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Home My WebLink About04-2000William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 27 W. High St. Carlisle, PA 17013 Telephone (717) 243-1790 Joelle N. Johnson In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 04- acg0 Civil Term James N. Keenan Karen M. Keenan 2871 N. Ocean Blvd. #D516 Civil action law Boca Raton, FL 37431 Jury Trial Demanded Defendant Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendants, James N. Keenan and Karen M. Keenan. William P. Dougl , Esq. Attorney for P ' tiff date: May 4, 2004 V O -V ((?? i V\ C lk 1?4 J 4 ? I\ N r - 4 s r_ 1 -? U G'1 '"G Commonwealth of Pennsylvania County of Cumberland Joelle N. Johnson In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 04- aopp Civil Term James N. Keenan Karen M. Keenan 2871 N. Ocean Blvd. #D516 Civil action law Boca Raton, FL 37431 Jury Trial Demanded Defendant Writ of Summons To: James N. Keenan Karen M. Keenan 2871 N. Ocean Blvd. #13516 Boca Raton, FL 37431 You are hereby notified that Joelle N. Johnson has brought an action against you. date: May 4, 2004 William P. Douglas, Esq. Douglas Law Office 27 W. High St. Carlisle, PA 17013-0261 717-243-1790 Attorney for Plaintiff l/ Deputy Protltorfotary DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 ............................................................................. ........................................................................................................, JOELLE N. JOHNSON COUNTY OF CUMBERLAND vs. NO. 04-2000 CIVIL TERM JAMES N. KEENAN KAREN M. KEENAN JURY TRIAL DEMANDED ........................... ... . ......................................................... 8 ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................................................................................................... n...................................... ............. ............... ......................................... Praecipe adding return receipt card to file The attached certified letter with WRIT OF SUMMONS enclosed was mailed to the defendants on May 4, 2004. A return receipt card signed by J. Keenan is attached hereto as proof of service of the Writ. William P. Douglas Attorney for Plaintiff L May 17, 2004 WILLIAM P. DOUGLAS, ESO. ALSO ADMITTED TO PRACTICE IN FLORIDA CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRUL ADVOCACY DOUGLAS LAW OFFICE 27 W. HIGH STREET P. O. 00X 261 CARLISLE, PENNSYLVANIA 17013-0261 May 4, 2004 (717) 243-1790 FAX (717) 243-6955 www.doug laslawoffice.com info • douglaslawoffice.com Flo. 2000 Civil 2004 1 foelle N. Johnson v. James N. Keenan and Karen M. Keenan -umberland County, 13A ies of the writ of swnmons in a civil action, -state defendant under 42 Pa. C.S.A. 5323. U.S. Postal Service l CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) mommo? ? N T [_ ? .-1 T TI ?tl ?-= rt ? T n n ? ?'- t ?l'1 (mo -., Q1 JOELLE N. JOHNSON Plaintiff, vs JAMES N. KEENAN and KAREN M. KEENAN, husband and wife Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 04-2000 Civil Term JURY TRIAL. DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, James N. Keenan and Karen M. Keenan, with regard to the above-captioned matter. Respectfully submitted, Date: I Ol NEALON & GOVER, P.C. By: A_6n_i7? Michae! S. Ferguson I.D.#:83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this lqp- day of May, 2004, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 -&?L Michael S. Fergu on, Esquire ca ?? o c- ?_ -?, ? .-, ;. . = r?, _,,,_, ;?3 a?? T -,; ?- _.. -- ,.. 1 _ R? ~??? -? C.J .. JOELLE N. JOHNSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VS No.: 04-2000 Civil Term JAMES N. KEENAN and KAREN M. KEENAN, husband and wife Defendant. JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer ajudgment of non pros. Respectfully submitted, NEALON & COVER, P.C. By: W?CLk=L--- Michael S. Ferguson, Esquire I.D. #: 83882 2411 North Front Street hc{ Harrisburg, PA 17110 Date: J i 717!232-9900 RULE; TO THE PLAINTIFF: A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: Oy _&zy? Prothonotary 1-? N <7 'i _Ti r . ? :Py., -1 T _ ail r -„ m Ol -? DOUGLAS LAW OFFICE 27 W. HIGH ST. WILLIAM P. DOUGLAS, ESQ. POB 261 Supreme Court I.D.# 37926 CARLISLE PA 17013 TELEPHONE 717.243.1790 Joelle N. Johnson In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 04- 2000 Civil Term James N. Keenan Karen M. Keenan Defendant Civil action law Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE :PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 DATE: June 14, 2004 BY? Complaint 1. The plaintiff, Joelle N. Johnson, is an adult individual residing at 424 North Hanover St., Carlisle, Cumberland County, Pennsylvania. 