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HomeMy WebLinkAbout01-0733SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, 1668 Douglas Drive Carlisle, PA 17013 Plaintiffs, VS. KURTA. LEESE 16 Monarch Lane Mechanicsburg, PA 17055 and SHAFFER TRUCKING INC, 44 East Main Street New Kingston, PA 17072 Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. Ot- 733 CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO TItE PROTHONOTARY OF SAID COURT: action, Please issue a vwit of summons against the Defendants in the above-captioned 2 Writ of Summons shall be issued and forwarded to the Sheriff. Respectfi_flly submitted, TOMASKO & KORANDA, P,C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICHAEL A. KORANDA Atty. I.D. No. 58808 WRIT OF SUMMONS TO: KURTA. LEESE and SHAFFER TRUCKING INC. YOU ARE NOTIFIED THAT SANDRA O. MCKEEHAN AND JOHN MCKEEHAN, HUSBAND AND WIFE, HAVE COMMENCED AN ACTION AGAINST YOU. SHERIFF' S RETURN CASE NO: 2001-00733 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKEEPIAN SAlqDP~A 0 ET AL VS LEESE KURTA ET AL REGULAR JASON VIOP~AL Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS LEESE KURTA DEFENDANT , at 0014:20 HOURS, on the at 16 MONARCH LANE MECHANICSBURG, PA 17055 KURTA. LEESE a true and attested ~opy of WRIT OF SUMMONS Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 8th day of February together with by handing to 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 6 20 00 10 00 00 34 20 Sworn and Subscribed to before me this 72~ day of Jff~z~Z~ ~2~W / A.D. ~ ~rothonotary So Answer~ .~ R. Thomas Kline 02/09/2001 TOMASKO & KORANDA By: ~ x  eputy She~'iff SHERIFF'S RETURN CASE NO: 2001-00733 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCKEEHAN SANDP~A O ET AL VS LEESE KURTA ET AL REGULAR JASON VIORAL , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 8th day of February , by handing to together with says, the within WRIT OF SUMMONS SHAFFER TRUCKING INC DEFENDANT , at 0015:06 HOURS, on the at 44 EAST MAIN STREET NEW KINGSTON, PA 17072 MARK BREITHAUPT (CEO) a true and attested copy of WRIT OF SUMMONS 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.34 Affidavit .00 Surcharge 10.00 .00 20.34 Sworn and Subscribed to before me this JR ~ day of .'n%. ~ ~rothonotar~ ! ' So Answers: R. Thomas Kline 02109/2001 TOMASKO & KOR3kNDA SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs KURTA. LEESE and SHAFFER TRUCKING INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants Kurt A. Leese and Shaffer Truck'mg, Inc., in the above captioned action. Date: PET By: ~etl ~W/,~EFSKI ~sH. Bonetti, Esquire Attorney I.D. #34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Entry of Appearance ha.,; been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this ]3/4° day of J'-~bgUo~nx.[ , 2001, addressed as follows: Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 PETERS & WASILEFSKI SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs KURTA. LEESE and SHAFFER TRUCKING INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Please issue a Rule upon Plaintiffs to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. DEN~S J.BONETTI, ESQUIRE Attorney I.D. #34329 Date: ,/ 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Counsel for Defendants, Kurt A. Leese and Shaffer Tracking, Inc. RULE TO THE PLAINTIFFS: You are hereby ordered and directed to file your Complaint agaimt the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment no!a pr. os Dated:~-~ Prothonotary~i~7'-~ I HEREBY CERTIFY that a tree and correct copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this /,~Jl/q_ day of -~. ~/LL/aA~ ,2001, addressed as follows: Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 PETERS & WASILEFSKI o e ~q d m [- SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs KURTA. LEESE and SHAFFER TRUCKING INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on the I~ay of ~h/uaa~ ,2001 and served on the date reflected in the attached Certificate of Service. Attorfl I.D. #34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Counsel for Defendants, Kurt A. Leese and Shaffer Trucking, Inc. SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs KURTA. LEESE and SHAFFER TRUCKING INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County in the above-captioned action on the ~.