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HomeMy WebLinkAbout01-7010Paul J. Hennessy, Esquire O'Brien & Hennessy 142 West Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 CGU Insurance Company A/S/O Miles and Diane Kirkhuff PO Box 25004 Lehigh Valley, PA 18002-5004 Miles and Diane Kirkhuff 383 Bryant Street .~troudsburg, PA 18360 D.M. Bowman · 10038 Governor Lane Boulevard Williamsport, MD 21795 Darryl Lee Lowery 310 Lincoln Avenue Myersdale,PA 15552 .~OTICE You have been sued in court.. If you wish to ~¢fcnd aL,"inst the ciaims se: fortY, in thc following pages, you mus~ tn.ice ac:ion within twenty. (20) days after this complaint and r,.otice are scm, cd. by entcrins a wrimcn appearance person- ally or hy ~n_rney and filing in writing with ac cour~ your defenses or ol~jeclion$ to thc claims set forth lgainn you. You are warne~Lthat if you fail to do so the ca~e may proc,'ed without you and a judgment may he ent,'r~'d ag',in~ you by '.he court without further notic-' for ~ny money claime:l in the complaint or for any other claim or r'.!ief requested ~.? :he piamtiff. You ma.',' !ase money or propc~: or otne: ::~hts tm~oi-lant co you. c~n ge~ legal Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 800-990-9108 : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law AVISO L: ban demandado a used cn la corec. Si uslcd quiere si~ui~ u~d ti~e veinle (20) di~ dc pt~o ~ ~r de la fecha de la d~da y la nofifi~eion. H~ f~ ~ ~na comp~encia ~cfim o ~ p~o~ o con un ~ y cn~eg~ a la cone ~ fora ~ s~ def~ o ~s o~jc~on~ a IM dem~dM cn con~ dc su p~n~ S~ ~visado que si ust~ ~o se defiendc, la co~c tom~ mcdid~ y pucdc continuar la d~da cn con~ suya sin p~vio aviso o nou~c~cion. AdemM. la cone pucdc dccidir a favor del dcm~dantc y re~uicr~ que ustcd cumpia con cod~ I~ ~ravisioncs dc ¢sm dcm~d~ Uitcd p~dc ~ dincto o ~us propicdad~s u ocros tcr~chas impon~t~ p~ u~d. s~i~o. ~ya t~ pe~ona o ~ pot tM~ono · la ofic~a cuya direc~on xe tn~ent~ ~c~ta ~bajo p~ ~verigu~r donde se puede conse~air esistencia Cumber[and County Bar Associat&on 2 L&ber~y Avenue Carlisle, PA 1701~ 7~7-2~9-3166 or 800-990-9108 Paul J. Hennessy, Esquire O'Brien & Hennessy 142 W. Market Street West Chester, PA 19382 610431-2727 ~I.D. 65396 CGU Insurance Company A/S/O Miles and Diane Kirkhuff ?.O. :25004 PA 18002-5004 and Miles and Diane Kirkhuff 383 Bryant Street Stroudsburg, PA 18360 VS. D.M. Bowman 10038 Governor Lane Boulevard Williamsport, MD 21795 and Darryl Lee Lowery ~10 Lincoln Avenue Meyersdale, PA 15552 Attorney for Plaintiffs ~ In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action- Law No. ~1 - qOt(3 Com lap_!_~_! 1. The Plaintiff, CGU Insurance Company is an insurance carrier licensed and authorized to perform business in the Commonwealth of pennsylvania and various states. 2. The Plaintiff, Miles Kirkhuffresided at 383 Bryant Street in Stroudsburg, pennsylvania on or about January 8, 2001. 3. The Plaintiff, Diane Kirkhuff is an adult individual. 4. The Defendant, Darryl Lee Lowery is an adult individ-aL 5. The Defendant, D.M. Bowman Company is a business entity located at the above address. 6. On or about January 8, 2001, the Plaintiffs Miles and Diane Kirkhuff maintained an automobile insurance policy with the Plaintiff CGU Insurance Company under policy number OPZ342584. 7. On or about January 8, 2001, the Defendant Darryl Lee Lowery was operating a 1999 . track Maryland tag number 248F18 at or near the Pennsylvania Turnpike milepost 237.6 8. Suddenly and without warning, the Defendant Darryl Lee Lowery acting at all times as an agent, servant or employee for the registered owner of the vehicle D.M. Bowman Company struck the Plaintift's vehicle in the rear. As a result of the collision the Plaintiff sustained property damage to their 2000 Nissan PA tag number DJM7619. The vehicle was determined to be a total lOSS. 9. The negligence of the Defendants consisted of the following: A. Negligent entrustment; B. Operating a vehicle at a speed unsafe for conditions; C. Failure to make proper observations; D. Failure to properly inspect brakes and/or braking mechanism devices; E. Other such negligence that may be developed through continuing discovery and