2. The Defendant, James N. Keenan and Karen M. Keenan, are adult individuals residing at 2871 N. Ocean Blvd. #D516,, Boca Raton, FL 37431. 3. On or about, November 26, 2003, the plaintiff was operating her vehicle, on West Willow Street, in the Borough of Carlisle, in an easterly direction. 4. At about the same time and place, the defendants, while in the vehicle together, were operating the vehicle in a northerly direction on School Avenue in the Borough of Carlisle. 5. The defendant failed to stop for the stop sign, and as a result struck the plaintiff's vehicle. 6. The impact occurred as a direct and proximate result of the defendant's negligence. 7. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured clear distance ahead; C) failing to operate her vehicle in a safe and prudent manner; d) failing to stop her vehicle before she collided with the plaintiff. e) failing to obey traffic control devices and yield the right-of-way. 8. As a direct and proximate result of the negligence of the defendant the plaintiff was injured her injuries, include but are not limited to: a) injury to her nerves and nervous system; b) injury to her spine and supporting structures; c) chronic pain; 9. As a result of her injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same in the future. 10. As a result of her injuries, the plaintiff has incurred great pain and suffering and will continue to incur the same in the future. 11. As a result of her injuries the plaintiff has :incurred aggravation, inconvenience, disability, and a loss of life's pleasures, and will continue to incur the same in the future. 12. As a result of the injuries the plaintiff sustained, the plaintiff has lost wages and the plaintiff's economic horizons may be limited. 13. As a result of the collision the plaintiff has suffered property damage and expense associated there with. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Respectfully ubmitted, William P. Douglas, q. June 14, 2004 Attorney for Plain ' f AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. William P. Douglas Date: June 14, 2004 N (-_ O r _.. C. ri?j"; L .? C+ <' . ? r` [.; .= ? "7 r' ('_ W r. oti T -? T (''1t71 ?? ?? C) ?f?? y =< CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOELLE N. JOHNSON TERM, _VS_ CASE NO: 04-2000 JAMES N. & KAREN M. KEENAN H/W As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be 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, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/12/2004 a (gf /MICH• ;EIRGUS Ng Q. Attorney for DEFE ANT DE11-503136 5 6 6 4 6- L 0 1 COMMONWEALTH OF P E NN S Y L VAN T A COUNTY OF CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JOELLE N. JOHNSON -VS- JAMES N. & KAREN M. KEENAN H/W OF (WENT TO SERVE A SUBPOENA TO THINGS FOR DISCOVERY PURSUANT T NATIONAL CAR RENTAL NATIONAL CAR RENTAL OTHER OTHER TERM, CASE NO: 04-2000 TO: WILLIAM P. DOUGLAS, ESQ., PLAINTIFF COUNSEL MCS on behalf of MICHAEL FERGUSON, ESQ. 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/21/2004 CC: MICHAEL FERGUSON, ESQ. - 04-310 MICHAEL SMOLUK - MCS on behalf of MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-269751 5 6 6 4 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOELLE N. JOHNSON VS. JAMES N. & KAREN M. KEENAN H/W File No. 04-2000 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for NATIONAL CAR RENTAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groyp, Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: MICHAEL FERGUSON. ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: JLW E- IL 26Oy Seal of the Court BY THE COURT: .JV Prothonotary/Clerk, Civt Div' n e' ?j ,0 A Deputy 56646-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NATIONAL CAR RENTAL P. O. BOX 310723 BOCA RATON, FL 33431 RE: 56646 JAMES N. KEENAN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL RECORDS NATIONAL CLAIM 00368390-S5 RENTER - JAMES KEENAN, RECOVERY SPECIALIST REGINA SHELLMAN. Subject : JAMES N. KEENAN 2871 NORTH OCEAN BLVD., BOCA RATON, FL 37431 SU10-509486 56646-L 03- CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOELLE N. JOHNSON TERM, _VS_ CASE NO: 04-2000 JAMES N. & KAREN M. KEENAN H/W As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL FERGUSON, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be 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, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 07/12/2004 MICHAEL FERGUSON, ESQ. Attorney for DEFENDANT