The URL can be used to link to this page

Home My WebLink About09-0954 lk IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM HARKNESS 12800 South 43`d Avenue #9 Laveen, AZ 85339 Plaintiff :NO: Civil TerfA VS GARY LEONARD 18557 Bennetts Valley Hwy. Weedville, PA 15868 AND EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, INC 1300 Brussells Street St. Marys, PA 15857 Defendant JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS TO THE PROTHONOTARY OF SAID COURT: Issue Summons in Trespass in the above case. _X Writ of Summons shall be issued and forwarded to the Sheriff. Writ of Summons shall be issued and forwarded to the Attorney. 507 _Q V Evan J. Klin , squire I.D. No. 70283 Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 (717) 848-3838 Date: February 12, 2009 I SUMMONS IN CIVIL ACTION To: Gary Leonard and Eagle Express Trucking a/k/a Eagle Express Trucking, Inc. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: a?/7?Og Pr onotary/C ivi ivision By: Deputy NI O O -? ? D s v r.a u? i - t ?^ 6 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00954 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARKNESS WILLIAM VS LEONARD GARY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT LEONARD GARY but was unable to locate Him deputized the sheriff of ELK to wit: in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On February 26th , 2009 , this office was in receipt of the attached return from ELK Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Elk County 53.10 Sheriff of Cumberland County Postage .42 90.52 03/13/2009 KATHERMAN BRIGGS & GREENBERG Sworn and subscribe to before me this day of A. D. ? QC -J J `.'tom"' Mrs Ewa :D SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00954 P COMMONWEALTH OF PENNSYLVANIA: ' COUNTY OF CUMBERLAND HARKNESS WILLIAM VS LEONARD GARY ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: EAGLE EXPESS TRUCKING A/K/A EAGLE EXPRESS TRUCKING, INC. but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ELK County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 26th , 2009 , this office was in receipt of the attached return from ELK Sheriff's Costs: So answers* Docketing 6.00-%' Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 03/13/2009 KATHERMAN BRIGGS & GREENBERG Sworn and subscribe to before me this day of , A. D. -rc s C=P .. q N AFFIDAVIT OF SERVICE William Harkness vs. Gary Leonard and Eagle Express Trucking a/k/a Eagle Express Trucking, Inc. STATE OF PENNSYLVANIA COUNTY OF ELK IN THE COURT OF COMMON PLEAS ELK COUNTY No. 09-954 Earl Pontious, Deputy Sheriff, being duly sworn according to law, deposes and says, that he served Eagle Express Trucking a/k/a Eagle Express Trucking, Inc., 1300 Brusselles St., St. Marys, Elk County, PA, by handing to Jacqueline C. Pearsall, Treasurer for Eagle Express Trucking a/k/a Eagle Express Trucking Inc a copy of the original Writ of Summons, and made known to her the contents thereof on February 26, 2009 at 10:07 A.M. Earl Pontious, Deputy Sheriff, being duly sworn according to law, deposes and says, that he served Gary Leonard of 204 Teaberry St., Weedville, Elk County, PA by handing him a copy of the original Writ of Summons at his place of employment, Dana Trucking, Rt. 219 Brandy Camp, Elk County, PA which is an affiliate of Eagle Express Trucking, a/k/a Eagle Express Trucking, Inc., and made known to him the contents thereof on February 26, 2009 at. 10:44 A.M. Elk County Sheriff's Costs - $53.10 PAID Sworn to and subscribed before me this 9A day of *f? ' A.D. 2009 r ???Proolhonno?,tary MY commblion AM"W *i2 So Answers: C } Sh ff ( C ?j&t,,au,6 Deputy WILLIAM J. FERREN & ASSOCIATES Andrew J. Keenan, Esquire Atty ID # 61990 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1710 TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO A WRITTEN RESPONSE TO THE CLOSED NEW MATTER and WITIHN NTY (20) DAYS ` N FROM SERVICE O GMENT MAY ( ) ~..~ L / BE EN'IEREDA ST ~ --- . 7j • ~~ ~ ~ Andrew J. KeenaM Esgi ' e -,-. ~~ Attorney for Defendant ~~ ~ •.r' - (j"1 (' ,- P1 -! fj~ -~; Attorney for Defendants ';: , .: ~ a ` ~ z; _. -_t .. : =J - r-.~ ": . ..~ WILLIAM HARKNESS Plaintiff, v. GARY LEONARD and EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, INC. Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-954 DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and therefore they are deemed denied. Strict proof of same is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part; denied in part. It is admitted that plaintiff was traveling northbound in the left lane of Route 83 in Cumberland County, PA. The remaining allegations of paragraph 6 of Plaintiff's Complaint are denied ,since after reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained herein. Strict proof of same is demanded. 