Coyle, Esquire Henry & Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon. PA 17042-1140 THOMAS, THOMAS & HAFER, LLP 114 - Date: RENEE O DT ARALEGAL 690076.1 s -7 . 0 HENRY & BEAVER LLP CHARLES V. HENRY, III R. HART BEAVER FREDERICK S. WOLF THOMAS P. HARLAN WILEY P. PARKER" JOHN H. WHITMOYER CHRISTOPHER J. COYLE KEVIN M. RICHARDS MARC A. HESS AMY B. LEONARD STEPHANIE MAYS HARRIS " Certified in Civil Trial Advocacy By The National Board of Trial Advocacy ATTORNEYS AT LAW 937 WILLOW STREET P.O. BOX 1140 LEBANON, PA 17042-1140 www.henrybeaver.com May 6., 2009 Brooks R. Foland, Esquire THOMAS THOMAS & HAFER 305 N. Front Street, 6 h Floor P.O. Box 999 Harrisburg, PA 17108-0999 Re: Keller v. Monroe Fire Company & Farrell C.P. Cumberland No.: 08-07471 Civil Term Dear Mr. Foland: TELEPHONE (717) 274-3644 FAX (717) 274-6782 WRITER'S E-MAIL coyle@henrybeaver.com I have your Notice of Intention to Subpoena the State Police. We do not object and waive the 20-day period. Please notify me of all documents you have received pursuant to the subpoena. Very t _ly yours, CHRISTOPH J. C ?E- /ejb CERTIFICATE OF SERVICE I, RENEE K. COONRADT, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Christopher J. Coyle, Esq. Henry & Beaver LLP 937 Willow Street POB 1140 Lebanon, PA 17042-1140 Counsel for Plaintiff' THOMAS, THOMAS & HAFER, LLP btk Date: RENEE K. COONRADT, PARALEGAL 2009 AY 12 it 11: 37 THOMAS, THOMAS & HAFER, LLP by: Brooks R Foland, Esquire I.D. No. 70102 305 North Front Street 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate Mark E. Keller, Jr., deceased, Plaintiff VS. MONROE FIRE COMPANY and M. FARRELL, Defendant THE COURT OF COMMON PLEAS IMBERLAND COUNTY, PENNSYLVANIA 0. 08-7471 CIVIL TERM Y TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS 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 a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about November 3, 2009 to serve a subpoena upon Spang Creek Manor. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoena, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve this subpoena has been waived as evidenced by the attached correspondence. 4. The subpoena which will be served is identical to the subpoena attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: November 24, 2009 By: uC BROOKS R. FOLAND, ESQUIRE Attorney I.D. No. 70102 COUNSEL FOR DEFENDANT 753439.1 THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff VS. MONROE FIRE COMPANY and VALLIAM M. FARRELL, Defendants Attorneys for Defendants Monroe Fire Company and William M. Farrell IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendants intend to serve a subpoena upon Spang Creek Manor. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena will be served. THOMAS, THOMAS & HAFER, LLP r land, Esquire Attorney I.D. No. 70102 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7626 Date: ?31 bc-` N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff vs MONROE FIRE COMPANY and WILLIAM M FARRELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Spang Creek Manor, 945 Duke Street, Lebanon, PA 17042 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: complete copy of the entire medical chart/file regarding Mark E. Keller, Jr. (DOB 02129124), including but not limited to office notes, doctors'records/reports/correspondence/notes/ memoranda, hospital records/reports, physical therapy records/reports, radiology reports and films (x-rays, MRIs, CT scans, etc.), prescriptions, telephone call messages, correspondence, psychological/psychiatric records, from his very first visit to the present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland Esq. ADDRESS: 305 N. Front Street Harrisburg. PA 17101 TELEPHONE: (717) 255-7626 ATTYID No: 70102 ATTORNEY FOR: Defendants DATE: Prothonotary/Clerk, Civil Division Deputy Seal of the Court CERTIFICATE OF SERVICE I, RENEE K. COONR.ADT of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Christopher J . Coyle, Esquire Henry & Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Date: ) k t -,3' n THOMAS, THOMAS & HAFER, LLP RENEE K. COO T, PARALEGAL 750309.1 HENRY & BEAVER LLP CHARLES V. HENRY, III R. HART BEAVER FREDERICK S. WOLF THOMAS P. HARLAN WILEY P. PARKER* JOHN H. WHITMOYER CHRISTOPHER J. COYLE KEVIN M. RICHARDS MARC A. HESS AMY B. LEONARD * Certified in Civil Trial Advocacy By The National