~day of ~lcgV.Leb~ , 2001, upon counsel for Plaintiff, Michael Koranda, Esquire, Tomasko & Koranda, 219 State Street, Harrisburg, PA 17101, by mailing the same ceff~fied mail, postage prepaid, and deposited at Harrisburg, Permsylvan~a on the ![t~b~day of ~'e~ t~ 2001. PETERS & WASILEFSKI I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe with Attached Certificate of Service has been duly served upon al/counsel of record and parties of interest by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this lip~r~ day of ~'-~i~_~ , 2001, addressed as follows: Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 PETERS & WASILEFSKI SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wifE, VS. Plaintiffs, KURTA. LEESE and SHAFFER TRUCKING INC. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO.: 01-733 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 (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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, VS. Plaintiffs, KURTA. LEESE and SHAFFER TRUCKING, INC. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiffs. Sandra O. McKeehan and John McKeehan, husband and wife, by and through their attorneys, TOMASKO & KORANDA, P.C., and files the following Complaint against Defendants, Kurt A. Leese and Shaffer Trucking Inc., averring: Parties 1. Plaintiffs, Sandra O. McKeehm~ m~d John McKeehan, are adult individuals presently residing at 1668 Douglas Drive, Carlisle, Cumberland County, Pe~msylvania. At all times relevant hereto, Plaintiffs were married to one another and are husband and wife. 2, Defendant, Kurt A. Leese is an adult individual presently residing at 16 Monarch Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Shaffer Tracking, Inc., is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principle place of business at P.O. Box 1920, 44 East Main Street, New Kingstown, Cumberland County, Pennsylvania. Venue and Jurisdiction 4. Venue is proper in this judicial district pursuant to Rules 1006 and 2179 of the Pennsylvania Rules of Civil Procedure. 5. The amount in controversy claimed by Plaintiffs in the instant action exceeds the jurisdiction limit requiring compulsory arbitration pursuant to the Local Rules of this Court. Factual Background 6, On May 12, 1999, at 0912 hours, Plaintiff; Sandra O. McKeehan, was operating 1998 Chevrolet Blue Bird school bus in an northbound direction on SR-00 l 1/Carlisle Pike, at or near its intersection with SR-1011/Silver Spring Road, in Silver Spring Township, Cumberland County, Pennsylvania, 7. On that same date and time, Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., was operating a 1995 Freightliner tractor/trailer combination owned by Defendant, Shaf~Er Trucking, Inc. in a northbound direction on SR-0011/Carlisle Pike, at or near its intersection with SR-1011/Silver Spring Road, in Silver Spring Township, Cumberland County, Pennsylvania. Specifically, Defendant, Kurt A. Leese, was operating the aforementioned vehicle immediately behind and in the same lane of travel as the vehicle operated by Plaintiff, Sandra O. McKeehan. 8. The aforementioned intersection is regulated by traffic control signals exhibiting different colored lights for each direction of travel. 9. As Plaintiff', Sandra O. McKeehan, approached the aforementioned intersection, the traffic control signal exhibited a steady red light for her direction of travel. Consequently, Plaintiff, Sandra O. McKeehan, brought her vehicle to a full and complete stop immediately -2- before the intersection, and Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., brought his vehicle to a full and complete stop immediately behind the vehicle operated by Plaintiff, Sandra O. McKeehan. 10. After the traffic signal changed to a steady green light, Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., suddenly and unexpectedly, caused his vehicle to strike the rear of the vehicle operated by Sandra O. McKeehan, causing the injuries and damages set forth below. Count I Plaintiff, Sandra O. McKeehan vs. Defendant, Kurt A. Leese 11. The aforementioned collision occurred solely as the result of the negligence, recklessness and carelessness of Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaff~r Trucking, Inc., and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff; Sandra O. McKeehan. 