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Home My WebLink About04-3104i MONTE L. SNAVLEY and PAMELA L. SNAVLEY 164 Texaco Road Mechanicsburg, PA 17055 Plaintiffs V. KLEIN TRUCKING, INC. 314 S. Broadway #101 Ada, OK 74820, and KLEIN TRUCKING, INC. PO Box 353, 406 W. Elm Street Alvord, TX 76225, and DAVID KLEIN, Individually and DAVID KLEIN T/D/B/A KLEIN TRUCKING, INC. PO Box 353, 406 W. Elm Street Alvord, TX 76225, and RONALD LOUIS KWASNICKA RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143; and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/D/B/A SUNDAY TRUCKING : 78 E. Main Street New Kingstown, PA 17072 Defendants IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OV- 304 CIVIL ACTION - LAW PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above captioned action, which arises from X Writ of Summons shall be issued and forwarded to Date: ?/OX automobile accident. Doan Bratic Supreme Court ID No. 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs SUMMONS IN CIVIL ACTION SUMMONS IN CIVIL ACTION TO: KLEIN TRUCKING, INC. 314 S. Broadway #101 Ada, OK 74820, and KLEIN TRUCKING, INC. PO Box 353, 406 W. Elm Street Alvord, TX 76225, and DAVID KLEIN, Individually and DAVID KLEIN T/D/B/A KLEIN TRUCKING, INC. PO Box 353,406 W. Elm Street Alvord, TX 76225, and RONALD LOUIS KWASNICKA RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143; and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING 78 E. Main Street New Kingstown, PA 17072 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAS COMMENCED AN ACTION AGAINST YOU. Date: ?Q7 j P othonotar? XlerAlil Division By: AU4 ?r) "O? Deputy ? m _ MONTE L. SNAVLEY and : IN THE COMMON PLEAS COURT OF PAMELA L. SNAVLEY : CUMBERLAND COUNTY, PENNSYLVANIA 164 Texaco Road Mechanicsburg, PA 17055 Plaintiffs NO. 04-31104 V. CIVIL ACTION - LAW KLEIN TRUCKING, INC. 314 S. Broadway #101 Ada, OK 74820, and KLEIN TRUCKING, INC. PO Box 353, 406 W. Elm Street Alvord, TX 76225, and DAVID KLEIN, Individually and DAVID KLEIN T/D/B/A KLEIN TRUCKING, INC. PO Box 353,406 W. Elm Street Alvord, TX 76225, and RONALD LOUIS KWASNICKA RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143; and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/D/B/A SUNDAY TRUCKING : 78 E. Main Street New Kingstown, PA 17072 Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Re-Issue summons in the above captioned action, which arises fro n an automobile accident. X Writ of Summons shall be issued and forwarded to Art Date Dillsburg, PA 17019 (717)432.9706 Attorney for Plaintiffs Supreme Court ID No. 19249 101 South U.S. Route 15 !il C ° r -? .?., cr X 5577 Q L; 7 C c W CJ't ? IN THE COMMOC P LEAS pENNS o V ANIA CUMBERLAND MONTE L. SNAVLEY and PAMELA L. SNAVLEY 164 Texaco Road 17055 Oq_3104 Mechanicsburg, FA Plaintiffs NO DN - LAW CIVIL ACTF V. KLEIN TRUCKING, INC. 314S . Broadway #101 Ada,OK 7UCKIN? IN C' KLEIN TR 406 W Elm Street PC) AlvordBox X' 76225, and KLEIN Al,T In dividuallyandDAVII1 DAVID KLEIN, G INC. TIDIB/A KLEIN TRE' Street PO Box 353, 406 W Alvord, TR 76225' and RONALD LOUIS KW ASNICKA RD #1 Box 1055 Pulaski Road North West Bedford Pulaski, PA 16143; and SUNDAY, individually and TRUCKING THOMAS THOMAS SUNDAY TIBIA SUN 78 E. Main Street New Kingstown,PA 17072 Defendants WPJ.I. OFOF SUS pgp?ECIPE TO REISSUE TO THE PROTHONOTARYICLERK OF SAID COURT: ned action, which arises X Re-Issue summons in the above capno Writ of Summons shall be issued and forwarded to Attorney. Date: I an automobile accident. Dusan Bratic 19249 Supreme Court ID No ute 15 101 South U .S. P-out Dillsburg, PA 17019 (717)432-9706 Attorney for Plaintiffs C7 nT -?j;'` fn Tr rn -YT 1TT-._ I l3 RT :i m ma ( y v -c SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNAVLEY MONTE L ET AL VS KLEIN TRUCKING INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KWASNICKA RONALD LOUIS but was unable to locate Him deputized the sheriff of LAWRENCE in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 9th , 2004 , this office was in receipt of the attached return from LAWRENCE Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Lawrence Co 39.50 .00 64.50 08/09/2004 DUSAN BRATIC So answer R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 3ft-,V day of "I ,2, 00 A. D. Q, ?_. Prot onoka y SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2004-03104 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SNAVLEY MONTE L ET AL VS. KLEIN TRUCKING INC ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT KLEIN DAVID , by United States Certified Mail postage prepaid, on the 6th day of July 2004 at 0000:00 HOURS, at PO BOX 353 406 W ELM STREET ALVORD, TX 76225 and attested copy of the attached WRIT OF SUMMONS with receipt card was signed by BARBARA KLEIN 07/09/2004 . Additional Comments: Sheriff's Costs: Docketing 18.00 Service 4.42 Affidavit .00 Surcharge 10.00 .00 32.42 Paid by DUSAN BRATIC Sworn and subscribed to before me this /.i day of 06 A . D. /i thonotary a true Together The returned on So answers* _,- R. Thomas Kline Sheriff of Cumberland County on 08/09/2004 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2004-03104 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SNAVLEY MONTE L ET AL VS. KLEIN TRUCKING INC ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT KLEIN DAVID T/D/B/A KLEIN , TRUCKING by United States Certified Mail postage prepaid, on the 6th day of July 2004 at 0000:00 HOURS, at PO BOX 353 406 W ELM STREET ALVORD, TX 76225 and attested copy of the attached WRIT OF SUMMONS with receipt card was signed by BARBARA KLEIN 07/09/2004 . Additional Comments: Sheriff's Costs: Docketing 6.00 Service 4.42 Affidavit .00 Surcharge 10.00 .00 20.42 Paid by DUSAN BRATIC Sworn and subscribed to before me this '3 /wt day of aBn?l A.D. honotary ' a true Together The returned on So answ rs : R. Thomas K ine Sheriff of Cumberland County on 08/09/2004 SHERIFF'S RETURN - REGULAR CASE NO: 2004-03104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNAVLEY MONTE L ET AL VS KLEIN TRUCKING INC ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SUNDAY THOMAS the DEFENDANT at 1453:00 HOURS, on the 13th day of July , 2004 at 78 E MAIN STREET NEW KINGSTOWN, PA 17072 THOMAS SUNDAY, OWNER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 4.44 .00 10.00 R. Thomas Kline .00 20.44 08/09/2004 DUSAN BRATIC Sworn and Subscribed to before By: me this -514,A- day of Qe .a2AUn?l A . D. I?rdthono ar e ty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-03104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNAVLEY MONTE L ET AL VS KLEIN TRUCKING INC ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SUNDAY THOMAS T/D/B/A SUNDAY TRUCKING the DEFENDANT , at 1453:00 HOURS, on the 13th day of July 2004 at 78 E MAIN STREET NEW KINGSTOWN, PA 17072 by handing to THOMAS SUNDAY, OWNER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ,jlAj, day of Q .F a4o? A. D. othonotary So Answers: r R. Thomas Kline 08/09/2004 DUSAN BRATIC By: (7 seep ty Sheriff In The Court of Common Pleas of Cumberland County, Pennsylvania Monte L. Snavley et al vs. Klein Trucking Inc et al SERVE: Ronald Louis Kwasnicka No 04-3104 civil Now, July 6, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lawrence County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to , 20_, at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 20 COSTS SERVICE $ MILEAGE AFFIDAVIT ROBERT L. CLARK, SHERIFF *? 04-3104 Cumberland vc nrP SA& PHONE(724)652.5121 430 COURT ST. NEW CASTLE, PA 16101-3593 ' O ji Office of 6beriff &P Monte L. Snavley and Pamela L. Snavley VS. County Ronald Louis Kwasnicka, et al AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LAWRENCE Before me, the undersigned authority, personally appeared Marcia Sigler Deputy Sheriff who, being duly sworn according to law, deposes and says that on the 22nd day of July , 200 4 , at 11:05 A.M./i@=., blar/she served Praecipe for Summons/ Summons in Civil Action filed at No. 04-3104 af:crakkx, Cumberland County, Pennsylvania, upon defendant Ronald Louis Kwasnicka at 318 Oak Ridge Rd., Pulaski, PA by making known the contents to Ronald Kwasnicka, personally, and handing to and leaving with him a certified copy of the Praecipe/Summons Sworn to and crib d before me thi ay o((f?? 200q -?-' ?HELENI.MOFCGAR Prothonotary 8 Clerk of Courts New Castle, Lawrence County, PA My Commission E><plres First Monday of January 2008 Marcia Sigler Deputy Sheriff SO ANSWERS, ??I``.. 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Z s n n N a 3 m f 3 j ? ??C { O e? _ a a ? h a€ 0 LL_ o co y y _C V N w _ ¢ - W a ' co m ? - c =s Z _ w Q ? - > Z (,D m W o a O .. (D - C? CD Q a d ? W k' Wo- _ Q a ?Ly U Q. (q ? Z U l 2 MONTE L. SNAVLEY and : IN THE COMMON PLEAS COURT OF PAMELA L. SNAVLEY : CUMBERLAND COUNTY, PENNSYLVANIA 164 Texaco Road Mechanicsburg, PA 17055 Plaintiffs NO. 04-3104 V. CIVIL ACTION - LAW KLEIN TRUCKING, INC, 314 S. Broadway #101 Ada, OK 74820, and KLEIN TRUCKING, INC. PO Box 353,406 W. Elm Street Alvord, TX 76225, and DAVID KLEIN, Individually and DAVID KLEIN T/D/B/A KLEIN TRUCKING, INC. PO Box 353, 406 W. Elm Street Alvord, TX 76225, and RONALD LOUIS KWASNICKA RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143; and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/D/B/A SUNDAY TRUCKING : 78 E. Main Street New Kingstown, PA 17072 Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Re-Issue summons in the above captioned action, wh automobile accident. X Writ of Summons shall be issued and forwarded to Atto 4 i Date: 1 # upreme [D No. 19249 101 So uth U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs n ? o c- a -?, :- .?- ??Y? t T' ? ... ? f ['7 ice;: , ; ^Ci V- 1, ? . J }, ": C.. ^?, e' x'C: Cu _s. .. _...., MONTE L. SNAVLEY and : IN THE COMMON PLEAS COURT OF PAMELA L. SNAVLEY : CUMBERLAND COUNTY, PENNSYLVANIA 164 Texaco Road Mechanicsburg, PA 17055 Plaintiffs NO. 04-3104 V. CIVIL ACTION - LAW KLEIN TRUCKING, INC. 314 S. Broadway #101 Ada, OK 74820, and KLEIN TRUCKING, INC. PO Box 353, 406 W. Elm Street Alvord, TX 76225, and DAVID KLEIN, Individually and DAVID KLEIN T/DB/A KLEIN TRUCKING, INC. PO Box 353,406 W. Elm Street Alvord, TX 76225, and RONALD LOUIS KWASNICKA RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143; and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING : 78 E. Main Street New Kingstown, PA 17072 Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Re-Issue summons in the above captioned action, which arises/from an automobile accident. X Writ of Summons shall be issued and forwarded to Attorney. Date: Dusan Bratic Supreme Court ID No. 19249 101 South U.S. Route 15 Dillsburl;, PA 17019 (717) 432-9706 Attorney for Plaintiffs N 0 ? z ?,yy -??: tTl y 6. .+I MONTE L. SNAVLEY and PAMELA L. SNAVLEY 164 Texaco Road Mechanicsburg, PA 17055 Plaintiffs V. KLEIN TRUCKING, INC. 314 S. Broadway #101 Ada, OK 74820, and KLEIN TRUCKING, INC. PO Box 353,406 W. Elm Street Alvord, TX 76225, and DAVID KLEIN, Individually and DAVID KLEIN T/DB/A KLEIN TRUCKING, INC. PO Box 353, 406 W. Elm Street Alvord, TX 76225, and RONALD LOUIS KWASNICKA RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143; and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING : 78 E. Main Street New Kingstown, PA 17072 Defendants NO. 04-3104 CIVIL ACTION - LAW PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Re-Issue summons in the above captioned action, which arise from an automobile accident. X Writ of Summons shall be issued and forwarded to Attorney. Date: ?_ /? D 7 / c7- I ? / : IN THE COMMON PLEAS COURT OF : CUMBERLAND COUNTY, PENNSYLVANIA Dusan Bratic Supreme Court ID No. 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs ? ? ? S ?T Yr? 4 ; J t-r1 ? i co IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENN YLVANIA MONTE L. SNAVLEY and PAMELA L. SNAVLEY 164 Texaco Road Mechanicsburg, PA 17055 Plaintiffs NO. 04-3104 V. CIVIL ACTION - L W KLEIN TRUCKING, INC. 314 S. Broadway #101 Ada, OK 74820, and KLEIN TRUCKING, INC. PO Box 353,406 W. Elm Street Alvord, TX 76225, and DAVID KLEIN, Individually and DAVID KLEIN : T/DB/A KLEIN TRUCKING, INC. PO Box 353,406 W. Elm Street Alvord, TX 76225, and RONALD LOUIS KWASNICKA RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143; and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING 78 E. Main Street New Kingstown, PA 17072 Defendants PRAECIPF, TO REISSUE WRIT OF SUMMONS TO THE. PROTHONOTARY/CLERK OF SAID COURT: Re-issue summons in the above captioned action, which arises fronf an automobile accident. X Writ of Summons shall be issued and forwarded to Attorney. Date: , Dusin Bratic Supreme Court ID No. 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs c. T --i?':+ '-' Tip ::' ?:? - r? ?. ?? ? c a:; - > ?o -,? _-; .:, > ? { ?`;rw { N `C; IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA MONTE L. SNAVLEY and PAMELA L. SNAVLEY 164 Texaco Road Mechanicsburg, PA 17055 Plaintiffs V. KLEIN TRUCKING, INC. 314 S. Broadway #101 Ada, OK 74820, and KLEIN TRUCKING, INC. PO Box 353, 406 W. Elm Street Alvord, TX 76225, and DAVID KLEIN, Individually and DAVID KLEIN T/DB/A KLEIN TRUCKING, INC. PO Box 353,406 W. Elm Street Alvord, TX 76225, and RONALD LOUIS KWASNICKA RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143; and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING : 78 E. Main Street New Kingstown, PA 17072 Defendants NO. 04-3104 CIVIL ACTION - LAW PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Re-Issue summons in the above captioned action, which arises from an automobile accident. _X Writ of Summons shall be issued and forwarded to Attorney. Date: Dus4n Bratic Supreme Court ID No. 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA MONTE L. SNAVLEY and PAMELA L. SNAVLEY 164 Texaco Road Mechanicsburg, PA 17055 Plaintiffs NO. 04-3104 V. CIVIL ACTION - LAW KLEIN TRUCKING, INC. 314 S. Broadway #101 Ada, OK 74820, and KLEIN TRUCKING, INC. PO Box 353,406 W. Elm Street Alvord, TX 76225, and DAVID KLEIN, Individually and DAVID KLEIN : T/DB/A KLEIN TRUCKING, INC. PO Box 353,406 W. Elm Street Alvord, TX 76225, and RONALD LOUIS KWASNICKA RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143; and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING : 78 E. Main Street New Kingstown, PA 17072 Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Re-Issue summons in the above captioned action, which arises fjom an automobile accident. X Writ of Summons shall be issued and forwarded to Attorney. 3(° S Date: ^ Bratic Supreme Court ID No. 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs Y:? :G 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs NO. 04-3104 V. CIVIL ACTION - LAW KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN: T/D/B/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and JURY TRIAL DEMANDED THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants 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 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma eserita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, is corte tomara medidas y puede continuer is demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs NO. 04-3104 V. CIVIL ACTION - LAW KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN : T/DB/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and JURY TRIAL DEMANDED THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants COMPLAINT NOW COMES The Plaintiffs, Monte L. Snavley and Pamela L. Snavley by and through their counsel, Dusan Bratic, Esquire of Bratic & Portko and makes the within Complaint against the Defendants, Klein Trucking, Inc., and David Klein, Individually and Ronald Louis Kwasnicka, and Thomas Sunday and Sunday Trucking as follows: Plaintiffs, Monte L. Snavley and Pamela L. Snavley, are adult individuals, who are husband and wife, residing at 164 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania17055. 2. Defendant, Ronald Louis Kwasnicka, is an adult individual residing at RD #1 Box, 1055 North West Bedford - Pulaski Road, Pulaski, Lawrence County, Pennsylvania 16143. 