Board of Trial Advocacy ATTORNEYS AT LAW 937 WILLOW STREET P.O. BOX 1140 LEBANON, PA 17042-1140 www.henrybeaver.com November 10, 2009 TELEPHONE (717) 274-3644 FAX (717) 274-6782 WRITER'S E-MAIL coyle@henrybeaver.com Renee K. Coonradt, Paralegal THOMAS THOMAS & HAFER 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Re: Keller v. Monroe Fire Company C.P. Cumberland No.: 2008-7471 Your File No.: 916-90057 Dear Ms. Coonradt: As you can see from the enclosure, we waive the 20-day period on your subpoena to Span2 Crest Manor. /ejb encl. Christopher Coyle, Esquire 2 I, Christopher J. Coyle, Esq., counsel for Plaintiff do hereby agree to waive the 20 Day Notice of Intent rule allowing counsel for Defendants to issue a subpoena to Spang Manor. DATE: v }, Christopher J. Coyle, q. Smart. Resourceful. CERTIFICATE OF SERVICE I, RENEE K. COONRADT, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Christopher J. Coyle, Esq. Henry & Beaver LLP 937 Willow Street POB 1140 Lebanon, PA 17042-1140 Counsel for Plaintiff THOMAS, THOMAS & HAFER, LLP Date:p RENEE K. COONRADT, PARALEGAL 2009 Noy 24 F rs l 1. 10 j 1 a t k? e Ys, F(LE~-~~'F~C~ tai T~iE POT~aGP~~7A,~'i' 2(l!~ GAT ~ ! P~~ 2~ 3~ ~U~L~L~'~~~D COUfi~T'{ THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street 6th Floor POB 999 Harrisburg, PA 17108-0999 (717)255-7626 (717) 237-7105 fax bfoland@tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate Mark E. Keller, Jr., deceased, Plaintiff vs. MONROE FIRE COMPANY and M. FARRELL, Defendant THE COURT OF COMMON PLEAS 'MBERLAND COUNTY, PENNSYLVANIA O. 08-7471 CIVIL TERM Y TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE'OF SUBPOENAS 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 a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party on or about October 12, 2010 to serve a subpoena upon Hershey Medical Center for various progress notes. 2. A true and correct file copy of the Notice of Intent, including a copy of the proposed subpoena, is attached to this Certificate. 3. The twenty (20) day notice requirement to serve this subpoena has been waived as evidenced by the attached correspondence. 4. The subpoena which will be served is identical to the subpoena attached to the Notice of Intent. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: October 20, 2010 By: ~I~~"~ 1~~.~' llJ `~~.~ C~ BROOKS R. FOLAND, ESQUIRE Attorney I.D. No. 70102 COUNSEL FOR DEFENDANT 866361.1 vs. THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6~ Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 faa bfoland@tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN IiELLER, Executrix of the Estate of IN THE COURT OF COMMON PLEAS Mark E. Keller, Jr., deceased, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-7471 CIVIL TERM MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendants JURY TRIAL DEMANDED .NOTICE OF INTENT TO °SERVE A :SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendants intend to serve a subpoena upon Hershey Medical Centex. You have twentlT (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena will be served. THOMAS, THOMAS & HAFER, LLP Brooks R. Foland, Esquire Attorney I.D. No. 70102 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7626 °==1G IZ40 THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6`h Floor POB 999 Harrisburg, PA 17108-0999 (7]7)255-7626 (717) 237-7105 fax bfoland(c~tthlaw.com Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, 7r., deceased, Plaintiff vs. MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendant N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7471 CIVIL TERM URY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center, 500 University Drive, Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all physician and nursing progress notes from the 1/1/07 to 1/27/07 inpatient admission of Mark E. Keller, 3r. (DOB 02/29/24) at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Brooks R. Foland Esq. ADDRESS 305 N. Front Street Harrisburg, PA 17101 TELEPHONE: (717) 255-7626 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants DATE Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, RENEE K. COONRADT of the law firm of THOMAS, THOMAS, & IiAFER, LLP do certify that I seraed the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Christopher J .Coyle, Esquire Henry & Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Date: !v/`v/~ THOMAS, THOMAS & HAFER, LLP RENEE K. COONRADT, PARALEGAL 8G4G45.1 HENRY & BEAVER LLP CHARLES V. HENRY, III R, HART BEAVER FREDERICK S. WOLF THOMAS P. HARLAN WILEY P. PARKER" JOHN H. WHITMOYER CHRIS'T'OPHER J. COYLE KEVIN M. RICHARDS MARC A. HESS AMY B. LEONARD ROBERTA J. GANTEA • Certified in Civil Trial Advocacy By The National Board of Trial Advocacy Renee K. Coonradt, Paralegal THOMAS THOMAS & HAFER 305 North Front Street, 6t1i Floor P.O. Box 999 Harrisburg, PA 17108-0999 ATTORNEYS AT LAW 937 WILLOW STREET P.O. BOX u4o LEBANON, PA 17o4z-114o www.henrybeaver,com October 14, 2010 Re: Keller v. Monroe Fire Company C.P. Cumberland No.: 2008-7471 Your File No.: 916-90057 Dear Ms. Coonradt: TELEPHONE (717) 274-3644 FAX (717)274-6782 WRIT'ER'S E-MAIL Coyle @ henrybeaver.com I am enclosing my waiver of the 20 day period on your.. Subpoena to ~-Iershey Medical Center for Mr. Keller's records, all of which I provided to you a long time ago. Please remind Brooks that I have had a demand on the table for many, many months. Very truly yours, STOP R J. OYL,E /lif encl. Christopher Coyle, Esquire 2 I, Chr7stopher J. Coyle, Esq., counsel for Plaintiff do hereby agree to waive the 20 Day Notice of Intent rule allowing counsel for Defendants to issue a subpoena to Hershey Medical Center. DATE: C stop er J. Co ,Esq. Smart. Resourceful. •, r~ THOMAS, THOMAS & HAFER~.P Attorneys At Law OCT 13 2p~p Street Address: 305 North Front Street, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 Kenee K Coonradt, Paralegal (717) 441-7063 rcoonradt@tthlaw. com October 12, 2010 Christopher J. Coyle, Esq. Henry & Beaver LLP 937 Willow Street POB 1140 Lebanon, PA 17042-1140 Re: Keller v. Monroe Fire Company No. 2008 7471 TTH File No. 916-90057 Dear Attorney Coyle: This office wishes to subpoena progress notes from Hershey Medical Center. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 4099.22 the issuance of a Notice of Intent to Serve Subpoenas may be waived if all parties agree. It would be most appreciated if you would sign the bottom of this letter, date it and return it to me indicating your agreement to waive the twenty dap notice. I will gladly provide you with copies of all documents received. I have enclosed a Notice of Intent for your file. If you have any questions, please do not hesitate to contact this office. Thank you for pour attention to this matter. g forBrook,.rl~. Foland, E.rquir~ RKC:8G4G44.1 - - Enclosure Very truly yours, Tho homas & Hafer, LLP R ee K. C nradt Parale al Baltimore Bethlehem Harrisburg Philadelphia Pittsburgh Wilkes-Barre www.tthlaw.com CERTIFICATE OF SERVICE I, RENEE K. COONRADT, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Christopher J. Coyle, Esq. Henry & Beaver LLP 937 Willow Street POB 1140 Lebanon, PA 17042-1140 Counsel for Plaintiff THOMAS, THOMAS & HAFER, LLP Date: V ~~ RENEE K. COONRADT, PARALEGAL I N /r PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: M for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) N. EILEEN KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased n C} -n == = - urn C? ao a O?rt ri c o °.?rn (check one) FX? Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) VS. MONROE FIRE COMPANY and WILLIAM M. FARRELL VS. The trial list will be called on June 21, 2011 and Trials commence on July 18, 2011 Pretrials will be held on July 6, 2011 (Briefs are due S days before pretrials (Defendant) No. 7471 2008 Term Indicate the attorney who will try case for the party who files this praecipe: Brooks R. Foland, Esq., Thomas, Thomas & Hafer, POB 999, Harrisburg, PA 17108 717-255-7626 Indicate trial counsel for other parties if known: J. This case is ready for trial. Date: 3- g " 1, & Beaver, LLP, POB 1140 10G/ -0;- `e) Nr / 1W P-111 Signed: Print Name: Brooks R. Foland Attorney for: Defendants PA 17042-1 CERTIFICATE OF SERVICE AND NOW, this day of , 201 J , I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Christopher J. Coyle, Esq. Henry & Beaver LLP 937 Willow Street POB 1140 Lebanon, PA 17042-1140 Coleen M. Polek C" 'k THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717) 237-7105 fax bfoland@tthlaw.com :iLa "O,FiI TAE PP, 0 T 2011 juH 16 Pik 12. VV{ BERLAYi Ll VIIUtre{ 'r PEHNSYLVI"II]rf. Attorneys for Defendants Monroe Fire Company and William M. Farrell N. EILEEN KELLER, Executrix