trial of this matter; 10. The Plaintiff CGU Insurance Company is subrogated to the Plaintiffs Miles Kirkhuff and Diane Kirkhuff. WHEREFORE, the plaintiffs demand judgment against the Defendants Darryl Lee Lowery and D.M. Bowman Company jointly and severally in the amount of $25,297.75 plus court costs. , / Paul J. eu e Attorney f~ Plmnt~ff OMMONWEAL.TH OF pENNSYLVANIA : OF CHESTER : ss. undersigned verifies that the facts contained herein are true and correct The undersigned that faire statements herein are made subject to the penalties of 19 Pa-C.S. Section relating to ,mswom falsification to authorities. this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are and unavailable to make this verification on its/his/her own behalf within the time filing of this pleading, and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, records and other investigative material in the file. Dmed: o~o-~r 6. 2001 ¢) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CGU INSURANCE COMPANY, a/s/o MILES and DIANE KIRKHUFF, and MILES AND DIANE KIRKHUFF, Plaintiffs, CIVIL DIVISION - LAW No. 01-7010 JURY TRIAL DEMANDED. DICKIE, McCAMEY & CHILCOTE By: ~oh~n T. Pion, Esquire Pa. I.D. #43675 Twkc~PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendants D. M. BOWMAN and DARRYL LEE LOWERY, Defendants. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of John T. Pion, Esquire, and Dickie, McCamey & Chilcote, P.C., on behalfofD. M. Bowman and Darryl Lee Lowery, Defendants in the above-captioned matter. CERTIFICATE OF SERVICE I, Johtl T. Pion, Esquire, hereby certify that true and correct copies of the foregoing Praecipe for Appearance have been served this _(f:J day of January, 2002, by U. S. first-class mail, postage prepaid, to counsel of record listed below: Paul J. Hennessy, Esquire O'Brien & Hennessy 142 West Market Street, Suite 2 West Chester, PA 19382 Counsel for Plaintiffs DICKIE, McCAMEY & CHILCOTE, P.C. By ~,~,~ ~z~-~. '~,h~%~Pion, Esquire Paul J. Hennessy, Esquire O'Brien & Hennessy 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiff CGU Insurance Company A/S/O Miles and Diane Kirkhuff AND Miles and Diane Kirkhuff D.M Bowman, et.al. In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law : No: 01-7010 Civil Term AFFIDAVIT OF SERVI~l~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER SS. Paul J. Hennessy, Esquire, being duly sworn according to law deposes and says that he has served a true and correct copy of the Complaint filed in the above captioned action upon the Defendant, D.M. Bowman, by first class United States mail, certified, return receipt requested, and that Defendant did accept service of the same on, December 21, 2001 as evidenced by the attached sender's receipts. Sworn to and subscribed before me this 14~' day of January ,2002. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-07010 P CO%4MONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CGU INSURANCE COMPANY VS MILES AND DIANE KIRKHUFF R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDkNT , to wit: LOWERY DARRYL LEE but was unable to locate Him in his bailiwick. deputized the sheriff of SOMERSET County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, to On January 28th , 2002 , this office was in receipt of the attached return from SOMERSET Sheriff.s Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Somerset Co 50.00 .00 87.00 01/28/2002 OBRIEN & HENNESSY So an~s~we~: // / / R/ Thomas Klinec--- Sheriff of Cumberland County Sworn and subscribed to before me this 3~ ~ day of ~ ~2~ A.D. ' / Prothohot~z~ ' [D°Cket Nlmlber SHERIFF'S RETURN Personally appeared before me ~/)/~/ /~-/JTt- a deputy for CARL W. BROWN, Sheriff of Somerse[County, Pennsylvania, who being duly sworn accordin to law, depp_seLimd says that o1~ the ~ day of f)~t'~/~- 20 gat /~ A~he served the above named person as follows: ' [~ Personal Service on person Fl Mailing to person at above address; evidence of mailing attached J Adult member of the person's household Name Relationship ,, F~ Adult in charge of Person's residence Name Relationship.. D Agent or person at the time and place in charge of the person's office or usual place of business Name Relationship .... ['~ Manager/Clerk at the place of lodging in which Person resides - Name [~ Other Name Title .... of corporation ~ Posted most public part of premise situate at~ ~ Residence, ['~Busin~ess, [~ Employme~nt, ~-~ Other, otpersontobeserved, at x')~lTI,.