3. The Defendants, David Klein and Klein Trucking, Inc, a Texas corporation, are believed to have principal offices listed as Post Office Box 353, 406 W. Elm Street, Alvord, Texas 76225. 4. The Defendants David Klein and Klein Trucking, Inc. regularly conduct business in Pennsylvania. The Defendants, Thomas Sunday and Sunday Trucking have offices listed as 78 E. Main Street, New Kingstown, Cumberland County, Pennsylvania, 17072. 6. The facts and occurrences hereinafter related took place on or about July 3, 2002 at or about Route 11 North at SR-114 (Hogestown Road), Mechanicsburg, Cumberland County, Pennsylvania. At the aforesaid time and place, Plaintiff, Monte L. Snavley was the driver of a 1985 Yamaha VMAX Motorcycle. 8. At the aforesaid time and place Plaintiff, Monte L. Snavley was traveling Northbound on Route 11. Plaintiff was stopped in the far left hand turning lane, waiting to make a left hand turn, when Defendant, Ronald Louis Kwasnicka, driving a 2000 Volvo tractor-trailer, pulled up behind Plaintiff, and struck the rear of Plaintiffs motorcycle, while the Plaintiff was on it, causing him the injuries herein described. - COUNTI MONTE L. SNAVLEY v. RONALD LOUIS KWASNICKA 9. All of the aforesaid averments contained in paragraphs 1 through 8 are realleged and incorporated by reference as if more specifically plead herein. 10. At the aforesaid time and place Defendant, Ronald Louis Kwasnicka, was the operator of a 2000 Volvo tractor-trailer truck, which was traveling northbound on Route 11 at the intersection of Route 114. Defendant, Ronald Louis Kwasnicka was in the far left hand lane, behind the Plaintiff, who was stopped for traffic waiting at a red traffic signal to change. The Defendant, Ronald Louis Kwasnicka pulled his tractor-trailer forward, hitting the rear of the motorcycle while Plaintiff, Monte L. Snavley was still sitting on the motorcycle. The Defendant, Ronald Louis Kwasnicka then pulled forward knocking Plaintiffs motorcycle over. The impact caused the motorcycle to fall unto the ground. The Defendant ran into the motorcycle. The Defendant driver Ronald Louis Kwasnicka then backed up and pulled away, attempting to leave the scene of the accident. 11. At all times material to this complaint, the tractor-trailer operated by Defendant, Ronald Louis Kwasnicka, was caused or allowed to go out of control smashing into the rear of a motorcycle operated by Plaintiff, Monte L. Snavley. Thus causing the Plaintiff to sustain the injuries set forth below. 12. Said collision and all of the herein mentioned injuries and damages sustained by Plaintiff, Monte L. Snavley are the direct result of the negligent, careless and reckless manner in which Defendant, Ronald Louis Kwasnicka, operated his vehicle, including but not limited to the following: (a) In failing to keep proper and adequate control over his vehicle; (b) In driving his vehicle in a reckless manner and with careless disregard for the rights and safety of others and in otherwise operating his vehicle upon the highway in a manner endangering persons and property in violation of 75 Pa.C.S.A. Section 3714; (c) In failing to have his vehicle under such control as to be able to stop within the assured clear distance ahead in violation of 75 Pa.C.S.A. Section 3310; (d) In failing to apply his"brakes in time to avoid striking the vehicle in which Plaintiff was an operator; (e) In being inattentive and failing to maintain a sharp lookout of the road and the surrounding traffic conditions in violation of 75 Pa.C.S.A. Section 3303; (f) In driving his vehicle behind the vehicle in which Plaintiff was riding at a distance too close for the safety of the Plaintiff in violation of 75 Pa.C.S.A. §3310; (g) Failing to operate his vehicle in accordance with existing traffic conditions and traffic controls and in violation of 75 Pa.C.S.A. Section 3303; (h) In failing to operate his vehicle under such control as to be able to stop on the shortest possible notice in violation of 75 Pa. C.S.A. Section 3361; (i) Failing to obey a traffic signal in violation of 75 Pa.C.S.A. Section 3112; (j) Operating his vehicle in a careless, reckless, and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 13. As a result of the aforementioned accident, Plaintiff, Monte L. Snavley, sustained painful and severe injuries including but are not limited to: (a) Abrasions, contusions and injuries to his muscles and nerves; (b) Injuries to his right shoulder blade and collar bone; (c) Headaches; (d) Ringing in the ears; (e) Temporomandibular joint injuries; (f) Injuries to his between blades, neck and low back pain; with dizziness; (g) Thoracic outlet syndrome; (h) Three-level disc disruption from C-2 through C-5 which required a three- level fusion surgery; and (i) AC impingement, SS tendonitis, Rotor Cuff tear, and Bicipital tendonitis. 14. By reason of the aforesaid injuries sustained by Plaintiff, Monte L. Snavley, he was forced to incur liability for medical treatment, medications, hospitalizations, surgeries and similar miscellaneous expenses, including replacement services, in an effort to restore himself to health, and claim is made therefore. 15. Because of the nature of his injuries, Plaintiff, Monte L. Snavley, has been advised, and therefore, avers the he may be forced to incur similar expenses in the future, and claim is made therefore. 16. As a result of the aforesaid injuries, Plaintiff, Monte L. Snavley, has undergone and in the future will undergo a great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 17. As a result of the aforesaid injuries, the Plaintiff, Monte L. Snavley, has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefore. 18. As a result of the aforementioned injuries, Plaintiff, Monte L. Snavley, has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefore. 19. As a result of the aforesaid injuries, Plaintiff, Monte L. Snavley, has sustained uncompensated work loss, and claim is made therefore. 20. Plaintiff, Monte L. Snavley, continues to suffer from pain and some limitation of motion, and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 21. As a result of the aforesaid accident, Plaintiff, Monte L. Snavley, will sustain scars, which will result in a permanent disfigurement, and claim is made therefore. WHEREFORE, Plaintiff, Monte L. Snavley, demands judgment of the Defendant, Ronald Louis Kwasnicka, in an amount in excess of Thirty-Five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT H MONTE L. SNAVLEY v. KLEIN TRUCKING. INC.and DAVID I LEIN and/or KLEIN TRUCKING. INC. 22. All of the aforesaid averments contained in paragraphs 1 through 21 are realleged and incorporated by reference as if more specifically plead herein. 23. At all times relevant hereto Defendant David Klein and/or Klein Trucking, Inc was the owner of the 2000 Volvo tractor-trailer truck. 24. The tractor-trailer which collided with the Plaintiff s motorcycle was owned by the Defendant, David Klein and/or Klein Trucking, Inc. which was owned, leased or subleased, was at all times relevant, being operated by Ronald Louis Kwasnicka, who was a servant, agent, subcontractor or employee of the Defendant Corporation, Klein Trucking, hic., who was then and there engaged in and upon the performance of duties of the scope of his services and furthering the business purposes of the business of the Defendants named in this count. 25. Defendant, David Klein and/or Klein Trucking, hic. gave their consent and permission, implied or actual, for Ronald Louis Kwasnicka to drive said vehicle and was acting in furtherance of and not apart from the service and control of Defendants named in this count. WHEREFORE, Plaintiff, Monte L. Snavley, demands judgment of the Defendant, David Klein and/or Klein Trucking, Inc. in an amount in excess of Thirty-Five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT III MONTE L. SNAVLEY v. SUNDAY TRUCKING.and THOMAS SUNDAY and/or SUNDAY TRUCKING 26. All of the aforesaid averments contained in paragraphs 1 through 25 are realleged and incorporated by reference as if more specifically plead herein. 27. At all times relevant hereto Defendant Thomas Sunday and/or Sunday Trucking, was the owner and/or lessee or sub-lessee the tractor-trailer truck. 28. The trailer that was attached to the tractor truck, which collided with the Plaintiff's motorcycle, was either lease, subleased and or owned by the Defendant Thomas Sunday and/or Sunday Trucking and was at all times relevant hereto being operated by Ronald Louis Kwasnicka, a servant, agent, lessee or subcontractor of the Defendants named in this count, who was then and there engaged in and upon the performance of duties of the scope of his services and furthering the business purposes of the business of the Defendants named in this count. 29. Defendant Thomas Sunday and/or Sunday Trucking gave their consent and permission, implied or actual, for Ronald Louis Kwasnicka to drive said vehicle and was acting in furtherance of and not apart from the service and control of the Defendants named in this count. WHEREFORE, Plaintiff, Monte L. Snavley, demands judgment of the Defendant Thomas Sunday, Individually and Thomas Sunday T/DB/A Sunday Trucking in an amount in excess of Thirty-Five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT IV PAMELA L. SNAVLEY v. RONALD LOUIS KWASNICKA 30. All of the aforesaid averments contained in paragraphs 1 through 29 are realleged and incorporated by reference as if more specifically plead herein. 31. As a result of the injuries sustained by her husband, Plaintiff, Pamela L. Snavley has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which have been and will be to his great damage and loss. WHEREFORE, Plaintiff, Pamela L. Snavley, demands judgment of the Defendant, Ronald Louis Kwasnicka in an amount in excess of Thirty-Five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT V PAMELA L. SNAVLEY v. KLEIN TRUCKING. INC and DAVID KLEIN and KLEIN TRUCKING. INC. 32. All of the aforesaid averments contained in paragraphs 1 through 31 are realleged and incorporated by reference as if more specifically plead herein. 33. As a result of the injuries sustained by her husband, Plaintiff, Pamela L. Snavley has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which have been and will be to his great damage and loss. WHEREFORE, Plaintiff, Pamela L. Snavley, demands judgment of the Defendant, David Klein and Klein Trucking, Inc. in an amount in excess of Thirty-Five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulsory arbitration. COUNT VI PAMELA L. SNAVLEY v. THOMAS SUNDAY and SUNDAY TRUCKING 34. All of the aforesaid averments contained in paragraphs 1 through 33 are realleged and incorporated by reference as if more specifically plead herein. 35. As a result of the injuries sustained by her husband, Plaintiff, Pamela L. Snavley has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which have been and will be to his great damage and loss. WHEREFORE, Plaintiff, Pamela L. Snavley, demands judgment of the Defendant, Thomas Sunday and Sunday Trucking in an amount in excess of Thirty-Five Thousand and 00/100 ($35,000) Dollars and in excess of the amount requiring compulpdr?y arbitration. Dated: 7 1310)1? submitted, DAsan Bratic, Esquire ID # 19249 101 South U.S. Route 15 Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs V. NO. 04-3104 CIVIL ACTION - LAW KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN: T/DB/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy((,,??f the forego' g Complaint was furnished by U.S. Mail, first class, postage prepaid on this -th "y o,?006, to: Ronald Louis Kwasnicka RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143 Defendant Tammy Breedlove, VP of Claims Truck Claims, Inc. PO Box 2115 Burlington, NC 27216 Dated: 0( Greg Knight, Esquire Hanft & Knight 19 Brookwood Avenue Carlisle, PA 17013 BRAM& PORTKO JURY TRIAL DEMANDED Du9'an Bratic, Esquire, I.D. No. 19249 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs ?? ?-;? =.; _? c= r. ?,' , i W ?. ?i?'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs NO. 04-3104 V. CIVIL ACTION - LAW KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN: T/DB/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and JURY TRLAL DEMANDED THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants AFFIDAVIT OF SERVICE BY MAIL AFFIDAVIT OF SERVICE UPON REPRESENTATIVE OF DEFENDANT, DAVID KLEIN T/DB/A KLEIN TRUCKING, INC. GREG KNIGHT, ESQUIRE OF THE LAW OFFICE OF HANFT & KNIGHT BY CERTIFIED MAIL PURSUANT TO PA.R.C.P. 405C I hereby certify that I have forwarded a certified copy of Plaintiff's Complaint in Civil Action by depositing the same in the United States Mail, first class, and by certified mail, return receipt requested, restricted delivery, on July 3, 2006 addressed to the Representative of the Defendant, Greg Knight, Esquire of the Law Office of Hanft & Knight, 19 Brookwood Avenue, Carlisle, PA 17013. A true and correct copy of the transmittal letter and receipt for certified mail is attached hereto as Exhibit "A". And that the Defendant's Representative did receive the same on July 10, 2006 as evidenced by the attached United States Postal Service receipt card bearing the Representative of the Defendant's signature. The original official return receipt card is attached hereto as Exhibit "B". I verify that the statements of this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. S tion 49,04 relating to the unworn falsifi=Oee? th orities. Dated: Deborah L. Graham, Paralegal For Dusan Bratic, Esquire SWORN to and subscribed 101 South U.S. Route 15 Before me this UO' day of Dillsburg, PA 17019 2006 (717) 432-9706 n i „ /?, [_ Notary Publi Commission Not" SW Parofta S. Rddw. Nd re. BRATIC AND PORTKO Attorneys at Law 101 OFFICE CENTER, SUrrE A 101 SouTH U.S. RouTE 15 DmLsBuRG, PENNSYLVANIA 17019 DUSAN BRATIC, ESQ. (717) 432-9706 STEPHEN K. PORTKO, ESQ. (717) 432-2538 FAX (717) 432-9220 July 3, 2006 Greg Knight, Esquire Hanft & Knight 19 Brookwood Avenue Carlisle, PA 17013 CERTIFIED AND FIRST CLASS MAIL 7002 3150 0004 4253 0556 Re: Snavlev v. Klein Truddne et al Cumberland County Civil Action No. 043104 Your Insured: David Klein and/or Klein Trucking, Inc. Dear Mr. Knight: Please be advised that our office represents Monte L. Snavley who was involved in a motorcycle/truck accident on July 3, 2002. Enclosed please find a copy of the Complaint that was filed in the above matter in order to preserve the Statute of Limitations in this case. The purpose of this letter is merely a courtesy to let you know what is going to take place and at the time that you receive this Complaint you must respond with twenty (20) days after this action has been served upon you. If you need additional time in which to respond to this complaint please feel free to contact our office. Thank you. yours, ,Y(fan sratic DBldlg Enclosure ) ?.? ?-, - -- ?. _- ,. r? - ; ? .. ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs NO. 04-3104 V. CP49L ACTION - LAW KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN; T/DB/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and JURY TRIAL DEMANDED THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants AFFIDAVIT OF SERVICE BY MAIL AFFIDAVIT OF SERVICE UPON REPRESENTATIVE OF DEFENDANT, THOMAS SUNDAY T/DB/A SUNDAY TRUCKING TO TAMMY BREEDLOVE, VP OF CLAIMS TRUCK CLAIMS, INC. , BY CERTIFIED MAIL PURSUANT TO PA.R.C.P. 405C I hereby certify that I have forwarded a certified copy of Plaintiff s Complaint in Civil Action by depositing the same in the United States Mail, first class, and by certified mail, return receipt requested, restricted delivery, on July 3, 2006 addressed to the Representative of the Defendant, Thomas Sunday T/D/B/A Sunday Trucking to Ms. Tammy Breedlove, VP of Claims, Truck Claims, Inc., PO Box 2115, Burlington, NC 27216. A true and correct copy of the transmittal letter and receipt for certified mail is attached hereto as Exhibit "A". And that the Defendant's Representative did receive the same on July 10, 2006 as evidenced by the attached United States Postal Service receipt card bearing the Representative of the Defendant's signature. The original official return receipt card is attached hereto as Exhibit "B". I verify that the statements of this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to the unworn falsifica ' thorities. Dated: •aham, Paralegal For Dusan Bratic, Esquire SWORN to and subscribed 101 South U.S. Route IS Before me this ay?day of Dillsburg, PA 17019 .,k 2000666 -?? Q (717) 432-9706 Notary Public lein_ w?P.? `? Commission Expires: COMMONWEALTH OF PENNSYLVANIA Hortrte6a 3. FOder, Notary Publb DAlebtay Bono, Ypk Corny b'tY Corrattieakrt t]¢tiree Feb. 12, 2008 Member. Pnnnaylvank Xs 'lotion of Notarise BRATIC AND PORTKO Attorneys at Law 101 OFFICE CENTER, SURE A 101 SouTH U.S. ROUTE 15 DILLsBuRG,PENNsYLvANIA 17019 DUSAN BRATIC, ESQ. STEPHEN K.PORTKO,ESQ. Tammy Breedlove, Truck Claims, Inc. PO Box 2115 VP of Claims 'Burlington, NC 27216 July 3, 2006 (717) 432-9706 (717) 432-2538 FAX (717) 432-9220 AND FIRST CLASS MAIL 7002 315 00004 4253 0549 Re: Snavley v. Klein Trucking et al Cumberland County Civil Action No. 04-3104 Your Insured: Sunday Trucking/ThomasSunday Dear Ms. Breedlove: Please be advised that our office represents Monte L. Snavley who was involved in a motorcycle/truck accident on July 3, 2002. Enclosed please find a copy of the Complaint that was filed in the above matter in order to preserve the Statute of Limitations in this case. The purpose of this letter is merely a courtesy to let you know what is going to take place and at the time that you receive this Complaint you must respond with twenty (20) days after this action has been served upon you. If you need additional time in which to respond to this complaint please feel free to contact our office. Thank you. Very Bratic DB/dlg Enclosure V 4 .. __ ? - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs V. NO. 04-3104 CIVIL ACTION - LAW KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN: T/DB/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was furnished by U.S. Mail, first class, postage prepaid on this 24th day of July 2006, to: Ronald Louis Kwasnicka RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143 Defendant Tammy Breedlove, VP of Claims Truck Claims, Inc. PO Box 2115 Burlington, NC 27216 Dated: -2406 Greg Knight, Esquie Hanft & Knight 19 Brookwood Avenue Carlisle, PA 17013 David Klein T/DB/A Klein Trucking, Inc. Post Office Box 353, 406 W. Elm Street Alvord, Texas 76225 Defendant BRATIC & PORTKO I 0?.' r 1315r-Z-L. Graham, Paralegal For Dusan Bratic, Esquire, I.D. No. 19249 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs V. NO. 04-3104 CIVIL ACTION - LAW KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN: T/DB/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE BY MAIL AFFIDAVIT OF SERVICE UPON DEFENDANT, RONALD LOUIS KWASNICKA BY CERTIFIED MAIL PURSUANT TO PA.R.C.P. 405C I hereby certify that I have forwarded a certified copy of Plaintiffs Complaint in Civil Action by depositing the same in the United States Mail, first class, and by certified mail, return receipt requested, restricted delivery, on July 3, 2006 addressed to the Representative of the Defendant, Ronald Louis Kwasnicka, RD #1 Box 1055, North West Bedford - Pulaski Road, Pulaski, PA 16143. A true and correct copy of the transmittal letter and receipt for certified mail is attached hereto as Exhibit "A". And that the Defendant's did receive the same on July 8, 2006 as evidenced by the attached United States Postal Service receipt card bearing the Defendant's signature. The original official return receipt card is attached hereto as Exhibit "B". I verify that the statements of this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to the unworn falsifi o authorities. Date e . Graham, Paralegal For Dusan Bratic, Esquire SWORN to and subscribed 101 South U.S. Route 15 Before me this AYKSay of Dillsburg, PA 17019 L _ 2006 (717) 432-9706 Notary /Public ._ , Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Barnette S. Poder, Notary Pudk ? Ca<rmisedonBoro, Yak County Expires Feb, 12, 2009 Member, PennsyWanra Association of Notaries BRATIC AND PORTKO Attorneys at Law 101 OFFICE CENTER, SUITE A 101 SOUTH U.S. ROUTE 15 DarsBURo, PENNSYLVANIA 17019 DUSAN BRATIC, ESQ. (717) 432-9706 STEPHEN K. PORTKO, ESQ. (717) 432-2538 FAX (717) 432-9220 July 3, 2006 Ronald Louis Kwasnicka RD #1 Box 1055 North West Bedford - Pulaski Road Pulaski, PA 16143 CERTIFIED AND FIRST CLASS MAIL 7002 315 00004 4253 0563 Re: Snavley v. Klein Trucking et al Cumberland County Civil Action No. 04-3104 Dear Mr. Kwasnicka: Please be advised that our office represents Monte L. Snavley who was involved in a motorcycle/truck accident on July 3, 2002. Enclosed please find a copy of the Complaint that was filed in the above matter in order to preserve the Statute of Limitations in this case. The purpose of this letter is merely a courtesy to let you know what is going to take place and at the time that you receive this Complaint you should contact your insurance agent and they should take care of further proceedings in this regard. Any further questions that you have should be directed to your insurance agent. If there comes a time when you need an attorney, your insurance company generally hires one in your behalf at no cost to you. Thank you. DB/dlg Enclosure u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs V. NO. 04-3104 CIVIL ACTION - LAW KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN: T/DB/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and JURY TRIAL DEMANDED THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants PRAECIPE FOR PARTIAL DISMISSAL WITH PREJUDICE AGAINST A DEFENDANT To: The Prothonotary Please remove Klein Trucking, Inc. and David Klein, individually and t/d/b/a Klein Trucking, Inc. as defendants in the above captioned action. The removal and dismissal of Klein Trucking, Inc. and David Klein shall be with prejudice. This Praecipe does not release any of the other Defendants in this case. Dusan Bratic, Esquire ID 19249 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 Attorney for Plaintiff Respectfully Submitted, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Preacipe was furnished by U.S. Mail, first class, postage prepaid on this day of December 2006, to: Jeffrey A. Krawitz, Esq. Silverman,Bernheim & Vogel Two Penn Center Plaza Suite 910 'Philadelphia, PA 19102 Barbara Klein, Secretary Klein Trucking, Inc. P.O. Box 353 Alvord, TX 76225 BRAVC & PORTKO Dated: Dusan Bratic, Esquire, I.D. No. 19249 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs V. NO. 04-3104 CIVIL ACTION - LAW KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN: T/DB/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and JURY TRIAL DEMANDED THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants ? c r?-, rN C 17 Ti SILVERMAN & KRAWITZ BY: JEFFREY A. KRAWITZ, ESQUIRE Attorney I.D. No.: 49530 Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 (215) 569-0000 MONTE L. SNAVLEY and PAMELA L. SNAVLEY, husband and wife, Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY V. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA, and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/D/B/A SUNDAY TRUCKING Defendants. No. 04-3104 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS THOMAS C SUNDAY, INC. (INCORRECTLY NAMED AS THOMAS SUNDAY, INDIVIDUALLY AND THOMAS SUNDAY T/D/B/A SUNDAY TRUCKING) AND RONALD LOUIS KWASNICKA, DECEASED (INCORRECTLY NAMED AS RONALD LOUIS KWASNICKA) WITH NEW MATTER Defendants, Thomas C. Sunday, Inc. (incorrectly named as Thomas Sunday, Individually and Thomas Sunday t/d/b/a Sunday Trucking) (herein "TCS") and Ronald Louis Kwasnicka, deceased (incorrectly named as Ronald Louis Kwasnicka), by and through their counsel, Silverman & Krawitz, hereby respond to plaintiffs' Complaint as follows: Denied in accordance with Rule 1029(e). 2. Denied in accordance with Rule 1029(e). In fact, Ronald Louis Kwasnicka passed away on April 3, 2006 which pre-dated service of the Complaint. 1355,0251 Pleads\anscomp.032007. WPD 3. The allegations of this paragraph refer to parties other than answering defendants and therefore no response is required. 4. The allegations of this paragraph refer to parties other than answering defendants and therefore no response is required. 5. Denied in accordance with Rule 1029(e). By way of further response, it is admitted that TCS has a physical address of 78 E. Main Street, New Kingstown, PA. 6. Denied in accordance with Rule 1029(e). 7. Denied in accordance with Rule 1029(e). 8. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. COUNTI MONTE L. SNAVLEY v. RONALD LOUIS KWASNICKA 9. Defendants incorporate by reference their answers to paragraphs 1 through 8 of plaintiffs' Complaint as if same were set forth fully and at length herein. 10. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 11. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 12. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 13. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 1355\025\PIeads\anscomp.032007. WPD 14. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 15. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 16. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 17. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 18. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 19. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 20. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 21. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. WHEREFORE, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased hereby demand judgment in their favor and against plaintiffs, together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. F:\ W PC? ET\DOCS\31355\025\Pleads\anscomp.032007. WPD COUNT II MONTE SNAVLEY v. KLEIN TRUCKING, INC. and DAVID KLEIN and/or KLEIN TRUCKING INC. 22. Defendants incorporate by reference their answers to paragraphs 1 through 21 of plaintiffs' Complaint as if same were set forth fully and at length herein. 23. To the extent that the allegations of this paragraph refer to parties other than answering defendants, no response is required. 24. To the extent that the allegations of this paragraph refer to parties other than answering defendants, no response is required. 25. To the extent that the allegations of this paragraph refer to parties other than answering defendants, no response is required. By way of further response, Ronald Louis Kwasnicka, deceased, was not operating any tractor or commercial vehicle which had any relationship to or with the named Klein Trucking defendants. WHEREFORE, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased hereby demand judgment in their favor and against plaintiffs, together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. COUNT III MONTE SNAVLEY v. SUNDAY TRUCKING and THOMAS SUNDAY and/or SUNDAY TRUCKING 26. Defendants incorporate by reference their answers to paragraphs 1 through 25 of plaintiffs' Complaint as if same were set forth fully and at length herein. 27. Denied in accordance with Rule 1029(e). 28. Denied in accordance with Rule 1029(e). To the extent that the allegations ! 355\025\Pleads\anscomp.032007.WPD of this paragraph state conclusions of law, no response is required. 29. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. WHEREFORE, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased hereby demand judgment in their favor and against plaintiffs, together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. COUNT IV PAMELA SNAVLEY v. RONALD LOUIS KWASNICKA 30. Defendants incorporate by reference their answers to paragraphs 1 through 29 of plaintiffs' Complaint as if same were set forth fully and at length herein. 31. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. WHEREFORE, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased hereby demand judgment in their favor and against plaintiffs, together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. COUNT V PAMELA L. SNAVLEY v. KLEIN TRUCKING, INC. and DAVID KLEIN and KLEIN TRUCKING INC. 32. Defendants incorporate by reference their answers to paragraphs 1 through 31 of plaintiffs' Complaint as if same were set forth fully and at length herein. 33. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. WHEREFORE, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased 1355\025\P1eads\anscomp.032007. WPD hereby demand judgment in their favor and against plaintiffs, together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. COUNT VI PAMELA L. SNAVLEY v. THOMAS SUNDAY and SUNDAY TRUCKING 34. Defendants incorporate by reference their answers to paragraphs 1 through 33 of plaintiffs' Complaint as if same were set forth fully and at length herein. 35. Denied in accordance with Rule 1029(e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. WHEREFORE, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased hereby demand judgment in their favor and against plaintiffs, together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. NEW MATTER 36. Plaintiffs' complaint fails to state a claim upon which relief may be granted. 37. Plaintiffs' damages occurred as a result of plaintiffs' assumption of the risk. 38. Plaintiffs' claims are barred by the applicable Statute of Limitations. 39. Plaintiffs' claims are barred by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et seq. 40. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Comparative Negligence Act. 41. If plaintiff sustained damages as claimed in the complaint, the same of which is specifically denied, those damages were caused in whole or in part by plaintiffs' own negligence. 42. If plaintiffs sustained the damages claimed in the complaint, the same of f \WPCtWT\DOCS\31355\025\Pleads\anscomp.032007.WPD which is specifically denied, those damages were caused in whole or in part by conditions over which answering defendants had no control. 43. The accident and damages as alleged herein occurred as a result of the negligence, carelessness, recklessness and wanton and willful disregard for the safety of others on the part of third-parties, including but not limited to the co-defendants. 44. Answering defendants breached no duty owed to plaintiffs. 45. Plaintiffs' claims are barred and/or limited by the Doctrines of Res Judicata and/or Estoppel. 46. Plaintiffs' claims are barred and/or limited by the Medical Cost Containment provisions of the Pennsylvania Code and Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. §1701, et seq. 47. Defendants, at all times, acted in accordance with, and did not violate, any applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law and/or Pennsylvania Motor Vehicle Code. 48. Defendants at all times complied with all applicable provisions of the FMCSR and other applicable DOT regulations. 49. Plaintiffs' claims are barred and/or limited for failure to join necessary and/or indispensable parties. F \WPCtjIVT\DOCS\31355\025\Pleads\anscomp.032007.WPD WHEREFORE, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased hereby demand judgment in their favor and against plaintiffs, together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. SILVERMAN & KRAWITZ "T BY. -`JEF Y A. K,RAWI T Attorneys for Defendants Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased FlWPCNVT\DOCS\31355\025\Pleads\anscomp 032007.WPD VERIFICATION I, JEFFREY A. KRAWITZ, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for defendants Ronald Louis and is authorized to submit this Verification and that the facts set forth in the foregoing Answer to plaintiffs' Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. JEFF YrA. KRA ?VIT ' ,1?SQUIRE C"Attorney'ibr Defendania-_. Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased t Dated: F:\WPCN? \DOCS\31355\025\Pleads\anscwnp.032007.WPD CERTIFICATE OF SERVICE JEFFREY A. KRAWITZ, ESQUIRE, hereby certifies that he did cause a copy of Answer to Plaintiffs' Complaint on behalf of Defendants Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased to be sent first class mail on March 21, 2007 to: Dusan Bratic, Esquire Bratic & Portico 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 SILVERMAN & KRAWITZ "-\JEFIVREY A. KRAWITZ Attorney for Defendants Barber Trucking, Inc., Barber Trucking Company, Inc. and Dane B. Clark ? a _". C c ?-?-? ='0.I::.. vy .., _. ?_ ?'riy Itir ? a?'Y , ,-; ? r ' _? ? ? r-- €. y,? C ? :: - 7 .?_?? ("? --s? c? ..,,,3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs NO. 04-3104 V. CIVIL ACTION - LAW KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN: T/DB/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and JURY TRIAL DEMANDED THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants PLAINTIFFS' ANSWER TO DEFENDANTS' NEW MATTER Plaintiffs Monte L. Snavley and Pamela L. Snavley respectfully plead the following reply to New Matter pleaded by Defendants Thomas C. Sunday, Inc. and Ronald Louis Kwasnieka. 36. It is denied that the claims of the Plaintiffs Monte L. Snavley and Pamela L. Snavley do not state a cause of action upon which relief can be granted. The allegations of this paragraph are a conclusion of law to which no responsive pleading is necessary. If a responsive pleading is necessary then the Plaintiffs reallege all averments of fact as contained in their complaint. 37. It is categorically denied that Plaintiffs assumed the risk of any and all injuries and/or damages suffered. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the Plaintiffs assumed the risk of the accident occurring or the injuries which he sustained. By the way of further response, it is averred that the Doctrine of the Assumption of the Risk is inapplicable to the cause of action stated in Plaintiffs' Complaint. By way of further answer, it is averred that Pennsylvania Rule i ,IL of Civil Procedure 1019 requires that the material facts on which a defense is based shall be stated in a concise summary form. Since this averment does not allege any fact in support the defense, it is specifically denied that this averment raises an affirmative Defense to the Plaintiffs' claim. 39. It is denied that the claims of the Plaintiffs Monte L. Snavley and Pamela L. Snavley are barred by any applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. The allegations of this paragraph are a conclusion of law to which no responsive pleading is necessary. If a responsive pleading is necessary then the Plaintiffs reallege all averments of fact as contained in their complaint. 40. It is denied the claims of Plaintiffs' cause of action is barred in whole or in part by the Pennsylvania Comparative Negligence Statute, 42 Pa. C.S.A. Section 7102, et seq., or by the Doctrine of Comparative Negligence. The allegations of this paragraph are conclusions of law to which no responsive pleading is necessary. If a responsive pleading is necessary then the Defendants' allegation is denied and to the contrary the Plaintiff was not contributorily negligent and proof to the contrary is demanded at trial. By way of further response, it is averred that Pennsylvania Rule of Civil Procedure 1019 requires that the material facts on which a defense is based shall be stated in a concise summary form. Since this averment does not allege any fact in which to support the defense of comparative negligence, it is specifically denied that this averment raises an affirmative defense to Plaintiffs' claim. By way of further response, Plaintiff avers that her vehicle was struck by the Defendant, therefore, Plaintiff avers that his vehicle was struck by the Defendant, therefore, Plaintiff had no direct or indirect control over the circumstances resulting in the accident or his injuries. 41. The allegations of this paragraph are conclusions of law to which no responsive pleading is necessary. If a responsive pleading is necessary then the Defendants' allegation is denied and to the contrary the Plaintiff was not contributorily negligent and proof to the contrary is demanded at trial. By way of further response, it is averred that Pennsylvania Rule of Civil Procedure 1019 requires that the material facts on which a defense is based shall be stated in a concise summary form. Since this averment does not allege any fact in which to support the defense of comparative negligence, it is specifically denied that this averment raises an affirmative defense to Plaintiffs' claim. By way of further response, Plaintiff avers that her vehicle was struck by the Defendant, therefore, Plaintiff avers that his vehicle was struck by the Defendant, therefore, Plaintiff had no direct or indirect control over the circumstances resulting in the accident or his injuries. 42. The averments of this paragraph are a conclusion of law to which no responsive pleading is necessary. If a responsive pleading is necessary, then the Defendants' allegation is denied and proof to the contrary is demanded at trial. 43. The averments of this paragraph are a conclusion of law to which no responsive pleading is necessary. If a responsive pleading is necessary, then the Defendants' allegation is denied and proof to the contrary is demanded at trial. 44. The averments of this paragraph are a conclusion of law to which no responsive pleading is necessary. If a responsive pleading is necessary, then the Defendants' allegation is denied and proof to the contrary is demanded at trial. 45. It is denied the claims of Plaintiffs are barred and/or limited by the Doctrines of Res Judicata and/or Estoppel. The claims of the Plaintiffs are actionable. 46. The averments of this paragraph are a conclusion of law to which no responsive pleading is necessary. If a responsive pleading is necessary, then the Defendants' allegation is denied and proof to the contrary is demanded at trial. On the contrary the Plaintiff did mitigate damages and continues to do so. 47. The averments of this paragraph are a conclusion of law to which no responsive pleading is necessary. If a responsive pleading is necessary, then the Defendants' allegation is denied and proof to the contrary is demanded at trial. 48. The averments of this paragraph are a conclusion of law to which no responsive pleading is necessary. If a responsive pleading is necessary, then the Defendants' allegation is denied and proof to the contrary is demanded at trial. 49. The averments of this paragraph are a conclusion of law to which no responsive pleading is necessary. If a responsive pleading is necessary, then the Defendants' allegation is denied and proof to the contrary is demanded at trial. Respectfully Submitted, Dated: 6/27/07 Dusan Bratic, Esquire ID 19249 101 South US Route 15 Dillsburg, PA 17019 717-432-9706 Attorney for Plaintiff VERIFICATION We, Monte L. Snavely and Pamela L. Snavely, hereby acknowledge that we are Plaintiffs in the foregoing Plaintiff's Answer to Defendant's New Matter, that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: , Z-2 ' 0 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs V. KLEIN TRUCKING, INC., and DAVID KLEIN, Individually and DAVID KLEIN: T/D/B/A KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/D/B/A SUNDAY TRUCKING Defendants NO. 04-3104 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffs' Answer to Defendants' New Matter was furnished by U.S. Mail, first class, postage prepaid on this 9th day of August 2007, to: Jeffrey A. Krawitz, Esq. Silverman Bernheim & Vogel Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 Dated:_?,• / C BRATIC/& PORTKO i DusadBratic, Esquire, I.D. No. 19249 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs ?i `? C? 4- .-a , ? , ?:. ti -r: ?? ?;,... . .+± ? frrr? 1 ?? ' ?i +? s1? . ^ ti ,? ?. -; ../. V' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MONTE L. SNAVLEY and PAMELA L. SNAVLEY, Husband and Wife Plaintiffs V. KLEIN TRUCKING, INC., and RONALD LOUIS KWASNICKA, and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING Defendants NO. 04-3104 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiffs' Request for Production of Documents was furnished by U. S. Mail, first class, postage prepaid on this '29t"' day of April 2008, to: Jeffrey A. Krawitz, Esq. Silverman Bernheim & Vogel Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 BRATIU& PORTKO Dated: Y-.29 -® Dusan Bratic, Esquire, I.D. No. 19249 101 U.S. Route 15 South Dillsburg, PA 17019 (717) 432-9706 Attorney for Plaintiffs ?°--' ,?; .--9 .? -r ? ??, u t ? 'e r , t CJ s 1 i:. . ,..,},.. ? ,5,. w r'd ? :,.:, h'+ . .. ? t SPECTOR GADON AND ROSEN, P.C. BY: JEFFREY A. KRAWITZ, ESQUIRE ANTHONY M. GALLO, ESQUIRE Attorney I.D. No.: 49530, 72456 1635 Market St., 7t' Floor Philadelphia, PA 19103 (215) 241-8888 Fax: (215) 241-8844 MONTE L. SNAVLEY and PAMELA L. SNAVLEY, husband and wife, Attorneys for Defendants Thomas Sunday Inc., and Ronald Louis Kwasnicka, deceased COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN T/DB/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA, and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/DB/A SUNDAY TRUCKING No. 04-3104 : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED DEFENDANTS, THOMAS SUNDAY INC. AND RONALD LOUIS KWASNICKA'S MOTION TO COMPEL RESPONSES TO DEFENDANTS' INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Defendants, Thomas C. Sunday, Inc. (incorrectly named as Thomas Sunday, Individually and Thomas Sunday t/d/b/a Sunday Trucking) (herein "TCS") and Ronald Louis Kwasnicka, deceased (incorrectly named as Ronald Louis Kwasnicka), by and through their undersigned counsel hereby respectfully moves this Honorable Court to enter an order compelling Monte L. Snavely and Pamela L. Snavely, (hereafter "plaintiffs") to provide full and complete discovery responses to Defendants' Request for Production of Documents Directed to Plaintiffs and Interrogatories Directed to Plaintiffs (hereafter "initial discovery requests") and in support of this 627267-1 motion, avers as follows: 1. The instant case was initiated by the plaintiffs via the filing of a Writ of Summons on or about July 2, 2004. 2. After a number of failed attempts at service upon non-existent entities or entities having no connection to this action, plaintiffs filed a complaint on July 3, 2006. 2. The plaintiffs' complaint alleges that on July 3, 2002, defendant Kwasnicka was negligent while operating a tractor trailer on behalf of defendant TCS and that as a result plaintiff sustained injuries. 3. On or about March 21, 2007, defendants, served initial discovery requests on counsel for plaintiff to be responded to in accordance with Pennsylvania Rules of Civil Procedure, Rule 4000.1 4. Thereafter on or about October 15, 2008, counsel for plaintiffs wrote to counsel for defendants requesting that the discovery requests be resent as they were unable to locate them following the departure of their personal injury paralegal and that they would attempt to provide answers within two weeks. (A true and correct copy of correspondence dated October 15, 2008 is attached hereto as Exhibit A). 5. Contrary to their representations, plaintiffs did not provide response to defendants' discovery requests. 6. Finally in an effort to move this case forward, on January 21, 2009, defense counsel spoke with counsel for plaintiffs and yet again agreed to send initial discovery requests to be responded to in accordance with Pennsylvania Rules of Civil Procedure, Rule 4000.1. 7. To date the plaintiffs have not provided responses to defendants' initial discovery 627267-1 requests. 8. The information requested by the defendants is relevant, material and necessary to the defendants' ability to defend against the claims asserted by plaintiffs. WHEREFORE, pursuant to Pa.R.Civ.P. 4000.1 et seq., it is respectfully requested that this Court enter the attached Order directing the plaintiffs to respond to the discovery requests without objection within 10 days of this Order or suffer further sanctions upon application to the Court. SPECTOR GADON & ROSEN, PC Dated: W BY4JFFREEY A. KRAWITZ, ESQIU'RE ANTHONY M. GALLO, ESQUIRE Attorneys for Defendants Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased 627267-1 OCT-15-2008 11:23 DUSAN BRATIC, ESQ. STEPHEN K PORTKO, ESQ. (717) 432-9706 (717) 432.2538 FAX (717) 432-9220 BRATIC AND PORTKO Atwrneys at Law 101 OFFICE CEN-rM STATE A 101 SOUTH U.S. ROUTE 15 Dt IsiauRCi, PENNsYLVAm 17019 October 15, 2008 Jeffrey A. Krawitz, Esq- Silverman Bernheim & Vogel Two Penn Center Plaza suite 910 Pbiladelphis, PA 19102 RE: Snavely v. Klein Trucking et a104-3104 Your File: 31355-025 Dear Mr. Krawitz: Approximately two weeks ago I called your office and requested that a duplicate copy of your Interrogatories and Request for Production of Documents be sent, because I could not find them in our file. I have not received that copy. I am sure that you sent them in March as you indicated and that we received them. Unfortunately, since our personal injury paralegal quit I have been trying to do both her job and mine. I have not been able to find what has been done with your discovery requests. Please send a duplicate copy, and we will do our best to answer within the next two weeks. I& Bratic has also asked that I remind you that he would also like to receive answers to the discovery sent to your client back in April before depositions are scheduled. Thank you. Very traly yours, Ronnetta Rider, Legal Assistant RSR Via Fax Only 215-636-3999 P. 01/01 TOTAL P.01 CERTIFICATE OF SERVICE I, Anthony Gallo, Esquire, hereby certify that on this 6t' day of March, 2009, I caused a true and correct copy of Defendants' Motion to Compel Responses to Interrogatories and Request for Production of Documents be served, via regular First Class Mail to the following party. Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 ( i M, , An ony M. Gallo, Esquire 627267-1 ? ? ?'t,; ?.,. r . ? ?, ._ . .? :_ ? ?-- t t,p t'' w ? ? 4 e CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOZZA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MONTE L. AND PAMELEA L. SNAVELY TERM, CUMBERLAND -VS- CASE NO: 04-3104 KLEIN TRUCKING, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY KRAWITZ, 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: 03/25/2009 JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT R2.07 116-H DE11-0873219 21498-LO1 t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MONTE L. AND PAMELEA L. SNAVELY -VS- KLEIN TRUCKING, INC., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 04-3104 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SMARSH CHIROPRACTIC MEDICAL RECORDS DR. MICHAEL S. KAPLAN MEDICAL RECORDS MENSANA CLINIC MEDICAL RECORDS TRINDLE REHABILITATION CENTER MEDICAL RECORDS AVRAAM KARAS,M.D. MEDICAL RECORDS BALTIMORE NEUROSURGICAL MEDICAL RECORDS TO: DUSAN BRATIC, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY KRAWITZ, 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: 03/03/2009 CC: JEFFREY KRAWITZ, ESQ. - 31355-25 DUSAN BRATIC, ESQ. BRATIC & PORTFULL 101 SOUTH U.S. ROUTE 15 SUITE A DILLSBURG, PA 17019 MCS on behalf of JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.81S 133-H DE02-0480632 21498-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONTE L. AND PAMELEA L. SNAVELY File No. 04-3104 VS. KLEIN TRUCKING, INC., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SMARSH CHIROPRACTIC (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 Cron, lw- 1601 Market Street- Suite 800, Philar eWbia , 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: ADDRESS: TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: ??