7. Admitted in part; denied in part. It is admitted that the vehicle operated by defendant Gary Leonard struck the vehicle operated by plaintiff. The remaining allegations of paragraph 7 of Plaintiff's Complaint are denied ,since after reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained herein. Strict proof of same is demanded. 8. Denied. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and therefore they are deemed denied. Strict proof of same is demanded. 9. Denied. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and therefore they are deemed denied. Strict proof of same is demanded. 10. Denied. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and therefore they are deemed denied. Strict proof of same is demanded. COUNTI WILLIAM HARKNESS v. GARY LEONARD 11. Denied generally in accordance with Pa.R.C.P. 1029. 12. Denied. It is denied that defendants were careless, reckless or negligent in any manner. On the contrary, and at all times material hereto, Answering Defendants acted reasonably, prudently and properly and in no way caused or contributed to the incident set forth in Plaintiff's Complaint. The remaining allegations of paragraph 12 of Plaintiff s Complaint are denied, since after reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained herein. Strict proof of same is demanded. Further, the allegations contained in paragraph 12 of Plaintiff's Complaint contain conclusions of law to which no responsive pleading is required. WHEREFORE, Answering Defendants, demand judgment in their favor and against Plaintiff together with the cost of defense of this action. COUNT II WILLIAM HARKNESS v. EAGLE EXPRESS TRUCHING a/k/a EAGLE EXPRESS TRUCHING, INC. 13. Answering Defendants incorporate by reference their answers to paragraphs 1 through 12 of Plaintiffs Complaint as if specifically set forth at length. 14. Denied. It is denied that Defendant Eagle Express Trucking a/ka Eagle Express Trucking, Inc. was negligent in any manner. On the contrary, and at all times material hereto, Answering Defendants acted reasonably, prudently and properly and in no way caused or contributed to the incident set forth in Plaintiff's Complaint. It is further denied that defendant Eagle Express Trucking, Inc. negligently entrusted the subject vehicle to defendant Gary Leonard and further denied that defendant Gary Leonard was an individual without the capacity to safely operate the motor vehicle. Further, the allegations contained in paragraph 14 of Plaintiff's Complaint contain conclusions of law to which no responsive pleading is required. 15. Denied. Answering defendants deny that they were negligent in any manner. On the contrary, and at all times material hereto, Answering Defendants acted reasonably, prudently and properly and in no way caused or contributed to the incident set forth in Plaintiff s Complaint. Further, the allegations contained in paragraph 15 of Plaintiff's Complaint contain conclusions of law to which no responsive pleading is required. 16. Denied. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and therefore they are deemed denied. Strict proof of same is demanded. WHEREFORE, Answering Defendants, demand judgment in their favor and against Plaintiff together with the cost of defense of this action. COUNT III WILLIAM HARKNESS v. EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, INC. 17. Answering Defendants incorporate by reference their answers to paragraphs 1 through 16 of Plaintiff s Complaint as if specifically set forth at length. 18. Admitted. 19. Admitted. WHEREFORE, Answering Defendants, demand judgment in their favor and against Plaintiff together with the cost of defense of this action. NEW MATTER 20. Pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701 et se ., as amended, Plaintiff is precluded from pleading, introducing into evidence, proving or recovering the amount of benefits paid or payable under said Act up to and including the limit of required benefits under said Act. Answering Defendant hereby asserts all the defenses, limitations and immunities available to her under said Act. 21. Plaintiffs' claims are barred or limited by the provisions of the Pa. Comparative Negligence Act, 42 Pa. C.S.A. §7102. 