of the Estate o IN THE COURT OF COMMON PLEAS Mark E. Keller, Jr., deceased, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-7471 CIVIL TERM VS. MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendants JURY TRIAL DEMANDED PRAECIPE TO REMOVE FROM TRIAL LIST Please remove this matter from the trial list. All parties are in agreement that this matter should not be included on the July 2011 trial list. Respectfully submitted, THOMAS, THOMAS & HAF , l) -- Date: 4 t 7ltto7nD. No. 70102 Cry J. Adamson, Esquire Attorney I.D. No. 204508 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7626 CERTIFICATE OF SERVICE I, Corey J. Adamson of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Christopher J . Coyle, Esquire Henry & Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 THOMAS THOMAS & HAFER, LLP Date: C/I5'?1 956843.1 /J? N. EILEEN KELLER, EXECUTRIX OF THE ESTATE OF MARK E. KELLER, JR., DECEASED, PLAINTIFF V. MONROE FIRE COMPANY AND WILLIAM M. FARRELL, DEFENDANTS AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN.NSYLVAcNIA U a Mrlcu .rn '1... V © ...r1 r-"7 ?y 08-7471 CIVIL TERM ; ?- ORDER OF COURT day of June, 2011, upon consideration of defendants' motion to include plaintiff N. Eileen Keller on the verdict slip, the court defers consideration to the trial judge. Because, in part, the affirmative defense of contributory negligence need not be pleaded (see Pa.R.C.P. 1030(b)), the motion is premature. Defense counsel is directed to note this issue in his pretrial memorandum. By the Court, /Christopher J. Coyle, Esquire For Plaintiff ? Brooks R. Foland, Esquire For Defendants Court Administrator -in fle Albert H. Maslan , J. Mac, 0"Pies ap(?t ?? Q1h saa 0 i d FI,O1IHONOTAp i f .x,11- 2 0 AIM f l? CUMBERLAND COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Christopher J. Coyle Identification No. 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff N. EILENE KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff v. MONROE FIRE COMPANY, and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 08-7471 Civil Term JURY TRIAL DEMANDED WILLIAM M. FARRELL, Defendants PLAINTIFF'S REPLY TO DEFENDANTS' MOTION TO INCLUDE PLAINTIFF N. EILEEN (sic) KELLER ON THE VERDICT SLIP AND PROVIDE FOR APPORTION NEGLIGENCE (sic) TO HER, OR, IN THE ALTERNATIVE, MOTION FOR LEAVE TO JOIN PLAINTIFF AS ADDITIONAL DEFENDANT Plaintiff N. Eilene Keller, Executrix of the Estate of Mark E. Keller, Jr, deceased, and not in her individual capacity as a potential defendant, answers the above- described Motion as follows: 1.-5. Admitted 6. Denied as follows: (a) Defendants' have alleged at Paragraph 28 of their New Matter that "[a]ny and all damages or losses sustained by Plaintiff, if any, may have been caused by contributory and/or comparative negligence of Plaintiff." (emphasis suppled). Nowhere in their New Matter have Defendants asserted that the collision giving rise to this action was caused by any other known or unknown persons or entities (b) Plaintiff in this action is a decedent's estate. Defendants have never alleged that N. Eilene Keller, personally, a separate and distinct entity from her late husband's estate, was negligent. (c) Since the Estate of Mark E. Keller, Jr., Deceased, the actual plaintiff in this case, did not exist at the time of the collision described in the case, it cannot have been contributorily or comparatively negligent. (d) N. Eilene Keller has been a stranger to this action since it's inception. 7. Admitted in part, denied in part. Mr. Schorr's report speaks for itself. Further, though they had every opportunity to do so, Defendant's did not retain Mr. Schorr until over three (3) years after the collision and until over one (1) year after this action was commenced. 8. Denied as a conclusion of law and for the reasons set forth above. 9. Denied. This paragraph sets forth a conclusion of law to which no response is required. 2 10. Denied. Plaintiff and N. Eilene Keller, individually, are not one and the same, as set forth above. If N. Eilene Keller, individually, is "placed on the verdict slip", Plaintiff will have the right to depose her. If she has joined as an additional defendant, she will have the right, through her insurance carrier, to engage in discovery. Either way, trial will be delayed for many months, which will prejudice Plaintiff. 