12. The negligence, recklessness and carelessness of Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaf£er Trucking, Inc., consisted of the following: (a) (b) (c) (e) (0 Operating a motor vehicle in willful and wanton disregard for the safety of persons and property of others in violation of 75 Pa. C.S.A. § 3736(a); Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. § 3736(a); Operating a motor vehicle in careless disregard for the safety of persons or property in violation of 75 Pa. C.S.A. § 3714; Operating a motor vehicle without regard to traffic control signals in violation of 75 Pa. C.S.A, § 311 l(a); Operating a motor vehicle at an unsafe speed in violation of 75 Pa. C.S.A, § 3361; and Failing to operate a motor vehicle in such a manner as to avoid causing a -3- collision. 13. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Kurt A, Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc,, Plaintiff, Sandra O. McKeehan suffered the following injuries, some or all of which may be permanent: (a) Cervical strain/sprain; (b) Upper trapezius pain; (c) Chronic headaches; and (d) Miscellaneous aches and pains. 14. As a direct and proxhnate result of the negligence, carelessness and recklessness of Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., Plaintiff, Sandra O. McKeehan, has required medical treatment and has incurred expenses in connect/on therewith for medicines, medical care, hospitalization and other medical services for which a claim is hereby made. 15. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaff~r Trucking, Inc., Plaintiff, Sandra O. McKeehan, has suffered in the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment, disfigurement and deformities for which a claim is hereby made. 16. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., Plaintiff, Sandra O. McKeehan, has in the past been and may in the future be disabled ~?om performing her usual duties, occupations, and avocations with a consequent loss of earnings, earning power and earning potential for which a claim is hereby made. WHEREFORE, Plaintiff, Sandra O. McKeehan, demands damages of Defendant, Kurt A. Leese, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Count II Plaintiff, John McKeehan vs. Defendant, Kurt A. Leese Paragraph Nos. 1 through 16 are incorporated herein by reference as if fully set 17. forth below. 18. As a direct and proximate resolt of the above-described negligence, recklessness and carelessness of Defendant, Kurt A. Leese, individually and as agent, servant or employee of Defendant, Shaffer Trucking, Inc., Plaintiff, John McKeehan, has in the past been and may in the future be denied the consortium and services of his wife, Plaintiff, Sandra O. McKeehan, for which a claim is hereby made. WHEREFORE, Plaintiff, John McKeehan, demands damages of Defendant, Kurt A. Leese, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Count Ill Plaintiffs, Sandra O. McKeehan and John McKeehan vs. Defendant, Shaffer Trucking, Inc. Paragraph Nos. 1 through 18 are incorporated herein by reference as if fully set 19. forth below. 20. At all times relevant hereto, Defendant, Kurt A. Leese, was acting as the agent, -5- servant and/or employee of Defendant, Shaffer Tracking, Inc., and was operating the vehicle of Defendant, Shaffer Trucking, Inc., with its knowledge or consent, express or implied. 21. Defendant, Shaffer Trucking, Inc., is jointly and severally liable for the aforementioned negligence, recklessness and carelessness of Defendant, Kurt A. Leese, and for the aforementioned injuries and damages caused by Defendant, Kart A. Leese. WHEREFORE, Plaintiffs, Sandra O. McKeehan and John McKeehan, demand damages of Defendant, Shaffer Trucking, Inc., in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICHAEL A. KORANDA PA ID #58808 -6- VERIFICATION I verify that the statements made in the attached COMPLAINT are true and correct to the best of my knowledge, inibrmation and belief. I understand that false statements herein are made subject to penalties ofl8 Pa, C.S. {}4904 relating to unswom falsification to authorities. DATED: LA W OFFICES TOMASKO & KORANI~A, P.C. 219 STATE STREET HA~.mS~URO, PENNSYLVANIA 17101 TELEPHONE: (717) 238-1100 FAX: (717] 238-61q0 CERTIFICATE OF SERVICE AND NOW. this ~dr/Cctay of /'~z,,q~ ?