DE11-503137 56646-L 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOELLE N. JOHNSON VS. JAMES N. & KAREN M. KEENAN H/W File No. 04-2000 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for NATIONAL CAR RENTAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA ] 9103 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: MICHAEL FERGUSON, ESO. ADDRESS: 2411 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ? ) 1V- I L, t anlyl Seal of the Court BY TUE COURT: Prot o/n?otary/Clerk, Civil rvisi ? lf/1 Deputy 56646-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NATIONAL CAR RENTAL P. O. BOX 403355 ATLANTA, GA 30384 RE: 56646 JAMES N. KEENAN Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL RECORDS NATIONAL CLAIM NO. 003683Sb-S5, RENTER JAMES KEENAN. Subject : JAMES N. KEENAN 2871 NORTH OCEAN BLVD., BOCA RATON, FL 37431 S1910-509488 5 6 6 4 6- L 0 2 r? '? n r. r -n - t__. ti sa v y V7 C 1 O -_j ti JOELLE N. JOHNSON : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs : No.: 04-2000 Civil Term JAMES N. KEENAN and KAREN M. KEENAN, husband and wife Defendant. : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Joelle N. Johnson C/o William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required) to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER, P.C. 1 By: ??(L 6 CU--Y-- Date: -? 13 01 Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 JOELLE N. JOHNSON Plaintiff, vs JAMES N. KEENAN and KAREN M. KEENAN, husband and wife Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 04-2000 Civil Term JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted on information and belief. 2. Admitted. 3. Admitted on information and belief. 4. Admitted on information and belief. 5. Denied pursuant to Pa. R.C.P. 1029(e). 6. Denied pursuant to Pa. R.C.P. 1029(e). 7. Denied pursuant to Pa. R.C.P. 1029(e). By way of further response, James Keenan was operating the vehicle at issue, not a "her"as alleged in complaint. 8 - 13. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, it is prayed that judgment be entered in favor of the Defendants and against the Plaintiff with the cost of this action. NEW MATTER 14. Paragraphs 1 through 13 are incorporated herein by reference thereto. 15. The Plaintiff's claim may be barred in whole; or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. Respectfully submitted, NEALON & GOVER, P.C. By: k,1.3Y- Michael S. Ferguson, Esquire Attorney I. D. No. 83882 2411 North Front Street Harrisburg, PA 17110 Date: f3 ?`? (717) 232-9900 VERIFICATION I, JAMES N. KEENAN, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 16 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: ( vy ESN, KEENAN 74 d CERTIFICATE OF SERVICE AND NOW, this 1-2 day of July, 2004, 1 hereby certify that I have served the foregoing ANSWER WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 jg('tGoLcr Michael S. Ferguson, Esquire c, r-- ?. -? re f ._ ?: ,? ':=? Q ' ?` -?i ??[i . w .. :m _:a r.,? ?i cr ="< WILLIAM P. DOUGLAS, ESQUIRE ATTY. I.D. # 37926 DOUGLAS LAW OFFICE 27 WEST HIGH STREET P.O.B. 261 CARLISLE, PA 17013 TELEPHONE 717-243-1790 ATTORNEY FOR PLAINTIFF JOELLE N. JOHNSON IN THE COURT OF COMMON PLEAS V OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW JAMES N. KEENAN and N0.04-2000 KAREN M. KEENAN, his wife JURY TRIAL DEMANDED REPLY TO NEW MATTER 14. The allegations in paragraphs 1 through 13 of the original Complaint are incorporated herein and reference is made thereto. 15. Denied as a legal conclusion to which no response is necessary. WHEREFORE, it is prayed that the New Matter of the defendant be dismissed and judgment entered in favor of the plaintiff. DOUGLAS LAW OFFICE William P. Douglas 27 West High Street P.O. Box 261 Carlisle, PA 17013 717-243-1790 Attorney for Plaintiff Dated: iuly 22, 2004 Affidavit This verification is made pursuant to Pa.R.C.P 1024(c) by counsel for the plaintiff. To the best of the signer's knowledge, information and belief, the foregoing is true and correct. Dated: July 22, 2004 William P. Douglas Attorney for plaintiff t?, v ii ,_..., i - L ? f'- _.. . i' ? N t? _ ?i;; ? ^" N - _: l.J ?7 } - t _ . CJ i??i ''i ?Jl C' ti JOELLE N. JOHNSON Plaintiff, vs JAMES N. KEENAN and KAREN M. KEENAN, husband and wife Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 04-2000 Civil Term JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, James N. Keenan and Karen M. Keenan, with regard to the above-captioned matter. Respectfully submitted, Date: NEALON GOVER & PERRY ti By: Qas y G. Shore, Esquire 1.6--k 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Y CERTIFICATE OF SERVICE AND NOW, this ?1JOA day of December, 2005, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 L <? 