4 22. Plaintiffs' claims are barred in whole or in part by their own voluntary assumption of the risk. 23. Plaintiffs' claims are barred by their failure to mitigate damages. 24. At all material times, plaintiff was a named insured or insured under a policy of automobile insurance which provided "limited tort" benefits. 25. Plaintiff did not sustain a serious injury within the meaning of 75 Pa.C.S.A.§ 1702 which is incorporated herein by reference. 26. Plaintiff did not sustain a serious impairment of bodily function and/or permanent serious disfigurement within the meaning of 75 Pa.C.S.A.§ 1705 which is incorporated herein by reference. 27. Plaintiffs claims for non-economic detriment and/or pain and suffering are barred by his election or deemed election of the limited tort option. WHEREFORE, Answering Defendants, demand judgment in their favor and against Plaintiff together with the cost of defense of this action. WILLIAM J. FEI3~tEN & A~,SOCIATES BY: ANDREW J. KEEN ESQUIRE Attorney for Defend nt 5 VERIFICATION I, ANDREW J. KEENAN, ESQUIRE, verify that the statements made in the foregoing Answer with New Matter to Plaintiff s Complaint are true and correct to the best of my knowledge, information and belief. I further verify that I am authorized to take this Verification on behalf of Defendants, in the capacity of Defendants' attorney, and also for the reason that Defendants' Verification cannot be obtained within the required pleading period. It is intended that Defendants' personal Verifications will be substituted subsequently. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. BY: WILLIAM J. FERREN & ASSOCIATES ANDREW J. KEF/NA~i, ESQUIRE Dated: ~' Z~ - la .+ WILLIAM J. FERREN & ASSOCIATES Andrew J. Keenan, Esquire Atty ID # 61990 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1710 WILLIAM HARKNESS Plaintiff, v. GARY LEONARD and EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, INC Defendants. Attorney for Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-954 CERTIFICATE OF SERVICE I, ANDREW J. KEENAN, ESQUIRE, attorney for Defendant, hereby certifies that a true and correct copy of Defendants' Answer with New Matter to Plaintiff's Complaint was served upon the following, by way of first class mail, on February 24, 2010: Evan J. Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 WILLIAM J. FER$E~T & ASSOCIATES BY: ANDREW J. ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION n 4 -!'e S ~ WILLIAM HARKNESS : NO: 09-954 ~-=- s~ Plaintiff -- - - ~' . ~" ~ VS GARY LEONARD and . EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, INC. Defendant :JURY TRIAL DEMANDED REPLY TO NEW MATTER ~ 'r S. _ ~_.,, N tN11 The Plaintiff, William Harkness, by his attorneys, Katherman, Briggs & Greenberg and Evan J. Kline, Esquire, files this Reply To New Matter and states the following: 20. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa.R.Civ.P. 1029(e). 21. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa.R.Civ.P. 1029(e). 22. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa.R.Civ.P. 1029(e). 23. Denied. The averments of this paragraph are conclusions of law to which no ~:a `i'7 ~~ ~~ L_), ;.~\\ f7 •.J ~~»~ i7 ~~ p ~C response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa.R.Civ.P. 1029(e). 24. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa.R.Civ.P. 1029(e). 25. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa.R.Civ.P. 1029(e). 26. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa.R.Civ.P. 1029(e). 27. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Plaintiff respectfully requests the relief sought in his Complaint. Respectfully submitted, ~ ~ 1~=~ Evan J. Kline, Esquire I.D. #70283 7 East Market Street York, PA 17401 (717) 848-3838 Date: ~ ( ~~ r l~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM HARKNESS : NO: 09-954 Plaintiff VS GARY LEONARD and EAGLE EXPRESS TRUCKING a/k/a : EAGLE EXPRESS TRUCKING, INC. Defendant :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this -'/ r~`day of March, 2010, I hereby certify that the Plaintiff's Reply To New Matter, above-captioned was mailed by United States First Class mail, postage prepaid, to: Andrew J. Keenan, Esquire 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 KATHERMAN, BRIGGS & GREENBERG, LLP By: ~~ ~. EVAN J. KLINE, ES ' IRE Attorney I.D. No. 70283 Attorney for Plaintiff 7 East Market Street, York, PA 17401 (717) 848-3838 Dated: ~ ! ~ I / ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM HARKNESS Plaintiff VS GARY LEONARD and EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, INC. Defendant NO: 09-954 ~: n r - ~ i`(1 '"L7 -' L] i .j r .x: ~'' C ~ iTZ :a .