~ ,2001, I, Michael A. Koranda, Esquire, attorney for the Plaintiffs, hereby certify that l served the within COMPLAINT this day by: U.S. Mail, first class, postage prepaid, addressed to: Dennis J. Bonetti, Esquire PETERS & WASILEFSKI 2'.931 N. Front Street Harrisburg, PA 17110-1280 Attorney for Defendants MICHAEL A. KORANDA SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs KURTA. LEESE and SHAFFER TRUCKING, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 01-733 : · CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiffs, Sandra O. McKeehan and John McKeehan, c/o their counsel, Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: By: P: tS & W/~'$ILEFSKI ~ Esquire Attor/ney I.D. #34329 2931' North Front Street Harrisburg, PA 17110 717-238-7555 Counsel for Defendants, Kurt A. Leese and Shaffer Trucking, Inc. SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs KURTA. LEESE and SHAFFER TRUCKING, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: 01-733 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes Defendants, Kurt A. Leese and Shaffer Trucking, Inc. (hereinafter "Defendants") by and through their counsel, Peters & Wasilefski, and hereby files the following Answer to Plaintiffs' Complaint: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph l of Plaintiffs' Complaint and the same are therefore denied, 2. Admitted. 3. Admitted, 4. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 4 of Plaintiffs' Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 4 are denied pursuant to Pa.R.C.P. 1029(e). 5, Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 5 of Plaintiffs' Complaint state conclusions of law to which 2 no answer is required. To the extent that a further answer is required, the averments contained in paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. The averments contained in paragraph 6 are denied pursuant to Pa.R.C.P. 1029(e). 7. Admitted in part and denied in part. It is admitted that Kurt A. Leese was the agent, servant or employee of Shaffer Trucking, Inc. and that he was operating a 1995 Freightliner tractor-trailer combinations owned by Shaffer Trucking, Inc. The remaining averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. The averments contained in paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. Pa.R.C.P. 1029(e). 10. Denied. Pa.R.C.P. 1029(e). The averments contained in paragraph 9 are denied pursuant to The averments contained in paragraph 10 are denied pursuant to COUNT I PLAINTIFF, SANDRA O. MCKEEHAN v. DEFENDANT, KURTA. LEESE 1 I. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 11 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). 3 12. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 12 including sub-paragraphs (a) through (f) inclusive state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 12 including sub-paragraphs (a) through (f) inclusive are denied pursuant to Pa.R.C.P. 1029(e). 13. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 13 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Kurt A. Leese is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff, and the same is therefore denied. 14. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 14 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Kurt A. Leese is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff, and the same is therefore denied. 15. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 15 state conclusions of law to which no answer is required. 4 To the extent a further answer is required, the averments contained in paragraph 15 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Kurt A. Leese is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff, and the same is therefore denied. 16. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 16 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 16 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Kurt A. Leese is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of injuries suffered by Plaintiff, and the same is therefore denied. WHEREFORE, Kurt A. Leese demands judgment in his favor and against Sandra O. McKeehan without costs. COUNT II PLAINTIFF, JOHN MCKEEHAN v. DEFENDANT, KURTA. LEESE 17. Denied. Kurt A. Leese hereby incorporates the answers to paragraphs 1 through 16 as though the same were fully set forth herein at length. 