~,f ~-~.t~ Itl'). ~'~ rl f~C ~/D,'z IN ~ ~ O0~ f'~f,t f 14t,VP~ and making known to such person the contents thereof. PERSON NOT FOUND BE(~AUSE: [~ Whereabouts Unknown, ~ No Answer, J Vacant, [~ Moved left no forwarding address, [~ Moved - New address Other .... Sworn and subscribed b~fore me this c~ .~ t:~day of 20 ~ DEPUTY SHERIFF SOMERSET COUNTY, PA Costs qn ~he Court of Common Pleas of Cumberland County, Pennsylvania C~J Insurance Cc~npany et al VS. D.M. Bo~an et al SERVE: Darryl Lee Lowery NO. 01 7010 civil NOW, Decenbet 17, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Somerset County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumb'erland County, PA Sow~ within Affidavit of Service , 20 j, at o'clock _ M. served the upon at by handing to a and made known to copy of the orig/nal So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CGU INSURANCE COMPANY, a/s/o MILES and DIANE KIRKHUFF, and MILES AND DIANE KIRKHUFF, Plaintiffs, D. M. BOWMAN and DARRYL LEE LOWERY, Defendants. CIVIL DIVISION - LAW No. 01-7010 l~ 01-07126 MOTION OF DEFENDANTS TO CONSOLIDATE PURSUANT TO Pa. ILC.P. 213(a) Filed on behalf of Defendants D.M. Bowman and Dan'yl Lee Lowery DIANE KIRKHUFF, Individually and as the executrix of the Estate of Miles Kirkhuff, Plaintiff, DARRYL LEE LOWERY and D.M. BOWMAN, INC., Defendants. Counsel of record for this party: John T. Pion, Esquire PA I..D. g43675 Brant T. Miller, Esquire PA I.D. #83297 DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 412-281-727 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CGU INSURANCE COMPANY, aYs/o MILES and DIANE KIRKHUFF, and MILES AND DIANE KIRKHUFF, Plaintiffs, D. M. BOWMAN and DARRYL LEE LOWERY, Defendants. DIANE KIRKHUFF, Individually and as the executrix of the Estate of Miles Kirkhuff, Plaintiff, DARRYL LEE LOWERY and D.M. BOWMAN, INC., Defendants. CIVIL DIVISION -LAW No. 01-7010 t~ 01-07126, PRAECIPE FOR ARGUMENT DATE Filed on behalf of Defendants D.M. Bowman and Darryl Lee Lowery Counsel of record for this party: John T. Pion, Esquire PA I..D. #43675 Brant T. Miller, Esquire PA I.D. #83297 DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 412-281-727 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CGU INSURANCE COMPANY, a/s/o MILES and DIANE KIRKHUFF, and MILES AND DIANE KJRKHUFF, Plaintiffs, D. M. BOWMAN and DARRYL LEE LOWERY, Defendants. NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer, New Matter, and New Matter within twenty (20) days from the date of service hereof or a judgment may be entered against you. Brant T. Miller, Esquire CIVIL DIVISION - LAW No. 01-7010 ANSWER AND NEW MATTER Filed on behalf of Defendants D.M. Bowman and Darryl Lee Lowery Counsel of record for this party: John T. Pion, Esquire PA I..D. #43675 Brant T. Miller, Esquire PA I.D. #83297 DICI~m~ MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 412-281-7272 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA CGU INSURANCE COMPANY, a/s/o MILES and DIANE KIRKHUFF, and MILES AND D/ANE KIRKHUFF, Plaintiffs, D. M. BOWMAN and DARRYL LEE LOWERY, Defendants. CIVIL DIVISION - LAW No. 01-7010 ANSWER, NEW MATTER, AND NEW MATTER AND NOW, come the Defendants, D.M. Bowman and Darryl Lee Lowery, by and through their counsel, Dickie, McCamey & Chilcote, P.C., John T. Pion, Esquire, and Michael F. Nerone, Esquire, and file this Answer, New Matter and New Matter, in support of which they aver the following: 1. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth or falsity of the averments set forth in paragraph 1 of Plaintiffs' Complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth or falsity of the averments set forth in paragraph 2 of Plaintiffs' Complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of trial. 3. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the truth or falsity of the averments set forth in paragraph 3 of Plaintiffs' Complaint. Therefore, the same are denied and strict proof thereof is demanded at the timeoftral. 