11. Denied. Plaintiff's answer to Paragraph 10, above, is incorporated herein by reference as though set forth in full. 12. Denied. Plaintiff, and probably N. Eilene Keller, individually will both be prejudiced for the reasons set forth above. 13. Denied. N. Eilene Keller will have the right to conduct discovery as though the action were just commenced. Plaintiffs answer to Paragraph10, above, is incorporated herein by reference as though set forth in full. 14. Denied. Plaintiff's answer to Paragraph 6, above, is incorporated herein by reference as though set forth in full. 15. Admitted. Plaintiff does not concur. WHEREFORE, Plaintiff Estate of Mark E. Keller, Jr., deceased, asks the Court to dismiss the Motion NEW MATTER 16. The averments of Paragraphs 1 through 15 are incorporated herein by reference as though set forth in full. 17. This action was commenced by Writ of Summons issued on December 24, 2008 and served on both defendants on January 3, 2009. 3 18. The Complaint was filed on February 25, 2009, and Defendants filed their Answer and New Matter on March 17, 2009. 19. The pleadings have been closed since March 20, 2009, when Plaintiff replied to Defendants' New Matter.. 20. Defendants' instant Motion was filed on June 6, 2011. 21. Any attempt to join N. Eilene Keller, personally, as an additional defendant is barred by the applicable statute of limitations. 22. The motion is untimely and will delay trial to the prejudice of Plaintiff. 23. The motion is an improper and untimely attempt to make this case subject to the recently enacted so-called Fair Share Act of 2011, 2011 Pa. S. B. 1131. 24. Defendants are attempting to place N. Eilene Keller on the verdict slip or join her as an additional defendant for the sole purpose of pressuring her automobile liability carrier to contribute to a settlement. WHEREFORE, Plaintiff Estate of Mark E. Keller, Jr., deceased, asks the Court to dismiss the Motion HENRY & BEAVER LLP Y: CHRIS OP R J. C LE I. D. # 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff 4 CERTIFICATE OF SERVICE I, Christopher J. Coyle, of the firm of Henry & Beaver LLP, do hereby certify that I served a certified true and correct copy of the within Plaintiff's Reply to Defendants' New Matter upon the following person(s) on July (f , 2011 in the manner specified below: Name Manner of Service Brooks R. Foland, Esquire THOMAS THOMAS & HAFER 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants Date: July', 2011 U.S. First Class Mail RIST PH J. C YLE r E FOR LISTING CASE FORT 1 ?' dal G l ?J ?' 2• l?ECr (Must be typewritten and submitted in triplicao) -1@1t.R S 1 t , TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. -- ------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ?X Civil Action -Law N. EILEEN KELLER, Executrix of the Estate of ? Appeal from arbitration Mark E. Keller, Jr., deceased ? (other) (Plaintiff) VS. MONROE FIRE COMPANY and WILLIAM M. FARRELL VS. (Defendant) The trial list will be called on Nov. 8,.2011 and Trials commence on Dec. 5z 2011 Pretrials will be held on Nov. 23, 2011. (Briefs are due 5 days before pretrials No. 7471 2008 Term Indicate the attorney who will try case for the party who files this praecipe: Brooks R. Foland, Esq., Thomas, Thomas & Hafer, POB 999, Harrisburg, PA 17108 717-255-7626 Indicate trial counsel for other parties if known: J. Coyle, Esq., Henry & Beaver, LLP, POB 1140, Lebanon, PA 17042- This case is ready for trial. Signed: Y Print Name: Brooks R. Foland Date: August 11, 2011 Attorney for: Defendants a1M+ a l CLk I?aarb k?toSR7S CERTIFICATE OF SERVICE S-1- AND NOW, this day of , 201 /, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Christopher J. Coyle, Esq. Henry & Beaver LLP 937 Willow Street POB 1140 Lebanon, PA 17042-1140 C Coleen M. Polek CA N. EILEEN KELLER, EXECUTRIX OF THE ESTATE OF MARK E. KELLER, JR., DECEASED, Plaintiff v MONROE FIRE COMPANY AND WILLIAM M. FARRELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-7471 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT c o -.c r+j CO 7-0 N N rte- ca s?. r X C) .7t> C AND NOW, this 8th day of November, 2011, upon ?rn Q o? consideration of the call of the civil trial list, and pursuant to an agreement of counsel in the case in the persons of Christopher J. Coyle, Esquire, on behalf of the Plaintiff and Brooks R. Foland, Esquire, on