18. Denied. Kurt A. Leese is advised by counsel and therefore avers that the allegations contained in paragraph 18 state conclusions of law to which no answer is required. 5 To the extent a further answer is required, the averments contained in paragraph 18 are denied pursuant to Pa. R.C.P. I029(e). By way of further answer, after reasonable investigation, Kurt A. Leese is without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of damages suffered by John McKeehan, and the same is therefore denied. WHEREFORE, Kurt A. Leese demands judgment in his favor and against Jotm McKeehan, without costs. COUNT III PLAINTIFFS, SANDRA O. MCKEEHAN AND JOHN MCKEEHAN v. DEFENDANT, SHAFFER TRUCKING, INC. 19. Denied. Shaffer Trucking hereby incorporates the answers to paragraphs 1 through 18 as though the same is fully set forth herein at length. 20. Admitted. 21. Denied. Shaffer Trucking, Inc. is advised by counsel and therefore avers that the allegations contained in paragraph 21 state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 21 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Shaffer Trucking, Inc. demands judgment in its favor and against Sandra O. McKeehan and John McKeehan without costs. NEW MATTER 22. Plaintiffs' claims are barred by the applicable statute of limitations. 23. Any damages Plaintiffs may recover in this action should be reduced or barred, in whole or in part, by the Pennsylvania Motor Vehicle Responsibility Act, as amended. 24. Plaintiffs' alleged injuries and damages, if any, which are specifically denied, may have been caused, either in whole or in part by the acts or omissions of third parties other than Defendant. 25. Plaintiffs' alleged injuries and damages, if any, which are specifically denied, may have been pre-existing, either in whole or in part and are not causally related to the accident giving rise to the present litigation. 26. Plaintiffs' claims are reduced or barred by the Comparative Negligence Act. Plaintiffs' contributory negligence consisted of, but is not limited to: a. Failing to keep a proper lookout; b. Failing to pay attention to vehicles on the roadway; and c. Failing to take evasive maneuvers in an attempt to avoid the alleged impact. 27. Discovery may reveal that Plaintiffs' claims may be barred in whole or in part by one or more affirmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata, release or immunity from suit. 7 WHEREFORE, Kurt A. Leese and Shaffer Trucking, Inc. demand judgment in their favor and against Plaintiffs, without costs. By: PETERS &~WASILEFSKI s J. Bonetti, Esquire At~ rney I.D.//34329 2931 North Front Street Harrisburg, Pennsylvania 17110 717-238-7555 Counsel for Defendants, Kurt A. Leese and Shaffer Trucking, Inc. 8 M~R-O@-2001 16:56 TRaNSPORTaTION CLRIMS INC ?i97958774 P.02×03 VEKIIrlCA?ION I hereby atTa'm that the following facts ~e correct: I am the Defendant in this matter. The attached Answer and New Matter to PlaintiWs Complaint is based upon information which ! have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Amwer and New MaRer to Plaintiff's Complaim is that of counsel and not of me. I have read the Answer and New Matter to Plaintiff's Complaint and to the extent that the same is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the A~swer and New Matter to PlaintifFs Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer and New Matter to PlaintifFs Complaint ar~ made subject to the penalties of 18 Pa. C.S Section ~,904 relating to unawocn f~,lsification to authorities. Shaffer Trucking,guef Date: 16:57 TRANSPORTATION CLAIMS INC 7177958774 P.0~/03 VERIFICATION I hereby affirm that the following facts are correct: I am the Defendant in this matter. The attached Answer and New Matter to Plaimiffs Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Answer and New Matter to Plaintiff's Complaint is tllat of counsel and not of me. I have read the Answer and New Matter to Plaimiff's Complaint and to the extent that the same ia based upon information which ! have given to my counsel, it is true and correct ~ the best of my knowledge, information and belief, To the extent that the content of the Answer and New Matter to Plaintiff's Complaint ia that of counsel, I have reIied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer and New Matter to Plaintiff's Complaint are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. TOTAL P.03 I HEREBY CERT]'.FY that a tree and correct copy of the foregoing Answer with New Matter has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, on this ~/c~ day of ~?