4. 5. 6. Admitted. Admitted. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the troth or falsity of the averments set forth in paragraph 6 of Plaintiffs' Complaint. Therefore, the same are denied and strct proof thereof is demanded at the time of trial. 7. 8. Admitted. It is denied that the vehicle owned by D.M. Bowman and driven by Darryl Lee Lowery suddenly and without warning struck the Plaintiffs' vehicle in the rear. To the contrary, it is averred that Plaintiffs had either stopped or considerably slowed their vehicle on the highway and could see the headlights of the oncoming D.M. Bowman vehicle prior to the collision. As to the remaining averments set forth in paragraph 8 of Plaintiffs' Complaint, Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of same. Therefore, strict proof thereof is demanded at the time of trial. 9. The averments set forth in paragraph 9, subparagraph A state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied generally pursuant to the Pennsylvania Rules of Civil Procedure. Additionally, the averments set forth in paragraph 9 and subparagraphs B-D are generally denied pursuant to the Pennsylvania Rules of Civil Procedure. 10. After reasonable investigation, the Defendants are without sufficient knowledge or information to form a belief as to the troth or falsity of the averments set forth in paragraph 10 of Plaintiffs' Complaint. Therefore, the same are denied and strict proof thereof is demanded at the time of trial. NEW MATTER 11. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 12. Defendants raise Plaintiffs' contributory/comparative negligence as a complete and/or partial bar to Plaintiffs' claims. 13. Defendants raise Plaintiffs' assumption of a known risk as a complete and/or partial bar to Plaintiffs' claims. 14. Defendants raise Plaintiffs' failure to mitigate damages as a complete and/or partial bar to Plaintiffs' claims. 15. Defendants raise the intervening/superceding acts and omissions or third parties over whom they had neither the right or duty to control as a complete and/or partial bar to Plaintiffs' claims. 16. Defendants raise the improper stopping and/or substantial slowing of the Plaintiffs' vehicle while on the Pennsylvania Turnpike. 17. Defendants raise the Plaintiffs' failure to not pull their vehicle over to the side of the road while stopping to look at a previous automobile accident. 18. Defendants raise the Plaintiffs' failure to obey traffic control devices. 19. Defendants raise the Plaintiffs' failure to activate their hazard blinkers while stopped upon the traveled portion of the Pennsylvania Turnpike. WHEREFORE, these Defendants deny any and all liability to any party under any theory of law whatsoever and respectfully request that judgment be entered in their favor together with costs. DICKIE, McCAMEY & CHILCOTE By: John T. Pion, Esquire Pa. I.D. ~43675 Brant T. Miller, Esquire, Esquire Pa. I.D. #83297 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Counsel for Defendants VERIFICATION Michael Connelly, Chief Safety Officer I, Eec.-~'M~-g!vmiz, C!:.-'.2.z A!_-_-r_.'n'-'z:rntor for D.M. Bowman, Inc., have read the foregoing Answer and New Matter P=::::a:'_ ~,, ~..~, '~7~2(._'-) of Defendants D.M. Bowman and Darryl Lee Lowery. The statements therein are correct to the best of my p~rsonal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. DATE: CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that tree and correct copies of the foregoing ANSWER, NEW MATTER, AND NEW MATTER have been served this z/t ~ day of March, 2002, by U.S. first-class mail, postage prepaid, to counsel of record listed below: Paul J. Hennessy, Esquire O'Brien & Hennessy 142 West Market Street, Suite 2 West Chester, PA 19382 Counsel for Plaintiffs DICK[E, McCAMEY & CHILCOTE, P.C. Brant T. Miller, Esquire Paul J. Hennessy, Esquire O'Brien & Hennessy 142 W. Market Street West Chester, PA 19382 $10-431-2727 Attorney I.D. 65396 Attorney for Plaintiffs CGU Insurance Company A/S/O Miles and Diane Kirkhuff AND Miles and Diane Kirkhuff VS. D.M. Bowman, et.al. : In The Court of Common Pleas : Cumberland County, Permsylvania : Civil Action Law : No: 01-7010 Civil Term Plaintiffs' Resnonse to l)efeudsn~s' New Matter 11-15. Denied. The averments contained in paragraphs 11 through 15 contain conclusions of law which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. 