/Z? MAR 2 5 20 Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Divisio Deouty 21498-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SMARSH CHIROPRACTIC 3514 TRINDLE ROAD CAMP HILL, PA 17011 RE: 21498 MONTE LEON SNAVELY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MONTE LEON SNAVELY 164 TEXACO ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-8529 Date of Birth: 06-13-1964 R1.81S 133-H SU10-0775278 21498-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MONTE L. AND PAMELEA L. SNAVELY -VS- KLEIN TRUCKING, INC., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-3104 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY KRAWITZ, 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: 03/25/2009 JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT R2.07 116-H DE11-0873221 21498-LO2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONTE L. AND PAMELEA L. SNAVELY File No. 04-3104 VS. KLEIN TRUCKING, INC., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. MIC AEL .. AP .AN (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 C'==- Inc.. 1601 Market Street, Suite 80 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: ADDRESS: TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant 2 5 109 Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division r A /I Deput 21498-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. MICHAEL S. KAPLAN 816 FREDERICK ROAD CATONSVILLE, MD 21228 RE: 21498 MONTE LEON SNAVELY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MONTE LEON SNAVELY 164 TEXACO ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-8529 Date of Birth: 06-13-1964 R1.81S 133-H SU10-0775280 214 98 -LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOWA PURSUAZT TO RULE 4009.22 IN THE MATTER OF: MONTE L. AND PAMELEA L. SNAVELY -VS- KLEIN TRUCKING, INC., BT AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-3104 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY KRAWITZ, 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: 03/25/2009 JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT R2.07 116-H DE11-0873225 21498-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONTE L. AND PAMELEA L. SNAVELY VS. KLEIN TRUCKING, INC., ET AL File No. 04-3104 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MENS NA CLINIC (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 a=- Inc-- 1601 Market treet, Suite 800 Phil &bbia 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: ADDRESS: TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: 3 MAR 2 5 2009 Seal of the Court BY THE COURT: ,ll?C'i'?4, // //.? Prothonotary/Clerk, Civil Divisio? r 1151'a ?' DDepu/j 21498-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MENSANA CLINIC 1718 GREENSPRING VALLEY STEVENSON, MD 21153 RE: 21498 MONTE LEON SNAVELY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MONTE LEON SNAVELY 164 TEXACO ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-8529 Date of Birth: 06-13-1964 R1.81S 133-H SU10-0775282 21498-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MONTE L. AND PAMELEA L. SNAVELY -VS- KLEIN TRUCKING, INC., ET AL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-3104 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY KRAWITZ, 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: 03/25/2009 JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT R2.07 116-H DR11-0973226 21498-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONTE L. AND PAMELEA L. SNAVELY File No. 04-3104 VS. KLEIN TRUCKING, INC., ET AL TO: Custodian of Records for TR EHA i 1TATION CENTER (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 Cm= Im 160Market tt Suite 900 P it dr]phinPA 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: ADDRESS: TELEPHONE:- (215) 2464)900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division lelv 14AR 2 5 2009 Deg ty Date: p3 Seal of the Court 21498-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRINDLE REHABILITATION CENTER 5124 EAST TRINDLE RD. MECHANICSBURG, PA 17055 RE: 21498 MONTE LEON SNAVELY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and. all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MONTH LEON SNAVELY 164 TEXACO ROAD, MECHANICSBURG, PA 17050 Social security #: XXX-XX-8529 Date of Birth: 06-13-1964 R1.81S 133-H SU10-0775284 21498-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MONTE L. AND PAMELEA L. SNAVELY TERM, CUMBERLAND -VS- CASE NO: 04-3104 KLEIN TRUCKING, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY KRAWITZ, 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: 03/25/2009 JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT R2.07 116-H DE11-0873231 21498-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONTE L. AND PAMELEA L. SNAVELY File No. 04-3104 VS. KLEIN TRUCKING, INC., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for (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 C= W- Inc_, 1601 Market Street Suite 800 Phiiade lia, 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: ADDRESS: TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: MAR 2 5 109 Seal of the Court BY THE COURT: Z(Z A,//'/i ? F- Prothonotary/Clerk, Civil Divisi Dep y 17 21498-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: AVRAAM KARAS,M.D. 5601 LOCKRAVEN BLVD. STE 404 BALTIMORE, MD 21239 RE: 21498 MONTE LEON SNAVELY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MONTE LEON SNAVELY 164 TEXACO ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-8529 Date of Birth: 06-13-1964 R1.81S 133-H SU10-0775286 21498-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MONTE L. AND PAMELEA L. SNAVELY TERM, CUMBERLAND -VS- CASE NO: 04-3104 KLEIN TRUCKING, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY KRAWITZ, 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: 03/25/2009 MCS on behalf of JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT R2.07 116-H DE11-0873234 21498-LO6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONTE L. AND PAMELEA L. SNAVELY File No. 04-3104 VS. KLEIN TRUCKING, INC., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BALTIMORE NEUROSURGICAL (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 M tn_ Inc 1601 Market SLEWL 4Lte 800, P it de bi 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 parry 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: ADDRESS: TELEPHONE: (15) 2464900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: W 2 5 2009 Seal of the Court BY THE COURT: /f/ ilz/f t??o Prothonotary/Clerk, Civil Divisi C? Deputy 21498-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BALTIMORE NEUROSURGICAL 6569 NORTH CHARLES ST. STE. 403 BALTIMORE, MD 21204 RE: 21498 MONTE LEON SNAVELY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : MONTE LEON SNAVELY 164 TEXACO ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-8529 Date of Birth: 06-13-1964 • R1.81S 133-H SU10-0775288 21498-LO6 f?,7 CT^ 0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS MONTE L. AND PAMELEA L. SNAVELY TERM, CUMBERLAND -VS- CASE NO: 04-3104 KLEIN TRUCKING, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY KRAWITZ, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/17/2009 MCS on behalf //of /S/ 't$" q J`rawitz, ?3c JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT R1.86S 133-H DE11-0932546 21498-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MONTE L. AND PAMELEA L. SNAVELY -VS- COURT OF COMMON PLEAS TERM, CASE NO: 04-3104 KLEIN TRUCKING, INC., ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PROGRESSIVE INSURANCE CO. INSURANCE TO: DUSAN BRATIC, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY KRAWITZ, 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: 06/25/2009 MCS on behalf of JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT CC: JEFFREY KRAWITZ, ESQ. - 31355-25 DUSAN BRATIC, ESQ. BRATIC & PORTKO 101 SOUTH U.S. ROUTE 15 SUITE A DILLSBURG, PA 17019 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.86S 133-H DE02-0528236 21498-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONTE L. AND PAMELEA L. SNAVELY File No. 04-3104 vs. KLEIN TRUCKING, INC., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PROGRESSIVE INSLIR ANCE CO. (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 Gr=- 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: JEFFREY KRAWITZ. ES ADDRESS: 1635 MARKET STREET TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL. 17 2009 c Date: ?Q d Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division I ??Ylf ?vc?a Deputy 21498-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PROGRESSIVE INSURANCE CO. 6300 WILSON MILLS ROAD W33 MAYFIELD VILLAGE. OH 44143 RE: 21498 MONTE LEON SNAVELY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INSURED:MONTE LEON SNAVELY POLICY:JYAIFK006FA000467 Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiff's claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : MONTE LEON SNAVELY 164 TEXACO ROAD, MECHANICSBURG, PA 17050 Social Security #: XXX-XX-8529 Date of Birth: 06-13-1964 R1.86S 133-H SU10-0791650 21498-LO7 FLED-DFFIGF OF THEE ' -'C-fi_,-Ii, 0TARY 2009 JUL 22 PH 3.5 b LVMBH per` i'rl Dili` CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: MONTE L. AND PAMELEA L. SNAVELY -VS- KLEIN TRUCKING, INC., ET AL ~1~~L - - , ~r ~_I '~ ,. tn,,,V 20!0 ~~~ 2 L r;°, 2• o ~ ,~ G~wo• JlJl~t . COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-3104 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY KRAWITZ, 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: 07/19/2010 MCS on behalf of /S/ ~e~~rey .JLrauiitz, ~~~_ -,~- JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT R1.95S 116-H DE11-1130402 21498-L2O Y ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MONTE L. AND PAMELEA L. SNAVELY -VS- KLEIN TRUCKING, INC., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 04-3104 NOTICE OF INTENT TO SERVE A SIISPOENA TO PRODIICB DOCIIMSNTS AND TBINaS FOR DISCOVERY PIIRSIIANT TO RIILE 4009.21 MARK P. HOLENCIK,DO MEDICAL RECORDS TO: DUSAN BRATIC, ESQ., PLAINTIFF COUNSEL MCS on behalf of JEFFREY KRAWITZ, 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 i,f 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: 06/25/2010 CC: JEFFREY KRAWITZ, ESQ. - 31355-25 DUSAN BRATIC, ESQ. BRATIC & PORTKO 101 SOUTH U.S. ROUTE 15 SUITE A DILLSBURG, PA 17019 MCS on behalf of JEFFREY KRAWITZ, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.95S 116-H DS02-0678848 21498-C~1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MONTE L. AND PAMELEA L. SNAVELY File No. 04-3104 vs. KLEIN TRUCKING, INC., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MARK P~30LENCIK,DO (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 1D1~.R **** at The MGS C:roitp__Inc._ 1601 Market Street Suite 800 Philade], hia_ 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:.. _JEFFREY KRAWITZ. E ADDRESS: 1635 MARKET STRFF.1 TELEPHONE: ,_(Z 151246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant B COURT: otary/Clerk, ivil Division JUL 1 g 2010 (1 _ o~ y~ oZ-Q ~ ~ Deputy Date: `-j~Lt~,c. Seal of the Court 21498-20 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: MARK P. HOLENCIK.DO 40 BROOKWOOD AVE. CARLISE. PA 17013 RE: 21498 MONTE LEON SNAVELY Prior approval is required for fees is excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication and prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requesteds up to and including the preseat. Subject MONTE LEON SNAVELY 164 TEEACO ROAD, MECHANICSBIIRQ, PA 17050 Social Security #: EBE-BZ-8529 Date of Birth: 06-13-1964 R1.95S 116-H SII10-0851962 21498-L20 CERTIFICATE 2u,, B AP 13 01! ' 6 F PREREQUISITE TO SERVICE OF A W ENA ,. T PURSUANT TO RULE 4009.22 IN THE MATTER OF: MONTE LEON & PAMELA SNAVELY VS. KLEIN TRUCKING, INC. ET AL. Court of Common Pleas - Cumberland County, PA TERM: / / CASE No: 04-3104 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JEFFREY A. R XIMZ Defendant 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) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. xx? V"b Date : 08/03/2010 RecordTrak on behalf of /S/ JEFFREY A. KRAWITZ Attorney for Defendant RT#: 211070 RECORDS PERTAIN TO: MONTE L. SNAVELY MONTE LEON & PAMELA SNAVELY COURT: Court Of Common Pleas - Cumberland County, Pa VS. TERM: / / KLEIN TRUCKING, INC. ET AL. DOCKET: 04-3104 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: ANTHONY GALLO SPECTOR, GADON & ROSEN 1635 MARKET STREET 7TH FLOOR PHILADELPHIA, PA 19103 (215) 531-9182 July 14, 2010 Please take notice that on behalf of JEFFREYA. KRAWM, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until August 3, 2010 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTR& FOR PRICING AND FAX THIS CORRESPONDENCE BY August 3, 2010 TO, (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Lisa Kaub 610-354-8321 RECORDTRAK 651 Allendale Road P. 0. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN MATERIALS BEING OBTAINED 1 OSTEOPATHIC 1. ALL MEDICAL RECORDS IN YOUR POSSESSIONYLEASE BE SURE TO HOSPITAL-HARRISBURG INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN (MED) (SEIDLE HOSP STORAGE. **INCLUDING BUT NOT LIIvIITED TO RECORDS FROM SEIDLE OSPITAL*** 2 OSTEOPATHIC 1. ALL X-RAYS, MRI SCANS, CT SCANS **PLEASE INCLUDE THE HOSPITAL-HARRISBURG (RAD FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. SEIDLE HOS LEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** ****INCLUDING BUT NOT LIl4IITED TO CORDS FROM SEIDLE HOSPITAL*** MONTE LEON & PAMELA SNAVELY VS. KLEIN TRUCKING, INC. ET AL. OSTEOPATHIC OSPUAL-HARRISBURG (BILL) (SEIDLE HO COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 04-3104 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRMEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOURPOSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS********* "INCLUDING BUT NOT LIMITED TO RECORDS FROM SEIDLE HOSPITAL*** Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: - - ---- -------- YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: FIRM: EMAIL: Date: Page 2 RT#: 211070 RECORDS PERTAIN TO: MONTE L. SNAVELY MONTE LEON & PAMELA SNAVELY COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: I1 KLEIN TRUCKING, INC. ET AL. DOCKET: 04-3104 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: SUSAN BRATIC 101 SOUTH U. S. ROUTE 15 SUITE A DILLSBURG, PA 17019 (000) 000-0000 July 14, 2010 Please take notice that on behalf of JEFFREYA. KRAWITZ, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until August 3, 2010 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRM FOR PRICING AND FAX THIS CORRESPONDENCE BY August 3, 2010 TO (610) 942-1405. All records will be provided (including no record statements) as produced by each record location. Lisa Kaub 610-354-8321 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN S BEING OBTAINED 1 OSTEOPATHIC ICAL RECORDS IN YOUR POSSESSION.PLEASE BE SURE TO 7- OSPITAL-HARRISBURG r ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN (SEIDLE HOSP **INCLUDING BUT NOT LMTED TO RECORDS FROM SEIDLE TTAL*** 2 OSTEOPATHIC 1. ALL X-RAYS, MRI SCANS, CT SCANS "PLEASE INCLUDE THE HOSPITAL-HARRISBURG (RAD FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. SEIDLE HOS LEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** ****INCLUDING BUT NOT LIMITED TO CORDS FROM SEIDLE HOSPITAL*** MONTE LEON & PAMELA SNAVELY VS. KLEIN TRUCKING, INC. ET AL. OSTEOPATHIC OSPTTAL-HARRISBURG (BELL) (SEIDLE HO COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 04-3104 . ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL TATEMENTS, ITEM= BILLING RECORDS, INSURANCE RECORDS, ,CCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS MITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT ECORDS IN YOURPOSSESSION. ********PLEASE SIGN THE ATTACHED ERTIFICATION AND RETURN WITH THE RECORDS********* *INCLUDING BUT NOT LIMITED TO RECORDS FROM SEIDLE IOSPTTAL*** Yes, I would like a copy of all of the records fisted above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: ---- - ----------- YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: FIRM: EMAIL: Date: Page 2 TO: OSTEOPATHIC HOSPITAL-HARRISBURG REcoRDTRAK (MED) (SEIDLE HOSP 651 Allendale Road 4300 LONDONDERRY ROAD P. O. Box 61591 HARRISBURG. PA 17109 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Monte Lson and Pamela- Snavely V . File No. 04-3104 Klein Trucking, Inc. and David. Klein and Ronald Louis . Kwasnk ka and Thomas Sunday AU4 PR , OR _132M FOR 099MVELY :j PURSUANT TO RULE 4M.22 TO: 0s+e00a lc nso?4a ! - arusburg (Name of Pwsmn or Chft Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the follovi documents TW_ or t hr Kid ar - at 13222131'IML 0 AAWNWe Rd PO Boat SIM Klno of Prussia. A 194M You may deliver or nail legible copies of the documents or produce things requested by this subpoena, together with the tartlflcats of compliance, to the party making this request at the address listed above. You may law the right to seek In advance the reasonable cost of preparing copies or producing the things sought. It you fail to produce the documents or things required by this subpoena within twenty (20) days after Its "mice, 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: ReamdTraK J jIM A. Krawibt. Esc. Address: 651 Alendele Rd. PO Bost 61591 I,(Inc of Prussia, PA 19406 Telephone: WO-801-7620 Supremw Court 00 Attorney for: DATE: Z%4 Za seal of the court BY THE COURT: ?A. d .?. ProthonotarylClerk, 10 hrl IvMIon RE: MONTE LEON & PAMELA SNAVELY vs. KLEIN TRUCKING, INC. ET AL. CASE NO. 04-3104 RECORDTRAK FILE #: 211070; TAG 1 LOCATION: OSTEOPATHIC HOSPITAL-HARRISBURG (MED) (SEIDLE HOSP RECORDS PERTAIN TO: MONTE L. SNAVELY SS #: 202-58-3950, DOB: 06/13/1964 1. ALL MEDICAL RECORDS IN YOUR POSSESSIONYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. **INCLUDING BUT NOT LIMMD TO RECORDS FROM SEIDLE HOSPITAL*** TO: OSTEOPATHIC HOSPITAL-HARRISBURG .RECORDTRAB (RAD) (SEEDLE HOS 651 Allendale Road 4300 LONDONDERRY ROAD P. O. Box 61591 HARRISBURG. PA 17109 Idng of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mai-is Leon and Pamela Snavely V File No. 04-3104 Klein Trucking, Inc. and David Klein and Ronald Louis : Kwasnkbca and Thomas Sunday TO: or VlMhin twenty (20) days alter service of this subpoena, you are ordered by the Court to produce the w eta or things: , at Rsoo r_rrir_k- o A1111andaft Rd PO Box 611101. Kkw of Pruasla. PA 16406. You may deliver or rnail legible copies of the docun>lenb or produce things requested by this subpoena, te,sl w with the cergflade of compliance, to the party malfiing this request at the addrsov listed above. You msy hove the right to seek In advance the reasonable coat of preparing copies or producing the things sought. document; 9 you fall to produce the Its service, the party serving thissubpoena may seek a court orby Vft der corapelli subpoena you to cornply with I THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE 'FOLLOWING PERSON: Name: BY THE COURT: DATE: 71flm Seal of the Court Prothonotary/Clsrk, 02 Dhrlslan RE: MONTE LEON & PAMELA SNAVELY vs. KLEIN TRUCKING, INC. ET AL. CASE NO. 04-3104 RECORDTRAK FILE #: 211070; TAG 2 LOCATION: OSTEOPATHIC HOSPITAL-HARRISBURG (RAD) (SEIDLE HOS RECORDS PERTAIN TO: MONTE L. SNAVELY SS #: 202-58-3950, DOB: 06/13/1964 1. ALL X-RAYS, MRI SCANS, CT SCANS **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** ****INCLUDING BUT NOT LWIED TO RECORDS FROM SEIDLE HOSPITAL*** To: OSTEOPATHIC HOSPITAL-HARRISBURG RECORDTRAS (BILL) (SEIDLE HO 651 Allendale Road 4300 LONDONDERRY ROAD P. O. Box 61591 HARRISBURG. PA 17109 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mont Leon and Pamela ' Snavely - V ; File No. 04-3104 Klein Trucking, Inc. and David Kin and Ronald Louis Kwasnlcke and Thomas . Sunday TO: 0S+e0RGk4h1c arris6urok (Name of Person or Within t"* (20) days after service of this subpoena, you are ordered by the Court to produce the fouowll doaytii?b at Record? MH AbAM Rd PO On 61681. Kim of Pnmsia. PA J"06. You may deliver or mail legible copies of the documents or produce things requeslsd by this subpoena, together with the cerdfiaats of cornplance, to the party nrddng this request at the address listed above. You may have the right to seek In advance the reasonable cost of preparing copies or producing the things sought. N you fall to produce the docmnents or things rsgrbed by this subpoena within twenty (20) days after Its service, the party serving this subpoena may seek a court order compelling you to comply wNh it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: DATE: &&& seal or" court BY THE COURT: RE: MONTE LEON & PAMELA SNAVELY vs. KLEIN TRUCKING, INC. ET AL. CASE NO. 04-3104 RECORDTRAK FILE #: 211070; TAG 3 LOCATION: OSTEOPATHIC HOSPITAL-HARRISBURG (BILL) (SEIDLE HO RECORDS PERTAIN TO: MONTE L. SNAVELY SS #: 202-58-3950, DOB: 06/13/1964 I . ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOURPOSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS********* **INCLUDING BUT NOT LWMD TO RECORDS FROM SEIDLE HOSPITAL*** CERTIFICATE N 10 12 PREREQUISITE TO SERVICE OF A S6w fk PURSUANT TO RULE 4009.22 IN THE MATTER OF: MONTE LEON & PAMELA SNAVELY vs. KLEIN TRUCKING, INC. ET AL. Court of Common Pleas - Cumberland County, PA TERM: / / CASE No: 04-3104 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JEFFREY A KRAWITZ Defendant 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) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 11/08/2010 RecordTrak on behalf of /S/ JEFFREY A. KRAWITZ Attorney for Defendant RT#: 211070 RECORDS PERTAIN TO: MONTE L. SNAVELY MONTE LEON & PAMELA SNAVELY COURT vs. : TERM: KLEIN TRUCKING, INC. ET AL. DOCKET: Court Of Common Pleas - Cumberland County, Pa 04-3104 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: ANTHONY GALLO SPECTOR, GADON & ROSEN 1635 MARKET STREET 7TH FLOOR PHILADELPHIA, PA 19103 (215) 531-9182 October 18, 2010 Please take notice that on behalf of JEFFREYA. KRAWITZ, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until November 8, 2010 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY November 8, 2010 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Lisa Kaub 610-354-8321 REcoRDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG OECORD CUSTODIAN 1 MATERIALS BEING OBTAINED JACKSON SIEGELBAUM 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL CROENTEROLOGY(SIEGE STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ) ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT CORDS IN YOUR POSSESSION. 2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENT'S INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.3. ALL -RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** ***INCLUDING, BUT NOT LIMITED TO, RECORDS FOR DR. STEVEN SIEGELBAUM.*** MONTE LEON & PAMELA SNAVELY COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: / / KLEIN TRUCKING, INC. ET AL. DOCKET: 04-3104 Yes, I would like a copy of all of the records listed above. _ Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: ------------------------------------------------------------------------------------------------------------------------------------ YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: FIRM: EMAIL: Date: Page 2 RT#: 211070 RECORDS PERTAIN TO: MONTE L. SNAVELY MONTE LEON & PAMELA SNAVELY COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: / / KLEIN TRUCKING, INC. ET AL. DOCKET: 04-3104 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: SUSAN BRATIC 101 SOUTH U. S. ROUTE 15 SUITE A DILLSBURG, PA 17019 (000) 000-0000 October 18, 2010 Please take notice that on behalf of JEFFREY A. KRAWITZ, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until November 8, 2010 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY November 8, 2010 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Lisa Kaub 610-354-8321 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN 4 JACKSON SIEGELBAUM TO ALS BEING OBTAINED . ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL TATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS dUT'TEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT :ECORDS IN YOUR POSSESSION. 2. ALL MEDICAL RECORDS IN YOUR OSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST .ESULTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS .ECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE ATIENT'S INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL LRCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.3. ALL -RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. *PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND 'BE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, .4CLUDING DATES OF STUDY PRIOR TO COPYING.** ***INCLUDING, 1UT NOT LIMITED TO, RECORDS FOR DR. STEVEN SIEGELBAUM.*** MONTE LEON & PAMELA SNAVELY COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: / / KLEIN TRUCKING, INC. ET AL. DOCKET: 04-3104 Yes, I would like a copy of all of the records listed above. - Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: ------------------------------------------------------------------------------------------------------------------------------------ YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: FIRM: EMAIL: Date: Page 2 T0: JACKSON SIEGELBAUM RECORDTRAK GASTROENTEROLOGY(SIEGELBAUNf) 651 Allendale Road 423 N. 21ST STREET P. O. Box 61591 CAMP HILL. PA 17011 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Monte Leon and Pamela Snavely V File No. 04-3104 Klein Trucking, Inc. and David ; Klein and Ronald Louis Kwasnicka and Thomas Sunday TO: r - mac. sv. l J tC t,e-c. 54 (Marne of Person or Within twenty (20) days after servMf this sub of following documents or things: a;ffi 6 ordered by the Court to produce the at Ej222C j3L 831 Allendale Rd PO Box 811 , Klna of Prussia,,?A? 1 Si I6, 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 may have the right to seek In advance the reasonable cost of preparing 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 oMer comoolling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Reco Tr Jeffery Q Kravritx Esa Address: 651 Allendale Rd. PO &A 61591 609 of EMIa. PA 19406 Telephone: M:$01-7824 Supreme Court 100 Attorney for: DATE: 17/ Ili! Seei of the Court. BY THE COURT: RE: MONTE LEON & PAMELA SNAVELY vs. KLEIN TRUCKING, INC. ET AL. CASE NO. 04-3104 RECORDTRAK FILE #: 211070; TAG 4 LOCATION: JACKSON SIEGELBAUM GASTROENTEROLOGY(SIEGELBAUM) RECORDS PERTAIN TO: MONTE L. SNAVELY SS #: 202-58-3950, DOB: 06/13/1964 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR POSSESSION. 2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS, CORRESPONDENCE, QUESTIONNAIRES/MSTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. 3. ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING.** ***INCLUDING, BUT NOT LIMITED TO, RECORDS FOR DR. STEVEN SIEGELBAUM. * * * MCCUMBER, DANIELS, BLINTZ, HARTIG & PUIG, P.A. BY: LAWRENCE M. SILVERMAN I.D. Nos.: 17854 1400 South Trooper Road Suite 102 Eagleville, PA 19403 610-650-0871 MONTE L. SNAVLEY and PAMELA L. SNAVLEY, husband and wife, o hl o''i .Jfit. r . ry i f • C. J COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. No. 04-3104 KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA, and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/D/B/A SUNDAY TRUCKING Defendants : CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Lawrence M. Silverman, Esquire on behalf of the Defendants, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased in the above- referenced action. MCCUMBER, DANIELS, BUNTZ, HARTIG & PUIG, P.A. BY.. Date: <? 0 LAWRENCE M. SILVERMAN Attorneys for Defendants, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased CERTIFICATE OF SERVICE Lawrence M. Silverman, Esquire, hereby certifies that he did cause a copy of the Withdraw of Appearance of Jeffrey A. Krawitz, Esquire and the Entry of Appearance of Lawrence M. Silverman, Esquire on behalf of Defendants, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased to be sent first class mail to the following: Dusan Bratic, Esquire Bratic & Portico 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 MCCUMBER, DANIELS, BLINTZ, HARTIG & PUIG, P.A. \?jv n i I\? BY. LAWRENCE M. SILVERMAN Attorneys for Defendants, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased Date: 5J t S - I '-L L SPECTOR GADON AND ROSEN F.G: : , , BY: JEFFREY A. KRAWITZ, ESQUIRE `Attorneys for Defendants omas Sunday Inc., and 7 ¢r;?' 21 s, Attorney I.D. No.: 49530 1635 Market St., 7th Floor Ronald Louis Kwasnicka, .Ei' O f L 1i C7 Philadelphia, PA 19103 COUNTdeceased ?,i?( Fax:(215)825-8993 MONTE L. SNAVLEY and PAMELA L. SNAVLEY, husband and wife, Plaintiffs V. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA, and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/D/B/A SUNDAY TRUCKING Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY : No. 04-3104 : CIVIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendants, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased in connection with the above-referenced matter. SPECTOR GADON & ROSEN, P.C. r - P By: JEFFREY A. KRAWITZ LITCHFIELD CAVO LLP BY: LAWRENCE M. SILVERMAN, ESQUIRE Attorneys for Defendants Attorney I.D.No.: 17854 Thomas Sunday Inc., and 1515 Market Street, Suite 1130 Ronald Louis Kwasnicka, Philadelphia,PA 19102 deceased 215-999-5761 Fax: 215 557-3771 MONTE L. SNAVLEY and : COURT OF COMMON PLEAS PAMELA L. SNAVLEY, husband and wife, : CUMBERLAND COUNTY • Plaintiffs v. No. 04-3104 21:3 KLEIN TRUCKING, INC. and : CIVIL ACTION - LAW 'a; DAVID KLEIN, Individually and DAVID KLEIN : G T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA, and • °3 THOMAS SUNDAY, Individually and THOMAS :. , SUNDAY T/D/B/A SUNDAY TRUCKING s Defendants : JURY TRIAL DEMANDED DEFENDANTS, THOMAS SUNDAY INC. AND RONALD LOUIS KWASNICKA'S MOTION TO COMPEL RESPONSES TO DEFENDANTS' EXPENSE INTERROGATORIES AND SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS Defendants, Thomas C. Sunday, Inc. (incorrectly named as Thomas Sunday, Individually and Thomas Sunday t/d/b/a Sunday Trucking) (herein"TCS") and Ronald Louis Kwasnicka, deceased (incorrectly named as Ronald Louis Kwasnicka), by and through their undersigned counsel hereby respectfully moves this Honorable Court to enter an order compelling Monte L. Snavely and Pamela L. Snavely, (hereafter"plaintiffs") to provide full and complete discovery responses to Defendants' Supplemental Request for Production of Documents Directed to Plaintiffs and Expense Interrogatories Directed to Plaintiffs (hereafter "supplemental discovery requests") and in support of this motion, avers as follows: 1. The instant case was initiated by the plaintiffs via the filing of a Writ of Summons on or about July 2, 2004. 2. After a number of failed attempts at service upon non-existent entities or entities having no connection to this action, plaintiffs filed a complaint on July 3, 2006. 2. The plaintiffs' complaint alleges that on July 3, 2002, defendant Kwasnicka was negligent while operating a tractor trailer on behalf of defendant TCS and that as a result plaintiff sustained injuries. 3. On or about May 18, 2012 and June 1, 2012, defendants, served supplemental discovery requests on counsel for plaintiff to be responded to in accordance with Pennsylvania Rules of Civil Procedure, Rule 4000.1. 4. Thereafter on or about October 7, 2013, counsel for defendants wrote a letter to plaintiff's attorney requesting that plaintiff respond to the Expense Interrogatories and Supplemental Request for Production of Documents (A true and correct copy of correspondence dated October 7, 2013 is attached hereto as Exhibit A). 5. To date, no response has been received. 