~.~'~, 2001, addressed as follows: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 PETERS & WASILEFSKI [..q l'q m ~o SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, VS. Plaintiffs, KURTA. LEESE and SHAFFER TRUCKING, INC. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO,: 01-733 CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER NOW COMES Plaintiffs, Sandra O. McKeehan and John McKeehan, husband and wife, by and through their attorneys, TOMASKO & KORANDA, P.C., and replies to the New Matter of Defendants, Kurt A. Leese and Shaffer Trucking Inc., averring: 1-21. The allegations contained in Paragraph Nos. 1-21 of the Complaint are incorporated herein by reference as if fully set forth at length. 22. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. 23. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see Paragraph Nos. 11 and 12 of the Complaint. 24. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see Paragraph Nos. 11 and 12 of the Complaint. 25. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see Paragraph Nos. 11 and 12 of the Complaint. 26. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, see Paragraph Nos. 11 and 12 of the Complaint. 27. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial. To the extent that a further answer is required, the allegations of this paragraph are specifically denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiffs, Sandra O. McKeehan and John McKeehan, demand damages of Defendant, Shaffer Trucking, Inc., in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICHAEL A. KORANDA PA ID #58808 -3- CERTIFICATE OF SERVICE AND NOW, this/~'Aday of ,~oC ~' ,2001, I~ Michael A. Koranda, Esquire, attorney for the Plaintiffs, hereby certify that I served the within REPLY TO NEW MATTER this day by: U.S. Mail, first class, postage prepaid, addressed to: Dennis J. Bonetti, Esquire PETERS & WASILEFSKI 2931 N. Front Street Harrisburg, PA 17110-1280 Attorney for Defendants MICHAEL A. KORANDA SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs V KURTA. LEESE and SHAFFER TRUCKING INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documems and things pursuam to Rule 4009.22, Defendants, by and through their attorneys, certify that: (1) A notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intern, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoenas has been received, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. DATE: P BY:? ASILEFSKI rNIS J. BONETTI, ESQUIRE Afl ~rney I.D. 34329 2931 North Front Street Harrisburg, PA 17110 (717)238-7555 Attorney for Defendants SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs KURTA. LEESE and SHAFFER TRUCKING INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. BY: Attorney I.D. 34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Attorney for Defendants ~ OF PSI%RqSYL~ COUNTY OF O3M~WRLA~D Sandra 0. McKeehan and John McKeehan, husband and wife, Plaintiffs Kurt A. Leese and Shaffer Trucking, Inc. Defendants File No. 01-733 SUBPf~NA TO PR(X~JCE DCCtI~NT$ O~ THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, William J. Phelan, M.D., 2 Tyler Court, Carlisle, PA 17013 (Name of Perscn or Entity) Within twenty (20) days afte~ service of this subpoena, you a~e ordered by the court to produce the roi]owing docunemts or things: Complete cop~es of any and all medical records, reports and diagnostic studies regarding Sandra O. McKeehan at Peters & Wasilefski, 2931 North Front Street, Harrisburg~ PA 17110-1ZSU (Address) You may deliver o~ mail legible copies of the docunents c~ produce things requested by this sub--a, togethe~ with the certificate of cc~oliance, to