16. Denied. The Plaintiff slowed his vehicle and stopped that vehicle as the result of an accident which occurred immediately in front of his vehicle. Had the Defendant been traveling at a reasonable sp~d for conditions, and traveling at a safe distance behind the Plaintiff's vehicle and making the proper observations the ~ont of the Defendant's vehicle would not have contacted with the rear of the Plaintiff's vehicle resulting in the Plaintiff incurring the property damage which is subject of 17-19. Denied. Plaintiffs are without knowledge or information sufficient to s to the truth or falsity of same. Therefore, strict proof is demanded at the time of trial. Wlt-EREFORE, Plaintiffs demand judgment in the mount of $25,297.75 plus interest and costs. ~'Paul J COMMONWEALTH OF pENNsYLVANIA: COUNTY OF CHESTER ss The undersigned verifies that the facts contained herein are tree and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, r.elating to unswom falsification to authorities. If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her own behalf within the time allotted for filing of this pleading, and the facts set forth in the foregoing pleading are tree and correct to the best of counsel's knowledge, information and belief.. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigative material in the file Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CGU INSURANCE COMPANY, a/s/o MILES and DIANE K1RKHUFF, and MILES AND DIANE KIRKHUFF, CIVIL DIVISION - LAW No. 01-7010 Plaintiffs, STIPULATION OF COUNSEL D. M. BOWMAN and DARRYL LEE LOWERY, Filed on behalf of Defendants D.M. Bowman and Darryl Lee Lowery Defendants. Counsel of record for this party: John T. Pion, Esquire PA I..D. #43675 Brant T. Miller, Esquire PA I.D. #83297 DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 412-281-727 MAR-22 82 17:3S FROM:DBRIEN g HENNESSY 610-429-~750 T0:4123925367 PAGE:02 MAL°22.2002 2:23PM DMC 4TH FL #2 N0.056 P, 7 IN THE COURT OF COMMON Pr.~4~ 01~ CUi~ CGU INSLrRANCE COM~ANy, a/s/o M17 ~1:.$ and DIANE MIL~.S AND DIANE KIRKHUFF, Plai~ti~s, D. iVL BOWiVL~ aud DAI~Y~ LEE/_OWERy, Defendant. ~B~ COUlvIT, PNNNSYLVANIA CIVIL DIVIN1ON - LAW ~o. 01-7010 B~ unsd for D~fen&nts, hereby a~rce and lldate will be removed from the March 27, ill bc heard after the conciliation of these Ful; Brant T. M~er, Esq. Counsel for Dcfendm~s cou.,,l for Plaintiff, a~d Brant T. Miller, ]~squire, cc stipulate ~o tho follo~_ug: 1. Thc ar~unent on the Motion te Conso 2002 argument list and shslI be posiponed so that it ~ matters in t~ event the conciliation proves uumlcccm AND NOW, to wit, this. ~ ~ day lo'March, 2002, Paul I. H~meuy, Esquire. CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that tree and correct copies of the foregoing STIPULATION OF COUNSEL have been served this 025 ~ day of March 2002, by U.S. first-class mail, postage prepaid, to counsel of record listed below: Paul J. Hennessy, Esquire O'Brien & Hennessy 142 West Market Street, Suite 2 West Chester, PA 19382 Jane Roach, Esquire 726 Ann Street Stroudsburg, PA 18360 DICKIE, McCAMEY & CHILCOTE, P.C. By ~ Brant T. Miller, Esquire CGU INSURANCE COMPANY, ods/o MILES and DIANE KIRKHUFF, and MILES AND DIANE KIRKHLrFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW No. 01-7010 Plaintiffs, D. M. BOWMAN and DARRYL LEE LOWERY, Defendants. STIPULATION OF COUNSEL Filed on behalf of Defendants D.M. Bowman and Darryl Lee Lowery Counsel of record for this party: John T. Pion, Esquire PA I..D. #43675 Brant T. Miller, Esquire PA I.D. #83297 DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 412-281-727 MAR-2S 02 17:35 FROM:OBRIEN & HENNESSY S10-4S9-3750 T0:41239S53S? PAGE:03 MAR=22,2002 2:227M DMC 4TH ~L ~2 N0.056 P, 4 IN TH~ COURT O1~ COMMON PLEA,~ OF CL~ERLAND COUNTY, PENNSYLVANIA CGU~S~CB COM~PANY, a/s/o MILES ~ud DIANE MN.