behalf of the Defendants, this case is stricken from the trial list, and counsel are directed to relist the case for trial at such time as they deem appropriate. J Christopher J. Coyle, Esquire 937 Willow Street Lebanon, PA 17046 For Plaintiff Brooks R. Foland, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 For Defendants Court Administrator -in Pe Oopies , as Ig8 mae By the Court, /r- PRAECIPE FOR LISTING CASE FOR TRIAL '' f ;r 4 . y (Must be typewritten and submitted in triplica 57A.1l 1 '??t E) i v I TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: 93 for JURY trial at the next term of civil court. ? for trial without a jury. ------------------- ---- ------.. -.---- ------ CAPTION OF CASE (entire caption must be stated in full) (check one) 12 Civil Action -- Law N. Eilene Keller, Admininstratrix of the ? Appeal from arbitration Estate of Mark E. Keller, Jr. ? (other) -----?? (Plaintiff) vs. The trial list will be called on June 26, 2012 Monroe Faire Co. and and Trials commence on July 23 , 2012 William. M. Farrell- (Defendant) Pretrials will be held on July 11 , 2012 vs. (Briefs are due S days before pretrials No. 08-07471 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Christopher J. Coyle 717 274-3644 Indicate trial counsel for other parties if known: This case is ready for trial. r Date: Si Print Name: -Christopher J.__CUle, 30686 Attorney for: Plaintiff auk %09. -?S nd a'1 ?Z?a?y?sl N. EILEEN KELLER, Executrix of the Estate o IN THE COURT OF COMMON PLEAS Mark E. Keller, Jr., deceased, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-7471 CIVIL TERM VS. MONROE FIRE COMPANY and WILLIAM M. FARRELL, Defendants JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this ";7 4( v day of ' 2012 upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within 30 days of this date; (3) the motion shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within days of this date; (5) argument shall be held on , 2012 at II:QO am/pm, in Courtroom of the Cumberland County Co ous and (6) notice of the entry of this order shall be provided to all parties by the petitioner. BY THE -COURT: J. °? Gnri S?oFI? ?l ? CDy ?r , &010 e. `? ?orP?J ? AddmsoH. Ls?. wbs-llA rn? -v r'''r= CA C:)-?e v o'" ac3 =c) o, ci Z ? ?o HENRY & BEAVER LLP By: Christopher J. Coyle Identification No. 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff N. EILENE KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff V. MONROE FIRE COMPANY, and WILLIAM M. FARRELL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08-7471 Civil Term : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' RENEWED MOTION TO INCLUDE PLAINTIFF N. EILEEN (sic) KELLER ON THE VERDICT SLIP AND PROVIDE FOR APPORTION NEGLIGENCE (sic) TO HER, OR, IN THE ALTERNATIVE, MOTION FOR LEAVE TO JOIN PLAINTIFF AS ADDITIONAL DEFENDANT Plaintiff N. Eilene Keller, Executrix of the Estate of Mark E. Keller, Jr, deceased, and not in her individual capacity as a potential defendant, answers the above- described Motion as follows: 1.-5. Admitted 6. Denied as follows: (a) Defendants' have alleged at Paragraph 28 of their New Matter that "[a]ny and all damages or losses sustained by Plaintiff, if any, may have been caused by contributory and/or comparative negligence of Plaintiff." (emphasis supplied). Nowhere in their New Matter have Defendants asserted that the collision giving rise to this action was caused by any other known or unknown persons or entities (b) Plaintiff in this action is a decedent's estate. Defendants have never alleged that N. Eilene Keller, personally, a separate and distinct entity from her late husband's estate, was negligent. (c) Since the Estate of Mark E. Keller, Jr., Deceased, the actual plaintiff in this case, did not exist at the time of the collision described in the case, it cannot have been contributory or comparatively negligent. (d) N. Eilene Keller has been a stranger to this action since its inception. 7. Admitted in part, denied in part. Mr. Schorr's report speaks for itself. Further, though they had every opportunity to do so, Defendant's did not retain Mr. Schorr until over three (3) years after the collision and until over one (1) year after this action was commenced. 