~ • ~{, ~~ :~ •-c :JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: 1. A Notice of Intent to Serve the Subpoena with a copy of the subpaena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served. 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate. 3. No objection to the subpoena has been received. 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve the Subpoena. Respectfully Submitted, KATHERMAI~RIGGS & GREENBERG Date: 3 (~ 1 D Evan J. KID, Esquire I.D. #70382 7 East Market Street York, PA 17401 Phone: 717-848-3 83 8 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM HARKNESS : NO: 09-954 Plaintiff VS GARY LEONARD and EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, INC. Defendant :JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully Submitted, Date: 2/18/10 KATHERMAN, BRIGGS & GREENBERG ~. Evan J. e, Esquire Attorney ID No. PA 70283 7 East Market Street York, PA 17401 Phone: 717-848-3838 Fax: 717-854-9172 Attorney for the Plaintiff M0222433 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM HARKNESS NO: 09-954 Plaintiff VS GARY LEONARD and EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, INC. Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Slone Raymond, Human Resources Assistant, Safeway, Inc., 2750 South Priest Drive, Tempe, Arizona 85282 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A copy of the complete employment file, along with any and all other records pertaining to William Harkness, including but not limited to reviews, salary and pay, attendance, applications ,and any and all other submissions. at KATHERMAN BRIGGS & GREENBERG Evan J. Kline Es uire 7 East Market Street York PA 17401 ress 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: Evan J. Kline, Esquire, Attorney 1D No. 70283, KATHERMAN, BRIGGS & GREENBERG, 7 EAST MARKET STREET, York, PA 17401 717-848-3838 Tele 717-854-9172 Fax BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division M0222431 RETURN OF SERVICE On the day of , 2010, I, Evan J. Kline, Esquire, served with the foregoing subpoena by: Certified Mail No. Return Receipt Requested. I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. Date: (Signature) M0222431 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM HARKNESS Plaintiff VS GARY LEONARD and EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, lNC Defe;ldant NO: 09-954 JURY TRIAL DEM~~NDED CERTIFICATE OF SERVICE n ~ c _ ~~ ~ ~~' ' c_.. --~ i? r- ! ,__ ~ ' r - _ Cr - ~ ,gym - _ f -: lp , - i:~ ?+ , . ~~:. ~~ ~ A -- N (;'~ ~~ -'~ ~ c`' K AND NOW, this 28th day of June, 2010, I hereby certify that the Brief in Support of Motion to Compel Discovery in the above-captioned matter was mailed by United States First Class mail, postage prepaid, to: Andrew J. Keenan, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 KATHERMAN, BRIGGS & GREENBERG, LLP By: EVA LINE, ES DIRE Attorney I.D. No. 70283 Attorney for Plaintiff 7 East Market Street, York, PA 17401 (717) 848-3838 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM HARKNESS Plaintiff VS GARY LEONARD and EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, INC Defendant : NO: 09-954 M JURY TRIAL DEMANDED ' ORDER AND NOW, this day of l±Yel' i , 2012, it is hereby ORDERED that the Defendants, Gary Leonard and Eagle Express Trucking a/k/a Eagle Express Trucking, Inc., in the above captioned case are compelled to, within thirty (30) days from the date of this order, appear for a mutually scheduled deposition, or suffer sanctions upon further application by the Plaintiff. i/ Evan J. Kline, Esquire Attorney for Plaintiff 7 East Market Street York, PA 17401 ?? r?Andrew J. Keenan, Esquire Attorney for Defendants 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 BY THE COURT: J. - mm M'M 7 r- yw ra p' ?"'r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WILLIAM HARKNESS : NO: 09-954 Plaintiff VS GARY LEONARD and EAGLE EXPRESS TRUCKING a/k/a EAGLE EXPRESS TRUCKING, INC. Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ?;Q day of March 2012, I hereby certify that Notices of Deposition for Gary Leonard and an Eagle Express Trucking representative in the above-captioned matter was sent via United States First Class mail, postage prepaid, to: Andrew J. Keenan, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 KATHERMAN, BRIGGS & GREENBERG, LLP By: 1E - 9 M__ EVAN J. KL E, ESQUIRE Attorney I.D. No. 70283 Attorney for Plaintiff 7 East Market Street, York, PA 17401 (717) 848-3838