4, ? Cas&y . Shore, Esquire ?, _? ?. ?:? ?: _. , ,? , . , ?,_ JOELLE N. JOHNSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs JAMES N. KEENAN and KAREN M. KEENAN, husband and wife Defendant. No.: 04-2000 Civil Term JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendants, James N. Keenan and Karen M. Keenan, with regard to the above-captioned matter. Respectfully submitted, Date: t2 2 05_ NEALON GOVER & PERRY By: 44G' _ Michael S. Ferguson, Esquire I.D. #: 83882 2411 North Front Street Harrisburg, PA 17110 717/232-9900 J CERTIFICATE OF SERVICE AND NOW, this 7 day of December, 2005, 1 hereby certify that I have served the foregoing WITHDRAWAL OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 Michael S. Ferguson, Esquire y_.'? {? t l ?, j ? d ... .. , JOELLE N. JOHNSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs No.: 04-2000 Civil Term JAMES N. KEENAN and KAREN M. KEENAN, husband and wife Defendant. JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw NEALON GOVER & PERRY'S appearance on behalf of the Defendants, James N. Keenan and Karen Keenan, with regard to the above-captioned matter. Respectfully sub NEALON, GOVER By: Date: Lco James G. Nealon III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this day of October, 2007, 1 hereby certify that I have served the foregoing WITHDRAWAL OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 James G. Nealon, III, Esquire .3B 4 J r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOELLE N. JOHNSON Plaintiff, v JAMES N. KEENAM and No.: 04-2000 JURY TRIAL DEMANDED KAREN M. KEENAM, husband and wife Defendants PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendants, James N. Keenan and Karen M. Keenan, in the above-captioned matter and mark the docket accordingly. Date: December '10 , 2007 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, James Keenam and Karen Keenam IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOELLE N. JOHNSON Plaintiff, No.: 04-2000 V. JAMES N. KEENAM and JURY TRIAL DEMANDED KAREN M. KEENAM, husband and wife Defendants CERTIFICATE OF SERVICE AND NOW, this 10 day of December, 2007, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: William P. Douglas, Esquire 27 W. High Street, PO Box 261 Carlisle, PA 17013 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS "" Pa By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, James Keenam and Karen Keenam r -TI 0 --a Joelle N. Johnson vs James N Keenan and Karen M. Keenan To the Court: Joelle N. Johnson Case No. Statement of Intention to Proceed Print Name William P. Douglas Date: Sept 9, 2010 2004-2000 intends to proceed with the above r Sign Name G, Attorney for Plaintiff Explanatory Comment C ?p n ? t't r necr4atte- The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rue of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was oromulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1 104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." if a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to Fite the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. JOELLE N. JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 04-2000 JAMES N. KEENAN and KAREN M. KEENAN, Defendants JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this i :?• day of July, 2012, a rule is issued on the plaintiff to show cause why the relief requested in the defendants' motion to compel ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, Hess, P. J. ? Er %?k v U • ?, P;es pKa '/-ed 7//9/,a 4 L c`3 c r Cm 3 ? rn p' 3 %P ` . " Qq 'i?ILEf?-OFr1Ct;: THE PROTHONOTARY 2712 AUG _d PM 3: 47 ICIUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOELLE N. JOHNSON No.: 2004-2000 Plaintiff, V. JAMES N. KEENAN and KAREN M. KEENAN, Defendants JURY TRIAL DEMANDED DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE COME NOW, Defendant, James Keenan ("Defendant"), by and through his Michael B. Scheib, Esquire, and Erick V. Violago, Esquire, and Griffith, Strickler, Solymos & Calkins, and files the following Motion to Make Rule Absolute, and in thereof avers as follows: 1. This lawsuit arises from a motor vehicle accident between the parties from whi the Plaintiff alleges personal injury. (See Plaintiff's Complaint, generally). 2. On July 16, 2012, Defendant filed a Motion to Compel Plaintiff's Depositi (See Defendant's Motion to Compel Plaintiffs Deposition, which is incorporated by reference if set forth more fully at length herein). 