8. Denied as a conclusion of law and for the reasons set forth above. Further, Plaintiff's answers to Paragraphs 7 and 7, above, are incorporated herein by reference as though set forth in full. 9. Denied. This paragraph sets forth a conclusion of law to which no response is required. 10. Denied. Plaintiff and N. Eilene Keller, individually, are not one and the same, as set forth above. If N. Eilene Keller, individually, is "placed on the verdict slip", Plaintiff will have the right to depose her. If she has joined as an additional defendant, 2 she will have the right, through her insurance carrier, to engage in discovery. Either way, trial will be delayed for many months, which will prejudice Plaintiff. 11. Denied. Plaintiff's answer to Paragraph 10, above, is incorporated herein by reference as though set forth in full. 12. Denied. Plaintiff, and probably N. Eilene Keller, individually will both be prejudiced for the reasons set forth above. Additionally, joinder is time-barred by applicable law and rule of court. 13. Denied. N. Eilene Keller and her insurance carrier will have the right to conduct discovery as though the action were just commenced. Plaintiffs answer to Paragraph 10, above, is incorporated herein by reference as though set forth in full. 14. Denied. Plaintiffs answer to Paragraph 6, above, is incorporated herein by reference as though set forth in full. 15.Admitted. Plaintiff does not concur. 16. Admitted. 17. Admitted. 18. Admitted. 19. Denied. This case is listed for trial on July 23, 2012. 20. Admitted. Plaintiff seeks a ruling as far in advance of trial as possible. WHEREFORE, Plaintiff Estate of Mark E. Keller, Jr., deceased, asks the Court to dismiss the Motion. 3 NEW MATTER 21. The averments of Paragraphs 1 through 20 are incorporated herein by reference as though set forth in full. 22. This action was commenced by Writ of Summons issued on December 24, 2008 and served on both defendants on January 3, 2009. 23. The Complaint was filed on February 25, 2009, and Defendants filed their Answer and New Matter on March 17, 2009. 24. The pleadings have been closed since March 20, 2009, when Plaintiff replied to Defendants' New Matter. 25. Defendants' instant Motion was filed on June 6, 2011. 26. Any attempt to join N. Eilene Keller, personally, as an additional defendant is barred by the applicable statute of limitations. 27. The motion is untimely and will delay trial to the prejudice of Plaintiff. 28. The motion is an improper and untimely attempt to make this case subject to the recently enacted so-called Fair Share Act of 2011, 2011 Pa. S.B. 1131. 29. Defendants are attempting to place N. Eilene Keller on the verdict slip or join her as an additional defendant for the sole purpose of pressuring her automobile liability carrier to contribute to a settlement. 4 WHEREFORE, Plaintiff Estate of Mark E. Keller, Jr., deceased, asks the Court to dismiss the Motion HENRY & BEAVER LLP B ?;RKISTO?"ER J. C LE I. D. # 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff 5 CERTIFICATE OF SERVICE I, Christopher J. Coyle, of the firm of Henry & Beaver LLP, do hereby certify that I served a certified true and correct copy of the within Plaintiffs Reply to Defendants' Renewed Motion to Include Plaintiff N. Eileen (Sic) Keller on the Verdict Slip and Provide for Apportion Negligence (Sic) to Her, or, in the Alternative, Motion for Leave to Join Plaintiff as Additional Defendant upon the following person(s) on May 11, 2012 in the manner specified below: Name Brooks R. Foland, Esquire THOMAS THOMAS & HAFER 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants Date: May 11, 2012 Manner of Service U.S. First Class Mail (STOP R J. COYL _0FFiCL ?"OTHONOTA 1'` 10 24017 J UL -S PI41 1= 1 UMBERLAND COUNTY °"-P14SYLVA'NIA HENRY & BEAVER LLP By: Christopher J. Coyle Identification No. 30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff N. EILENE KELLER, Executrix of the Estate of Mark E. Keller, Jr., deceased, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08-7471 Civil Term MONROE FIRE COMPANY, and JURY TRIAL DEMANDED WILLIAM M. FARRELL, Defendants PLAINTIFF'S ANSWER TO DEFENDANTS' MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF TODD CIRELLI AND FRANK BATOHA RELATING TO THE SPEED OF DEFENDANTS' VEHICLE Plaintiff, through her undersigned counsel, answers the above Motion in Limine as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied, for the reasons set forth herein. Todd Cirelli's Testimony 10. The averments of Paragraphs 1 through 9 are incorporated herein as though set forth at length. 