the pa~ty making this request at the address listed above. You have the right to seek in advance the reasonable :ost of preparing the copfes or uroducing the things sought. tf you fail to produce the documents o~ things required by this sub~x:~na within twenty 20) days after its service, the perry serving this subpoena may seek a court order ~,~elling you to c:~i~,ly with it. HIS SUBPOENA WAS ISSUED ATT HE RE(iLESTCF THE FOLLOWING PERSON: %ME: Dennis J, Bonetti, Esquire ~ORES$: 2931 Nor~:Front Street Harrisburg, PA 17110-1280 iLEPHONE: (717) 238-7555 34329 PREt~ COJRT ID # TC~NEY FCR: Defendants BY THE CCURT: Seal of the Ccitt Prothonotary/Clerk, Civil Division Deputy (Elf. 7/97) ~ OF p~"ZLVANIA CDtmTY OF Ct~n~ Sandra 0. McKeehan and 3oknMcKeehan, husband and wife, Plaintiffs Kurt A. Leese and Shaffer Trucking, Inc., Defendants : File No. 01-733 SUBPOENA TO Pi':K:~JC~ ~CtI~I~NTS O~ THINGS FO~ D I SCOVER¥ PURSUANT TO RULE 4009.22 Records CUstodian, Masland Associates, 220 Wilson Street, Med/aal Arts Building, Suite 10~ TO: (N~me of Person or Entity) Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are o~de~ed by the court to produce the following docxrnenta on things: Complete copies of any and all medical records, reports and diagnostic studies re§arding Sandra 0. HcKeehan at Peters & Wasilefski, 2931 North Front Street, Harrisburg, PA 17110-1280 (Address) You may deliver o~ mai] legible copies of the documents o~ produce thingsre~uested by ;his subpoena, to~ethe~ with the cemt~ficate of ~]~ce, to the p~ty~in~ th~s · ~uest at ~he addmess )ist~ ~ve. Y~ have ~e ri~t to s~k in a~e the re~onab]e :oat of prepping the ~p~es or pro~cing the ~imgs s~t. If you fail to produce the documents o~ things required by this subpoena within twenty 20) days after its service, the pa~ty serving this subpoena may seek a court order ~e]~ing you to cu~ly with it. SU~K~.NA WAS ISSUED ATT HE R£(~/6STC~TH~ FO~LOWIN~ PER~ON: Dennis J. Bonetti, Esquire O~E$$: 2931 North Front Street ~{arrisburg, PA 17110-1280 _~: (717) 238-7555 ~5~ COOPT lO ~ 34329 D~N~YFO~: Defendants BY THE CCURT: Sea] of the Court Prothonotary/Clerk, Ci¥i! oivision Deputy (Eff. 7/97) (I]~VWEALT~ OF PENNSYLVANIA Sandra Oi McKeehan and John McKeehan, husband and wife, Plaintiffs Kurt A. Leese and Shaffer Trucking, Inc. Defendants No. 01-733 SUBPOENA TO P~ COCM~ENT$ ~ THINGS FO~ DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Richard H. Hallock, M.D., 875 Poplar Church Road, Camp Iiill, PA 17011 (Name of Pe~soo or Entity) Within twenty (20) days after service of this subpoena, you ame omdered by the court to produce the following doc~nents or things: Complete cop%es of any and all medical records, reports and diagnostic studies regarding Sandra 0.i~!McKeehan at Peters & Wasilefski, 2931 North Fr0nt~Street, It~rrisburg, PA 17110-1280 (Address) You may deliver o~ mail legible copies of the doc~nemts or produc~ things requested by this subooena, togethe~ with the certificate of ccn~oliance, to the pamtymaking this -equest at bhe address listed above. You have the right to seek in advance the reasonable :oat of preparing the copies or producing the things sought. If you fail to produce the docunents o~ things required by this subpoena within twenty 20) days after frs service, the party sarving this sub~x~enamay seek a court order c~oe]]ing you to c~,~]y with it. HIS SUB~NAWA$ ISSUED AT THE RECt~STC~ TM5 FOtLCWING PERSCN: ~: Dennis J. Bonetti, Esquire ~ES$:2931 North Front Street Harrisburg, PA 17110-1280 iLEP~NE: (717) 238-7555 PR~ COROT ID # 34329 TO~N~' FO~: Defendants BY TMECCU~T: Sea] of the Court Prothonotary/Clerk, Civil Division Deputy (Eff. ~/97) CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel and parties of interest by placing the same in the United Stated mail, first-class, postage prepaid, at Harrisburg, Permsylvarda on tl~ of ~7~)~/.