3. In response to said Motion, on July 18, 2012, the Honorable Kevin A. entered a Rule to Show Cause why the Motion should not be granted that was returnable ten (1 days after service. 4. Defense counsel certifies that on July 20, 2012, he served Plaintiff's counsel the Rule to Show Cause. (A true and correct copy of the enclosure letter is attached hereto Exhibit "A") 5. As such, the Plaintiff was required to respond to the Rule on or before July 3 2012. 6. To date, no response has been filed. 7. On July 30, 2012, Plaintiff's counsel contacted Defense counsel, and the agreed to schedule the deposition to take place at the office of Plaintiff's counsel on 21, 2012, at 10:00 a.m. 8. Defendant requires a Court Order to ensure that the Plaintiff does not cancel deposition at the last second for a third time. WHEREFORE, Defendant, James Keenan, respectfully requests that this Court grant this Motion to Make Rule Absolute and enter the proposed Order attached. GRIFFITH, SOLYMO.S Dated: August , 2012 By: ERIC ?,'91• I O, ESQUIRE Atto .202344 110 South rthern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 eviolago@gslsc.com Attorney for Defendants EXHIBIT W 90 A J J Q LAW OFFICES F GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1926-2009) 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL infoGDaslsc.com WEBSITE: www.asisc.com ANN MARGARET GRAB ERICK V. VIOLAGO- JOHN C. PORTER- ROBERT D. O'BRIEN ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ- MICHAEL B. SCHEIB` THOMAS B. SPONAUGLE°+ *Also Member MD Bar 'LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars -Also Member NJ Bar +Board Certified Civil Trial Attorney By the National Board of Trial Advocacy July 20, 2012 William P. Douglas, Esquire 27 West High Street P. O. Box 261 Carlisle, PA 17013 Erick V. Violago's EMAIL: eviolagotfaslsc.com Re: Joelle N. Johnson v. James N. Keenan and Karen M. Keenan Cumberland County C.C.P. No. 04-2000 Dear Bill: Enclosed please find a Rule to Show Cause why the Motion to Compel your client's depositioi should not be granted. Please let me know whether you intend to pursue this case. It is m, understanding that you have been out of contact with your client for several months. As such, i appears she does not want to pursue this lawsuit. Accordingly, I respectfully request that yoi dismiss this lawsuit. If you have any questions, please feel free to contact me. Thank you. Very truly yours, ERICK V. VIOLAGO ew/keenam. j ohnson-Ur. Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOELLE N. JOHNSON No.: 2004-2000 Plaintiff, V. JAMES N. KEENAN and KAREN M. KEENAN, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of August, 2012, I, Erick V. Violago, Esquire, a member of firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I this date served the Defendant's Motion to Make Rule Absolute, by United States addressed to the party or attorney of record as follows: William P. Douglas, Esquire 27 West High Street P. O. Box 261 Carlisle, PA 17013 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINBy: , ESQUIRE Attpfney- NgCX.3"-- 1 outh Northern Way York, Pennsylvania 17402 Telephone (717) 757-7602 Fax (717) 757-3783 eviolaaona, aslsc. com Attorney for Defendants LF JE 2sFZ?1UU -8 Pfd C: 0 CUMBERLAND Cow',- PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOELLE N. JOHNSON Plaintiff, No.: 2004-2000 V. JAMES N. KEENAN and KAREN M. KEENAN, Defendants JURY TRIAL DEMANDED ORDER AND NOW, to wit, this day of Au 2012, it is hereby ORDERED, ADJUDGED, and DECREED, that Plaintiff shall appear for a deposition to take place at the Law Offices of William P. Douglas, Esquire, located at 27 West High Street, Carlisle, Pennsylvania 17013, on September 21, 2012, at 10:00 a.m. or suffer additional sanctions as the court sees fit. Distribution List: ? Erick V. Violago, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 ocp'ea ate", Ie-d AkL' BY THE COURT, f/William P. Douglas, Esquire 27 West High Street P. O. Box 261 Carlisle, PA 17013 t ~ ~_ ~~1~~}- _fi~_ ii ~ ~~ f ~_. ?~1 ~ ~ ~~~ -~ Phi ~~ ~ + ~UMBE~La~U CQ~.Ii°l i~` PENt~SYLVAi~i~ William P. Douglas Attorney I.D. #37926 43 West South Street Carlisle, PA 17013 717-243-1790 JOELLE N. JOHNSON, Plaintiff v. JAMES N. KEENAN and KAREN M. KEENAN, husband and wife Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW N0.04-2000 CIVIL TERM JURY TRIAL DEMANDED Praecipe to Withdraw Complaint and Discontinue Dear Mr. Buell: Please withdraw the complaint of the plaintiff and discontinue the above- captioned action. Dated: November 30, 2012 William .Douglas Attorney for Plaintiff