11. Denied. Cirelli estimated Defendant Farrell's speed at "...definitely over the 35 mile an hour limit..." and "[h]e was traveling over 35 miles an hour..." Cirelli deposition, page 21. 12. Denied. See Plaintiffs Answer to paragraph 11. 13. Admitted. 14. Admitted. 15. Denied. Cirelli's testimony as to Defendants' speed is admissible under applicable Pennsylvania law. Todd Cirelli and Frank Batoha's Testimony 16. The averments of Paragraphs 1 through 15 are incorporated herein as though set forth at length. 17. Admitted. 18. Denied. Cirelli testified only that they had been passed by Plaintiff's vehicle at the moment of impact. 2 19. Denied. Cirelli, in response to defense counsel's questioning, stated "again in a very short amount of time we heard the sirens, I don't recall if it was before or after we heard the siren, but we were passed by [the Keller vehicle], and they were traveling at what I would consider a slow speed as evidenced by my and Mr. Batoha's keeping up with them on bicycles, and at which point the fire police car became visible on Creek coming in the opposite direction..." (Cirelli 21:21). Mr. Cirelli never testified to the length of time that passed after he saw Defendants' oncoming vehicle, nor did he ever use the word "briefly" or the phrase "immediately prior to the collision". 20. Denied. Again, Cirelli testified as set forth in the foregoing paragraphs, and never used the vague phrase "an appreciable amount of time". 21. Denied. To the contrary Batoha testified only that he was behind Mr. Cirelli. 22. Denied. Mr. Batoha did not testify in such a manner. (Batoha 15:8-10) 23. Admitted. This is a numerical estimate of speed. 24. Admitted in part, denied in part. This record does not establish that Cirelli or Batoha only had a "fleeting glance" of the vehicle in question, nor does it establish that they did not have an adequate opportunity to observe Defendants' vehicle before impact. 25. Plaintiff's Answer to paragraph 24 is incorporated herein by reference as through set forth in full. 26. Plaintiff's Answer to paragraph 24 is incorporated herein by reference as through set forth in full. 27. Denied. Given the vagueness of the record, the Court should at the very least defer a ruling on this Motion until Cirelli and Batoha have testified. 3 WHEREFORE, Plaintiff respectfully asks the Court to deny the Motion in Limine. HENRY & BEAVER LL.P i Y _ CHRIST PHER J. CO E I . D. #30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff 4 VERIFICATION I verify that the statements made in this Plaintiff's Answer to Defendants' Motion in Limine to Exclude the Testimony of Todd Cirelli and Frank Batoha Relating to the Speed of Defendants' Vehicle are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. HENRY & BEAVER LL.P ISTOP R J. COYLE I. D. #30686 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Christopher J. Coyle, of the firm of Henry and Beaver, LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Plaintiff's Answer to Defendants' Motion in Limine to Exclude the Testimony of Todd Cirelli and Frank Batoha Relating to the Speed of Defendants' Vehicle by regular United States mail, postage prepaid, on July , 2012, to the following: Brooks R. Foland, Esquire THOMAS THOMAS & HAFER 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants u HRISTOP7H J. COYL N. EILENE KELLER, EXECUTRIX OF THE ESTATE OF MARK E. KELLER, JR., DECEASED, PLAINTIFF V. MONROE FIRE COMPANY AND WILLIAM M. FARRELL, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-7471 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2012, upon consideration of Defendants' motion to include on the verdict slip Plaintiff N. Eilene Keller, Executrix of the Estate of Mark E. Keller, Jr., Deceased, in her individual capacity, and after argument thereon, the motion is DENIED. Further, Defendants' motion in the alternative for leave to join N. Eilene Keller as an additional defendant is DENIED as time-barred. By the Court, Albert H. Masland, J. Christopher J. Coyle, Esquire r 937 Willow Street P ' r,14= C- P.O. Box 1140 Lebanon, PA 17042-1140~ For Plaintiff rte---:Z v. Brooks R. Foland, Esquires ,? 305 N. Front Street, 6t Floor P.O. Box 999 Harrisburg, PA 17108-0999 For Defendants saa led