~/~-=-g001 and addressed as follows: Brian A. McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 PETEORS & WASILE]~KI~ I hereby certify that I have served a true and correct copy of the Ioregmng CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 upon all counsel and parties of interest by placing the same in the United Stated mail, first-class, postage prepaid, at Harrisburg, Pennsylvania on this/_~day ,2001 and addressed as follows: Brian A. McCall, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 PE~A~RS & WASIL~SKI BY: SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs, VS. KURT A, LEESE and SHAFFER TRUCKING, 1NC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-733 CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly mark the above-captioned action settled, discontinued and ended with costs assessed to Plaintiffs. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICHAEL A. KORANDA PA ID #58808 SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs KURTA. LEESE and SHAFFER TRUCKING INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01~733 CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA(S) PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena(s) for documents and things pursuant to Rule 4009.22, Defendants, by and through their attorneys, certify that: (1) A notice of intent to serve the subpoena(s) with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) are sought to be served, (2) a copy of the notice of intent, including the proposed subpoena(s), is attached to this certificate, (3) no objection to the subpoena(s) has been received, and (4) the subpoena(s) which will be served are identical to the subpoena(s) which are attached to the notice of intent to serve the subpoena(s). DATE: PI BY:~D(' ~ASILEFSKI NIS I. BONETTI, ESQUIRE A~ omey I.D. 34329 2931 North Front Street Harrisburg, PA 17110 (717)238-7555 Attorney for Defendams SANDRA O. MCKEEHAN and JOHN MCKEEHAN, husband and wife, Plaintiffs V. KURTA. LEESE and SHAFFER TRUCKING INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01~733 CIVIL ACTION - LAW NOTICE OB' I/WfENT TO SERVE SUBPOENA(S) TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoena(s) identical to the ones that are 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(s). If no objection is made, the subpoena(s) may be served. PI BY: ~ ~ &/~SILEFSKI iNIS I. BONETTI, ESQUIRE A'~ orney I.D. 34329 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Date: ~']' ~ ~'~' -0'~'" Attorney for Defendants ~T~ OF PSINIX~YLVBNIA CDLRCi~ OF CUMbeRLAND Sandra 0. McKeehan and John McKeehan, husband and wife, Plaintiffs Kurt A. Leese and Shaffer Trucking, Inc. Defendants File No. 01-733 SUBPCENA tO PRCOUC~ DOCtJ~ENTS O~ THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Records Custodian~ ?enns Wood Physical Therapy, 419 Stonehedge Drive, Suite (Name of Person or Entity) Carlisle, PR 17013 Within twenty (20) days after service of this sub~ena, you are ordered by the court to ~roduce the following dcctrnents or thin-s' Complete copies of any and all medical records, reports and d~nostic s~udles ~ega~di~¥ Sandra McKeehan at Peters & Wasilefski, 2931 North Front Street, Harrisburg, PA 17110 (Address) Yc~ n%~y deliver or mail legible cc~ies of the documents or produce things requested b' this subpoena, togethem with the certificate of c~,~]iamce, to the party making thi: request at ~he address listed above. You have the ri~ht to seek in advance the reascnabl. coat of preparimg the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twent (20) days after its service, the party serving this subpoena may seek a court orde cc~elling you to co~ply with it. THIS SUBPOeNA WAS ISSUED AT THE RE(ltJESTOFTHEFOLLCWINGPERSON: NAME: Dennis J. Bonetti, Esquire 2931 North Front Street ,,~-'~D~ESS: Harrisburg, PA 17110 TELEPP~NE: (717) 238-7555 SUPRE~,~ CO.~T ID ~ 34329 A]-F~NEY FO~: Defendants BY THE C¢3JRT: gA ,,~E: Sea] of the C~rt Prcthcmotary/Clark, Civil Division Deouty CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel and parties of interest by placing the same in the United Stated mail, first-class, postage prepaid, at Harrisburg, Pennsylvania orr thisq 'day of , 2002 and addressed as follows: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 P/E~/T~.RS & WASILEFSKI CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 upon all counsel and parties of interest by placing the same in the United Stated mail, first-class, postage prepaid, at Harrisburg, Pennsylvania on thi~2~___~/dayC3rh of~7~ ,2002 and addressed as follows: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 PE/~3jRS & WASILEFSKI