~$ AND DIANE ~, D. M. BOWMAN and DARP, YI, LEE LOWBP, Y, ~ DIVISION' - LAW ~1o. 01-7010 2002, Paul H~sy, ~sq~t~, co~l for Pl~n~' ~d ~c~ ~. ~o~l for prejudice; The &vcrmc~l~s se~ £orth in p~h (E) of Plaintiffs' Complaint is strickm with By Michael F. Blcrone, Esq. Counsel for Defendants CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that tree and correct copies of the foregoing STIPULATION OF COUNSEL have been served this a2K?'' day of March 2002, by U.S. first-class mail, postage prepaid, to counsel of record listed below: Paul J. Hennessy, Esquire O'Brien & Hennessy 142 West Market Street, Suite 2 West Chester, PA 19382 Jane Roach, Esquire 726 Ann Street Stroudsburg, PA 18360 DICKIE, McCAMEY & CHILCOTE, P.C. By ,~ Brant T. Miller, Esquire CGU INSURANCE COMPANY, a/s/o MILES and DIANE KIRKHUFF and MILES and DIANE KIRKHUFF, Plaintiffs Vo D.M. BOWMAN and DARRYL LEE LOWERY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 01-7010 CIVIL TERM DIANE KIRKHUFF, : IN THE COURT OF COMMON PLEAS OF individually and as CUMBERLAND COUNTY, PENNSYLVANIA Executrix of the EState of MILES KIRKHUFF, Plaintiff Vo DARRYL LEE LOWERY and D.M. BOWMAN, INC., Original Defendants, Vo SCHNEIDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER and GRANDSON, INC., DAVID K. DELONG and : JOHNNY SCOTT WEIGNER, : Additional : Defendants : CIVIL DIVISION - LAW NO. 01-7126 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of June, 2002, the following discovery schedule is set: 1. Counsel shall make themselves available for depositions at a mutually agreeable location in Carlisle, Pennsylvania, all day on August 6th and August 7th, 2002. All parties, and all employees of parties, shall be available to be deposed at the request of any other party. Counsel may also schedule any additional depositions they deem appropriate on those days. 2. The parties shall respond by July 23, 2002, to all written discovery filed prior to June 23, 2002. 3. Within 15 days of today's date, the parties shall exchange information with regard to the location of the vehicles involved in this accident. 4. Any vehicle involved in this accident which is currently in possession or under the control of any party shall be made available for inspection between the dates of August 7, 2002, and September 6, 2002. 5. All supplemental written discovery shall be filed no later than December 1, 2002. 6. All depositions shall be completed no later than January 30, 2003. All expert reports shall be filed by February 15, 2003. 7. Any dispositive pretrial motions, such as a motion for summary judgment, shall be filed no later than March 15, 2003. The Court intends that these deadlines be complied with absent extraordinary circumstances. By the Court,__ Jane Roach, Esquire Attorney for Plaintiff Michael F. Nerone, Esquire Attorney for Original Defendants Dale A. Betty, Esquire Attorney for Additional Defendants Schneider National Carriers, Inc., and Johnny Scott Weigner Kimberley J. Woodie, Esquire Attorney for Additional Defendants Herbert W. Farenkopf, David Kistler and Grandson, Inc., and David K. DeLong CGU INSURANCE COMP~NY, a/s/o MILES and DIANE KIRKHUFF and MILES and DIANE KIRKHUFF, Plaintiffs Vo D.M. BOWMAN and DARRYL LEE LOWERY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 01-7010 CIVIL TERM DIANE KIRKHUFF, : individually and as : Executrix of the Estate : of MILES KIRKHUFF, : Plaintiff : DARRYL LEE LOWERY and D.M. BOWMAN, INC., Original Defendants, SCHNEIDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER and GRANDSON, INC., DAVID K. DELONG and : JOHNNY SCOTT WEIGNER, : Additional : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 01-7126 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of June, 2002, after conference with counsel, and over the objection of counsel for Defendant Schneider National Carriers, Inc., the above-captioned cases are consolidated for purposes of discovery. We shall address the issue of consolidation for purposes of trial at the pretrial conference. By the Court, Edward E. Guido, J. Jane Roach, Esquire Attorney for Plaintiff Michael F. Nerone, Esquire Attorney for Original Defendants Dale A. Betty, Esquire Attorney for Additional Defendants Schneider National Carriers, Inc., and Johnny Scott Weigner Kimberley J. Woodie, Esquire Attorney for Additional Defendants Herbert W. Farenkopf, David Kistler and Grandson, Inc., and David K. DeLong srs