6. The information requested by the defendants is relevant, material and necessary to the defendants' ability to defend against the claims asserted by plaintiffs. WHEREFORE, pursuant to Pa.R.Civ.P. 4000.1 et seq., it is respectfully requested that this Court enter the attached Order directing the plaintiffs to respond to the supplemental discovery requests without objection within 10 days of this Order or suffer further sanctions upon application to the Court. LITCHFIELD CAVO LLP Dated: 1 0 —d2\—\ BY: CJ�1JllQ LAWRENCE M. SILVERMAN Attorney for Defendants Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased LITCHFIELD CAVO LLP BY: LAWRENCE M. SILVERMAN, ESQUIRE Attorneys for Defendants Attorney I.D.No.: 17854 Thomas Sunday Inc., and 1515 Market Street, Suite 1130 Ronald Louis Kwasnicka, Philadelphia, PA 19102 deceased 215-999-5761 Fax: 215 557-3771 MONTE L. SNAVLEY and : COURT OF COMMON PLEAS PAMELA L. SNAVLEY, husband and wife, : CUMBERLAND COUNTY Plaintiffs • v. No. 04-3104 KLEIN TRUCKING, INC. and : CIVIL ACTION - LAW DAVID KLEIN, Individually and DAVID KLEIN : T/DB/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA, and • THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/DB/A SUNDAY TRUCKING Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lawrence M. Silverman, Esquire,hereby certify that on this 21st day of October,2013, I caused a true and correct copy of Defendants' Motion to Compel Responses to Interrogatories and Request for Production of Documents be served, via regular First Class Mail to the following party: Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 GA14-0 - - Lawrence M. Silverman, Esquire L I II I-IF 1ELD 1515 Market ADDRESui 1515 Market Street,Suite 1130 Philadelphia,PA 19102-1903 y CAVO �� 215-557-3771 Attorne sat Law 215-557-3771 (fax) An Illinois Limited Liability Partnership Lawrence M.Silverman Email: Silverman @litchfieldcavo.com October 7,2013 Dusan Bratic, Esquire Bratic and Portko 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Monte and Pamela Snavley v. Thomas Sunday Trucking,Inc. et al. C.C.P. Cumberland County—NO.: 04-3104 Our File No.: 031355-0025 Dear Mr. Bratic: I served discovery on you on May 18, 2012 and June 1, 2012 copies of which are attached. I have never received any responses. I will file a motion ten days after the date of this letter if I do not receive full and complete responses. I also will shortly notice the depositions of your client's two friends who were with him on the day of the accident. Sincerely, { '.t..Q,t t,l z(p - Lawrence M. Silverman Chicago•Hartford•Boston•New York•New Jersey•Philadelphia•Houston•Los Angeles•Fort Lauderdale•Tampa•Wisconsin www.litchfieldcavo.com TtA Cumber Daniels CHRISTOEPHEERT1.ORZELZ = DEREK M.DANIELS*A• MARY BETH DAVIS•• JOEL 1.FISHBEIN•• JUDD W.GOODALL* ATTORNEYS AT LAW MICHAEL ARTIG �. MARK B.HARTIG••• wW W.MCCUMBERDANIELS.COM PATRICK J.HEALEY•• KYLEEN A.HUDSON" FRED J.HUGHES•• RIVERVIEW CORPORATE CENTER ANDREW R.MCCUMBER"• 1400 SoumH TROOPER ROAD,STE.102 JOHN F.MCGREEVEY•• AMYL.MILES" EAGLEVILLE,PA 19403 STARLETT MILLER"A■ TELEPHONE:610-650-0871 MARC L. PENCHANSKY•• FACSIMILE:610-650-0872 KIMBERLY A.POTTER* KENNETH A.PUIG" ROBERT W.PYLES* ALBERT M.RODRIGUEZ* LAWRENCE M.SILVERMAN• KAREN L.TUCCI June 1, 2012 Dusan Bratic, Esquire •LICENSED IN MISSISSIPPI Bratic. and Portko ■LICENSED IN NEW JERSEY 101 Office Center, Suite A ♦LICENSED IN PENNSYLVANIA •LICENSED IN TENNESSEE 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Monte and Pamela Snavley v. Thomas Sunday Trucking,-Inc. et al. C.C.P. Cumberland County—NO.: 04-3104 Our File No.: 031355-0025 Dear Mr. Bratic: Enclosed are defendants' supplemental request for production of documents addressed to plaintiff in connection with the above-captioned matter. Kindly respond within time required by Pennsylvania Rules of Civil Procedure. Thank you for your attention to this matter. Sincerely, ti wk.& ti /, _m LAWRENCE M. SILVERMAN LMS/lem Enclosure MCCUMBER,DANIELS,BuNTZ,HARTIG&PuIG,P.A. ONE URBAN CENTRE RIVERVIEW CORPORATE CENTER 4830 WEST KENNEDY BLVD.,STE.300 1400 SOUTH TROOPER ROAD,STE.102 TAMPA,FL 33609-2521 EAGLEVILLE,PA 19403 1324852 TELEPHONE:813-287-2822 TELEPHONE:610-650-0871 FACSIMILE:813-287-2833 FACSIMILE:610-650-0872 McCumber Daniels CHRISTOPHER T.BORZELL= E.PATRICK BUNTZ' DEREK M.DANIELS••• MARY BETH DAVIS•• JOEL I.FISHBEINA• JUDD W.GOODALL• ATTORNEYS AT LAW MICHAEL GOULD♦. W W W.MCCUMBERDANIELS.COM MARK B.HARTIG PATRICK J.HEALEY A■ KYLEEN A.HUDSON• RIVERVIEW CORPORATE CENTER FRED J.HUGHES • ANDREW R.MCCUMBER • 1400 SOUTH TROOPER ROAD,STE.102 JOHN F.MCGREEVEY•• EAGLEVILLE,PA 19403 AMYL.MILES* TELEPHONE:610-650-0871 STARLETT MILLER• • FACSIMILE:610-650-0872 MARC L. PENCHANSKY•• KIMBERLY A.POTTER* KENNETH A.PUIG' ROBERT W.PYLES* ALBERT M.RODRIGUEZ' LAWRENCE M.SILVERMAN• KAREN L.TUCCI May 18, 2012 Dusan Bratic, Esquire 'LICENSED IN FLORIDA 7� •LICENSED IN MISSISSIPPI Bratic and Portko •LICENSED IN NEW JERSEY •LICENSED IN PENNSYLVANIA 101 Office Center, Suite A •LICENSED IN TENNESSEE 101 South U.S. Route 15 Dillsburg, PA 17019 RE: Monte and Pamela Snavley v. Thomas Sunday Trucking,Inc. et al. C.C.P. Cumberland County—NO.: 04-3104 Our File No.: 031355-0025 Dear Mr. Bratic: Enclosed are defendants' Expense Interrogatories addressed to plaintiff in connection with the above-captioned matter. Kindly respond within time required by Pennsylvania Rules of Civil Procedure. Thank you for your attention to this matter. Sincerely, LAWRENCE M. SILVERMAN LMS/lem Enclosure MCCUMBER,DANIELS,BLINTZ,HARTIG&PUIG,P.A. ONE URBAN CENTRE RIVERVIEW CORPORATE CENTER 4830 WEST KENNEDY BLVD.,STE.300 1400 SOUTH TROOPER ROAD,STE.102 TAMPA,FL 33609-2521 EAGLEVILLE,PA 19403 1324852 TELEPHONE:813-287-2822 TELEPHONE:610-650-0871 FAC'SIM11 F' MONTE L. SNAVLEY and : IN THE COURT OF COMMON PLEAS OF PAMELA L. SNAVLEY, : CUMBERLAND COUNTY, PENNSYLVANIA husband and wife, • Plaintiffs • v. : CIVIL ACTION—LAW KLEIN TRUCKING, INC., and : DAVID KLEIN, Individually : and DAVID KLEIN T/D/B/A : KLEIN TRUCKING, INC., and : -- = `` 7' M CD RONALD LOUIS KWASNICKA,: ., --4 �J and THOMAS SUNDAY, : n` •a ' c.11 Individually and THOMAS : ; SUNDAY T/D/B/A SUNDAY : `� ' TRUCKING, { Defendants : NO. 04-3104 CIVIL TERM IN RE: DEFENDANTS THOMAS SUNDAY, INC. AND RONALD LOUIS KWASNICKA'S MOTION TO COMPEL RESPONSES TO DEFENDANTS' EXPENSE INTERROGATORIES AND SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 25th day of October, 2013, upon consideration of the above- captioned motion, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, 6— ,7fiLe( Christylee L. Peck, J. Dusan Bratic, Esq. 101 Office Center, Suite A 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for Plaintiffs ./Lawrence M. Silverman, Esq. Litchfield Cavo, LLP 1515 Market Street, Suite 1130 Philadelphia, PA 19102 Attorney for Defendants Thomas Sunday, Inc., and Ronald Louis Kwasnicka :rc iCS O .ikL /UaS/1.3 BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY & KRAMER, 510 Swede Street Norristown, PA 19401 (610) 275-2000 LLP ATTORNEY FOR DEFENDANTS, Thomas Sunday, Inc., and Ronald Louis Kwasnicka, deceased MONTE SNAVELY and PAMELA SNAVELY, husband and wife v. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA and THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/D/B/A SUNDAY TRUCKING COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-3104 cn -10 d JURY TRIAL DEMANDED' ENTRY OF APPEARANCE t rn C` TO THE PROTHONOTARY: Kindly ENTER my appearance as counsel for defendants, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased, in the above -captioned matter. KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: DATE: 5_1h/7-4 /If I EVELO/R. DEVINE LITCHFIELD CAVO LLP. BY: LAWRENCE M. SILVERMAN Attorney I.D. No.: 17854 1515 Market Street, Suite 1220 Philadelphia, PA 19102 Fax: (215) 999-5761 MONTE L. SNAVELY and PAMELA L. SNAVELY, husband and wife, Plaintiffs v. Attorneys for Defendants Thomas Sunday Inc., and Ronald Louis Kwasnicka, deceased : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.04-3104 KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA, and THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/D/B/A SUNDAY TRUCKING Defendants CIVIL ACTION - LAW r? 7-> C) I � : JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendants, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased in connection with the above -referenced matter. LITCHFIELD CAVO LLP LAWRENCE M. SILVERMAN BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY &. KRAMER, 510 Swede Street Norristown, PA 19401 (610) 275-2000 LLP ATTORNEY FOR DEFENDANTS, Thomas Sunday, Inc., and Ronald Louis Kwasnicka, deceased MONTE SNAVELY and PAMELA SNAVELY, husband and wife v. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA and THOMAS SUNDAY, Individually and THOMAS : COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-3104 rrl SUNDAY T/D/B/A SUNDAY TRUCKING : JURY TRIAL DEMANDED r---‹.) DEMAND FOR TRIAL BY A JURY OF TWELVE MEMBERS TO THE PROTHONOTARY: Defendants, Thomas C. Sunday, Inc. and Ronald Louis Kwasnicka, deceased, by their attorney, Evelyn Rodriguez Devine, Esquire, hereby request a trial by a jury of twelve (12) members plus two alternates; trial to proceed as long as there are twelve (12) members available. KANE, PUGH, KNOELL, TROY & KRAMER, LLP DATE: 5/y /'9fr ODRIGUEZ DEVINE, ESQUIRE f BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY & KRAMER, 510 Swede Street Norristown, PA 19401 (610) 275-2000 LLP ATTORNEY FOR DEFENDANTS, Thomas Sunday, Inc., and Ronald Louis Kwasnicka, deceased MONTE SNAVELY and PAMELA SNAVELY, husband and wife v. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA and THOMAS SUNDAY, Individually and THOMAS : -0 SUNDAY T/D/B/A SUNDAY TRUCKING : JURY TRIAL DEMAI\ SUGGESTION OF DEATH r a N.) The death of Ronald Louis Kwasnicka occurred on April 3, 2006. LED COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-3104 Na KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: &i}t/A-e, EVELYN . DEVINE, ESQUIRE Attorney for Defendants Thomas Sunday, Inc., and Ronald Louis Kwasnicka, deceased f r; f) IN THE MATTER OF: SNAVELY CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 -VS- SUNDAY TRUCKING, ET AL UMW COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 04-3104 C-) n.a m2.3 As a prerequisite to service of a subpoena for documents and things plik u to Rule 4009.22 G MCS on behalf of EVELYN DEVINE, ESQ. certifies that CO (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) The parties have waived the twenty -day notice provided in Rules 4009.21 and 4009.22 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: 06/11/2014 MCS on behalf of EVELYN OhEVINE, ESQ. Attorney for DEFENDANT MCS # 85842-L01 DE12 - JUN -15-2014 06:48 PM June 11th, 2014 Records & Reporling 1601 MARKET STREET, #800, PHILADELPHIA, PA 19103 Phone: (215)246-0900 Fax: 215-531-5759 URGENT!!!!! URGENT!!!! URGENT!!!!! MONTE SNAVELY 164 TEXACO RD. SNAVELY Vs SUNRAY TRUCKING, ET AL KANE, PUGH, ET AL EVELYN DEVINE, ESQ. (610)275-2000 We have been requested by the above-mentioned counsel to obtain material on an expedited basis from the below listed custodians. In order to comply with this request we must have your signature indicating that you waive the twenty -day notice period provided in Rules 4009.21 and 4009.22. Please fax this farm to us Immediately at 215-531-5754 with your siqnature so that we may comply with this request. Your cooperation would be greatly appreciated. Sincerely, Janice McCaffrey 3McCaffrey@themcsgroup.com Counsel: PRO SE MONTE SNAVELY (PRO -SE) Fax: ( ) - I agree to waive waiting peri Copies: Yes No Date: e i oice provided with the documents Review Documents; Yes .- - --Advise of Cost YES/NO Scan/Upload I do not agree to waive rule; Date; Billing Info: Handling Paralegal RRWL — MCS # 85842-01 thru 01 COMMONWEALTH OF PENNSYLVANIA IN THE MATTER OF: SNAVELY COUNTY OF CUMBERLAND -VS- SUNDAY TRUCKING, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 04-3104 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HEALTHSOUTH DIAGNOSTIC CENTER MEDICAL RECORDS & RADIOLOGY TO: MONTE SNAVELY (PRO -SE), PLAINTIFF COUNSEL MCS on behalf of EVELYN DEVINE, 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: 06/11/2014 MCS on behalf of EVELYN DEVINE, ESQ. Attorney for DEFENDANT CC: EVELYN DEVINE, ESQ. THE MCS GROUP INC. MONTE SNAVELY (PRO -SE) 1601 MARKET STREET PRO SE #800 164 TEXACO ROAD PHILADELPHIA, PA 19103 (215) 246-0900 MECHANICSBURG, PA 17055 MCS # 85842-CO1 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SNAVELY vs. SUNDAY TRUCKING, ET AL File No. 04-3104 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HEALTHSOUTH DIAGNOSTIC CENTER (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 Group. 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: EVELYN DEVINE, ESQ. ADDRESS: 510 SWEDE STREET NORRISTOWN. PA 19401 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: JU14 1 9 2014 \ NI ILI Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division 85842-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR:_ HEALTHSOUTH DIAGNOSTIC CENTER OF CAMP HILL 4349 CARLISLE PIKE CAMP HILL, PA 17011 RE: MCS # 85842-L01 MONTE SNAVELY 164 TEXACO RD. MECHANICSBURG, PA 17050 Social Security #: XXX -XX -8529 Date of Birth: 06-13-1964 Please provide entire medical and diagnostic film file, including but not limited to any and all inpatient and outpatient records, ER records, physical therapy records, correspondence to and from the consulting and treating physicians. Include all files, memoranda, handwritten records and notes, emails, phone messages, history and physical reports. Including any and all laboratory & office/admission charts. Supply all medication and prescription records. Provide all diagnostic films and tests, including CAT scans, CT scans, EEG's EKG'S, EMG'S, MRI'S, and x-ray and all corresponding reports or inventories. This should contain all records in your possession, all office and admission charts, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. INCLUDE SPECIFICALLY MRI OF CERVICAL SPINE FROM 9/25/02 Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 85842-L01 SU10 VILLARI, LENTZ & LYNAM, LLC By: Thomas A. Lynam, III, Esquire Attorney T.D. No. 83817 1600 Market Street, Suite 1800 Philadelphia, PA 19103 215-568-1990 / Fax: 215-568-9920 E -Mail: tlynam@v11-law.com This is a Major Jury Case Assessment of Damages Hearing Required ATTORNEY FOR PLAINTIFF MONTE SNAVELY and PAMELA SNAVELY (h/vv) Plaintiff, V. KLEIN TRUCKING, INC., et al. Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY ... CD IV = C=3 '151 :64 - ---4 m�3 C,) :It -4.- 7' rT1 rrl M - : m 23 C2 73 NO. 04-3104 (....o7 r.....) xl r- —i c-:; <C) --ri --ci > (-) "77* "11 X Q JURY TRIAL DEMANDED ---4 r...-, -> --,-: ---1 -' ENTRIES OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance, as counsel for Plaintiffs, Monte Snavely and Pamela Snavely, in the above named matter. Date: Date: By: By: THOMAS A. L AM, III, ESQUIRE EO G. VILLARI, ESQUIRE CERTIFICATE OF SERVICE I, Leonard G. Villari, Esquire, along with my partner, Thomas A. Lynam, III, Esquire, hereby certify that I am this day serving the foregoing document upon the following person via First Class Mail: Evelyn R. Devine, Esquire Kane, Pugh, Knoell, Troy & Kramer, LLP 510 Swede Street Norristown, PA 19401 Leonard G. Villari, Esquire Thomas A. Lynam, III, Esquire Attorney for Plaintiffs sf° BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY & KRAMER, 510 Swede Street Norristown, PA 19401 (610) 275-2000 LLP ATTORNEY FOR DEFENDANTS, Thomas Sunday, Inc., and Ronald Louis Kwasnicka, deceased MONTE SNAVELY and PAMELA SNAVELY, husband and wife v. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA and THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/D/B/A SUNDAY TRUCKING COURT OF COMMON PLEAS CUMBERLAND COUNTY r -- -a CJ)E NO. 04-3104 JURY TRIAL DEMANDED CZ CD C.") DEFENDANTS, THOMAS SUNDAY INC. AND RONALD LOUIS KWASNICKA'S MOTION TO COMPEL PLAINTIFFS' RESPONSES TO DEFENDANTS' UPDATED MEDICAL INTERROGATORIES Defendants, Thomas C. Sunday, Inc. (incorrectly named as Thomas Sunday, Individually and Thomas Sunday t/d/b/a Sunday Trucking) (herein "TCS") and Ronald Louis Kwasnicka, deceased (incorrectly named as Ronald Louis Kwasnicka), by and through their undersigned counsel hereby respectfully moves this Honorable Court to enter an order compelling Monte L. Snavely and Pamela L. Snavely, (hereafter "plaintiffs") to provide full and complete discovery responses to Defendants' Updated Medical Interrogatories Directed to Plaintiffs and in support of this motion, avers as follows: 1. The instant case was initiated by the Plaintiffs via the filing of a Writ of Summons on or about July 2, 2004. Plaintiffs' Complaint was filed on July 3, 2006. 2. The Plaintiffs' Complaint alleges that on July 3, 2002, Defendant Kwasnicka was J• negligent while operating a tractor trailer and as a result Plaintiff sustained injuries. 3. On or about August 18, 2014, Defendants served updated Medical Interrogatories on Counsel for Plaintiffs to be responded to in accordance with Pennsylvania Rules of Civil Procedure, Rule 4000.1. (See Exhibit A). 4. Thereafter on or about September 18, 2014, counsel for Defendants wrote a letter to plaintiff's attorney requesting that Plaintiffs respond to said discovery. (See Exhibit B). 5. To date, no response has been received. 6. The information requested by the Defendants is relevant, material and necessary to the Defendants' ability to defend against the claims asserted by Plaintiffs. 7. Pursuant to Cumberland County Local Rules 208.3 (a)(2) no judge has ruled upon any other issues in this matter or any related matter. WHEREFORE, pursuant to Pa.R.Civ.P. 4000.1 et seq., it is respectfully requested that this Court enter the attached Order directing the Plaintiffs to respond to the discovery requests without objection within 10 days of this Order or suffer further sanctions upon application to the Court. KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: EV R. DEVINE Attorney for Defendants, Thomas Sunday Inc. and Ronald Louis Kwasnicka, deceased BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY & KRAMER, 510 Swede Street Norristown, PA 19401 (610) 275-2000 LLP ATTORNEY FOR DEFENDANTS, Thomas Sunday, Inc., and Ronald Louis Kwasnicka, deceased MONTE SNAVELY and PAMELA SNAVELY, husband and wife vi. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-3104 KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA and THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/D/B/A SUNDAY TRUCKING JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Evelyn R. Devine, Esquire, hereby certify I caused a true and correct copy of Defendants' Motion to Compel Responses to Interrogatories to be served, via regular First Class Mail to all counsel of record. KANE, PUGH, KNOELL, TROY & KRAMER, LLP DATE: BY: EVEf R. DEVINE Attorney for Defendants, Thomas Sunday Inc. and Ronald Louis Kwasnicka, deceased MONTE L. SNAVLEY and PAMELA L. SNAVLEY, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW KLEIN TRUCKING, INC., and : DAVID KLEIN, Individually : and DAVID KLEIN T/D/B/A : KLEIN TRUCKING, INC., and : RONALD LOUIS KWASNICKA,: and THOMAS SUNDAY, Individually and THOMAS SUNDAY T/D/B/A SUNDAY TRUCKING, Defendants : NO. 04-3104 CIVIL TERM IN RE: DEFENDANTS THOMAS SUNDAY, INC. AND RONALD LOUIS KWASNICKA'S MOTION TO COMPEL PLAINTIFFS' RESPONSES TO DEFENDANTS' UPDATED MEDICAL INTERROGATORIES ORDER OF COURT c=i CZ) C") \.) c.? AND NOW, this 21st day of October, 2014, upon consideration of the above - captioned motion, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, C 's y ee L. Peck, L,T<omas A. Lynam, III, Esq. Leonard G. Villari, Esq. 1600 Market Street, Suite 1800 Philadelphia, PA 19103 Attorney for Plaintiffs c/ECelyn Rodriguez Devine, Esq. 510 Swede Street Norristown, PA 19401 Attorney for Defendants Thomas Sunday, Inc., and Ronald Louis Kwasnicka, Deceased :rc ez, E.s irea BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY & KRAMER, 510 Swede Street Norristown, PA 19401 (610) 275-2000 LLP ATTORNEY FOR DEFENDANTS, Thomas Sunday, Inc., and Ronald Louis Kwasnicka, deceased MONTE SNAVELY and PAMELA SNAVELY, husband and wife v. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA and THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/D/B/A SUNDAY TRUCKING COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-3104 �n r JURY TRIAL DEMALIDE CERTIFICATE OF SERVICE LAD iND CD r I, Evelyn R. Devine, Esquire, hereby certify that the Order of Court dated October 21, 2014 with respect to Defendants Thomas Sunday, Inc. and Ronald Louis Kwasnicka's Motion to Compel Plaintiffs' Responses to Defendants' Updated Medical Interrogatories has been served upon plaintiffs' counsel: KANE, PUGH, KNOELL, TROY & KRAMER, LLP DATE: 10 )A7 by BY: yx.e_ EVELYN". DEVINE Attorney sr Defendants, Thomas Sunday Inc. and Ronald Louis Kwasnicka, deceased BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY & KRAMER, 510 Swede Street Norristown, PA 19401 (610) 275-2000 LLP ATTORNEY FOR DEFENDANTS, Thomas Sunday, Inc., and Ronald Louis Kwasnicka, deceased MONTE SNAVELY and PAMELA SNAVELY, husband and wife v. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA and THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/D/B/A SUNDAY TRUCKING COURT OF COMMON PLEA CUMBERLAND COUNT'- r°':; NO. 04-3104 JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE DEFENDANTS, THOMAS SUNDAY INC. AND RONALD LOUIS KWASNICKA'S MOTION TO COMPEL PLAINTIFFS' RESPONSES TO DEFENDANTS' UPDATED MEDICAL INTERROGATORIES Defendants, Thomas C. Sunday, Inc. (incorrectly named as Thomas Sunday, Individually and Thomas Sunday t/d/b/a Sunday Trucking) (herein "TCS"), and Ronald Louis Kwasnicka, deceased (incorrectly named as Ronald Louis Kwasnicka), by and through their undersigned counsel hereby respectfully move this Honorable Court to make the rule entered on October 21, 2014 and returnable on November 17, 2014 regarding Defendants' Motion to Compel Plaintiffs' Responses to Defendants' Updated Medical Interrogatories Directed to Plaintiffs Absolute and in support of this motion, avers as follows: 1. The instant case was initiated by the Plaintiffs via the filing of a Writ of Summons on or about July 2, 2004. Plaintiffs' Complaint was filed on July 3, 2006. 2. The Plaintiffs' Complaint alleges that on July 3, 2002, Defendant Kwasnicka was negligent while operating a tractor trailer and as a result Plaintiff sustained injuries. 3. On or about August 18, 2014, Defendants served updated Medical Interrogatories on Counsel for Plaintiffs to be responded to in accordance with Pennsylvania Rules of Civil Procedure, Rule 4000.1. 4. Thereafter on or about September 18, 2014, counsel for Defendants wrote a letter to plaintiffs attorney requesting that Plaintiffs respond to said discovery. 5. No response was received and on October 9, 2014 Defendants filed a Motion to Compel Plaintiffs' Responses to Defendants' Updated Medical Interrogatories. A true and correct copy of the Motion to Compel is attached hereto as Exhibit "A." 6. , Pursuant to Defendants' Motion to Compel, a Rule to Show Cause was entered on October 21, 2014, Returnable on November 17, 2014, by this Honorable Court. A true and correct copy of the Rule is attached hereto as Exhibit "B." 7. The aforementioned Rule was served upon Plaintiffs on October 27, 2014, via U.S. First Class Mail. A true and correct copy of the Certificate of Service is attached hereto as Exhibit 8. Over thirty (30) days have passed since the Rule Returnable deadline, imposed by the entry of the Rule to Show Cause and Plaintiffs have not file an objection or response in opposition to Defendants' Motion to Compel. 9. As Plaintiffs have file no objection or response in opposition to Defendants' Motion to Compel, said Defendants now motion this Honorable Court to make Rule Absolute. 10. Therefore, Defendants respectfully request that this Honorable Court grant their Motion to Make Rule Absolute regarding the October 9, 2014 Motion for Sanctions, as they have timely served Plaintiffs with this Honorable Court's Rule to Show Cause and Plaintiffs have not filed a response to Defendants' Motion to Compel as of January 6, 2015. 11. Pursuant to Cumberland County Local Rules 208.3 (a)(2) no judge has ruled upon any other issues in this matter or any related matter. WHEREFORE, Defendants respectfully request that this Honorable Court enter an Order making the Rule Absolute and granting Defendants' Motion to Compel. DATE: KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: VE R. DEVINE Attorney for Defendants, Thomas Sunday Inc. and Ronald Louis Kwasnicka, deceased VERIFICATION I, EVELYN R. DEVINE, ESQUIRE, state under the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities) that I am the attorney of record for moving Defendants in the within action; that as such, I am authorized to take this verification; and that the facts set forth in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. DATED: BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY & KRAMER, 510 Swede Street Norristown, PA 19401 (610) 275-2000 LLP ATTORNEY FOR DEFENDANTS, Thomas Sunday, Inc., and Ronald Louis Kwasnicka, deceased MONTE SNAVELY and PAMELA SNAVELY, husband and wife vi. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA and THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/D/B/A SUNDAY TRUCKING COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 04-3104 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Evelyn R. Devine, Esquire, hereby certify I caused a true and correct copy of Defendants' Motion to Make Rule Absolute to be served, via regular First Class Mail to all counsel of record. DATE: ' 4/ KANE, PUGH, KNOELL, TROY & KRAMER, LLP BY: AeAle" L 1 " . DEVINE Attorney for Defendants, Thomas Sunday Inc. and Ronald Louis Kwasnicka, deceased EXHIBIT A BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY & KRAMER, LLP 510 Swede Street ATTORNEY FOR DEFENDANTS Norristown, PA 19401 Thomas Sunday, Inc., and (610) 275-2000 Ronald Louis Kwasnicka, deceased MONTE SNAVELY and PAMELA SNAVELY, husband and wife v. KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA and THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/D/B/A SUNDAY TRUCKING COURT OF COMMON PLEAS CUMBERLAND COUNrTY o -o 7 r ti rrl 171 NO. 04-3104 =743 —4 {71 CDI CD -11 C ) --1 N JURY TRIAL DEMANDED DEFENDANTS, THOMAS SUNDAY INC. AND RONALD LOUIS KWASNICKA'S MOTION TO COMPEL PLAINTIFFS' RESPONSES TO DEFENDANTS' UPDATED MEDICAL INTERROGATORIES Defendants, Thomas C. Sunday, Inc. (incorrectly named as Thomas Sunday, Individually and Thomas Sunday t/d/b/a Sunday Trucking) (herein "TCS") and Ronald Louis Kwasnicka, deceased (incorrectly named as Ronald Louis Kwasnicka), by and through their undersigned counsel hereby respectfully moves this Honorable Court to enter an order compelling Monte L. Snavely and Pamela L. Snavely, (hereafter "plaintiffs") to provide full and complete discovery responses to Defendants' Updated Medical Interrogatories Directed to Plaintiffs and in support of this motion, avers as follows: 1. The instant case was initiated by the Plaintiffs via the filing of a Writ of Summons on or about July 2, 2004. Plaintiffs' Complaint was filed on July 3, 2006. 2. The Plaintiffs' Complaint alleges that on July 3, 2002, Defendant Kwasnicka was negligent while operating a tractor trailer and as a result Plaintiff sustained injuries. 3. On or about August 18, 2014, Defendants served updated Medical Interrogatories on Counsel for Plaintiffs to be responded to in accordance with Pennsylvania Rules of Civil Procedure, Rule 4000.1. (See Exhibit A). 4. Thereafter on or about September 18, 2014, counsel for Defendants wrote a letter to plaintiffs attorney requesting that Plaintiffs respond to said discovery. (See Exhibit B). 5. To date, no response has been received. 6. The information requested by the Defendants is relevant, material and necessary to the Defendants' ability to defend against the claims asserted by Plaintiffs. 7. Pursuant to Cumberland County Local Rules 208.3 (a)(2) no judge has ruled upon any other issues in this matter or any related matter. WHEREFORE, pursuant to Pa.R.Civ.P. 4000.1 et seq., it is respectfully requested that this Court enter the attached Order directing the Plaintiffs to respond to the discovery requests without objection within 10 days of this Order or suffer further sanctions upon application to the Court. KANE, PUGH, KNOELL, TROY & KRAMER, LLP DATE: /t1 ' i/ BY: EV V R. DEVINE Attorney for Defendants, Thomas Sunday Inc. and Ronald Louis Kwasnicka, deceased f4 BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY & KRAMER, LLP 510 Swede Street ATTORNEY FOR DEFENDANTS, Norristown, PA 19401 Thomas Sunday, Inc., and (610) 275-2000 Ronald Louis Kwasnicka, deceased MONTE SNAVELY and COURT OF COMMON PLEAS PAMELA SNAVELY, husband and wife CUMBERLAND COUNTY vi. NO. 04-3104 KLEIN TRUCKING, INC. and DAVID KLEIN, Individually and DAVID KLEIN : T/D/B/A KLEIN TRUCKING, INC. and RONALD LOUIS KWASNICKA and THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/D/B/A SUNDAY TRUCKING JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Evelyn R. Devine, Esquire, hereby certify I caused a true and correct copy of Defendants' Motion to Compel Responses to Interrogatories to be served, via regular First Class Mail to all counsel of record. KANE, PUGH, KNOELL, TROY & KRAMER, LLP DATE: /(5/ BY: EVE i% R. DEVINE Attorney for Defendants, Thomas Sunday Inc. and Ronald Louis Kwasnicka, deceased EXHIBIT B MONTE L. SNAVLEY and PAMELA L. SNAVLEY, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW c.),-;• = ,; KLEIN TRUCKING, INC., and : -v .- -+ m '. =-11 DAVID KLEIN, Individually z; - of and DAVID KLEIN T/DB/A cn , N Vic, KLEIN TRUCKING, INC., and • r- z ---1C) <C = -:4 RONALD LOUIS KWASNICKA,. 7>r)(._ -:i and THOMAS SUNDAY,—c-c� . �; r Individually and THOMAS --1 SUNDAY T/DB/A SUNDAY '<. TRUCKING, Defendants : NO. 04-3104 CIVIL TERM IN RE: DEFENDANTS THOMAS SUNDAY, INC. AND RONALD LOUIS KWASNICKA' S MOTION TO COMPEL PLAINTIFFS' RESPONSES TO DEFENDANTS' UPDATED MEDICAL INTERROGATORIES ORDER OF COURT AND NOW, this 21st day of October, 2014, upon consideration of the above - captioned motion, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, %44- Chri ylee L. Peck, J. Thomas A. Lynam, III, Esq. Leonard G. Villari, Esq. 1600 Market Street, Suite 1800 Philadelphia, PA 19103 Attorney for Plaintiffs r..--5;lyn Rodriguez Devine, Esq. 510 Swede Street Norristown, PA 19401 • Attorney for Defendants Thomas Sunday, Inc., and Ronald Louis Kwasnicka, Deceased :re Ce, i ES MalLEct_ 0 IY EXHIBIT C BY: EVELYN RODRIGUEZ DEVINE ATTORNEY I.D. #52632 KANE, PUGH, KNOELL, TROY & KRAMER, LLP 510 Swede Street ATTORNEY FOR DEFENDANTS, Norristown, PA 19401 Thomas Sunday, Inc., and (610) 275-2000 Ronald Louis Kwasnicka, deceased MONTE SNAVELY and COURT OF COMMON PLEAS PAMELA SNAVELY, husband and wife CUMBERLAND COUNTY v. NO. 04-3104 c-, KLEIN TRUCKING, INC. and `~ DAVID KLEIN, Individually and DAVID KLEIN : • i .ice'T/DB/A KLEIN TRUCKING, INC. and 7:-.- � RONALD LOUIS KWASNICKA ands c J_ THOMAS SUNDAY, Individually and THOMAS : .roc:: -� _-' SUNDAY T/DB/A SUNDAY TRUCKING ▪ JURY TRIAL DE IFD :•-•'-- _ c i '= N �f,. y C CERTIFICATE OF SERVICE ;{ I, Evelyn R. Devine, Esquire, hereby certify that the Order of Court dated October 21, 2014 with respect to Defendants Thomas Sunday, Inc. and Ronald Louis Kwasnicka's Motion to Compel Plaintiffs' Responses to Defendants' Updated Medical Interrogatories has been served upon plaintiffs' counsel: KANE, PUGH, KNOELL, TROY & KRAMER, LLP DATE: laglihy BY: EVELYNI. DEVINE Attorney rfd r Defendants, Thomas Sunday Inc. and Ronald Louis Kwasnicka, deceased MONTE L. SNAVLEY and PAMELA L. SNAVLEY, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW KLEIN TRUCKING, INC., and : DAVID KLEIN, Individually : and DAVID KLEIN T/D/B/A . KLEIN TRUCKING, INC., and : RONALD LOUIS KWASNICKA,: and THOMAS SUNDAY, Individually and THOMAS : SUNDAY T/DB/A SUNDAY : TRUCKING, Defendants : NO. 04-3104 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE - DEFENDANTS, THOMAS SUNDAY, INC., AND RONALD LOUIS. KWASNICKA'S MOTION TO COMPEL PLAINTIFFS' RESPONSES TO DEFENDANTS' UPDATED MEDICAL INTERROGATORIES ORDER OF COURT AND NOW, this 15th day of January, 2015, upon consideration of the above - captioned motion, the Rule entered on October 21, 2014, Returnable on November 17, 2014, is hereby made absolute, and it is hereby ORDERED and DIRECTED that said Motion is granted and Plaintiffs will produce responses to Defendants' discovery within 30 days or suffer further sanctions upon application to the Court. Xomas A. Lynam, III, Esq. Leonard G. Villari, Esq. 1600 Market Street, Suite 1800 Philadelphia, PA 19103 Attorney for Plaintiffs BY THE COURT, d'ev(„ire/X_ Christylee L. Peck, J. ---"'E<elyn Rodriguez Devine, Esq. 510 Swede Street Norristown, PA 19401 Attorney for Defendants Thomas Sunday, Inc., and Ronald Louis Kwasnicka, Deceased :rc I.CS" 1/1 LOS