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HomeMy WebLinkAbout01-4821DSB rmb r 01- In The Court of Common Pleas of York County, Pennsylvania 2001/05/17 TINA V ROSSON VS HEATHER MC KEITHAN Case Number 1996 SU 04222 01 Case Type Civil Action APPEARANCES D 001 MC KEITHAN, HEATHER 424 E MAIN ST DALLASTOWN PA P 001 ROSSON, TINA V 6 RUSSIAN OLIVE DRIVE ETTERS PA 17373 17319 SCHEIB, MICHAEL B MAFFETT, RICHARD F JR DOCKET ENTRIES 1996/09/11 1996/09/11 1996/10/18 1996/12/30 1997/02/03 1997/02/21 1997/02/21 1999/02/02 PP~AECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION WRIT OF SUMMONS ISSUED & RETURNED TO ATTORNEY SHERIFF RETURN OF SERVICE SERVED SUMMONS UPON DEFT HEATHER MC KEITHAN 9/30/96 SHF OF YORK CO APPEARkNCE ENTERED OF LYNN F REUTELPIUBER ESQ FOR DEFT W/CERT OF SERVICE PETITION FOR LEAVE TO WITHDRAW APPEAR~2~CE W/CERT OF SERVICE PETITION TO WITHDRAW APPEARANCE W/CERT OF SVC ORDER ALLOWING WITHDRAWAL OF COUNSEL LYNN F REUTELHUBER ESQ PERMITTED TO WITHDRAW HER APPEAILANCE FOR DEFT BY CT: J C UHLER P J APPE~dLANCE ENTERED OF MICHAEL B SCHEIB ESQ FOR DEFENDANT W/CERT OF SERVICE 0098 0214 0098 0214 0127 0122 0151 0070 0012 0547 0019 0410 0019 0410 0013 0664 55.00 0.00 25.58 0,00 0.00 0.00 0 .00 0.00 DSB In The Court of Common Pleas of York County, Pennsylvania 2001/05/17 TINA V ROSSON VS HEATHER MC KEITHAN Case Nu~Der 1996 SU 04222 01 Case Type Civil Action DOCKET ENTRIES 1999/02/16 1999/03/02 1999/03/08 1999/03/11 1999/03/30 1999/04/21 2001/01/31 2001/02/12 2001/03/26 2001/04/02 2001/04/16 RULE TO FILE A COMPLAINT UPON PLTF AFFIDAVIT OF SERVICE OF RULE TO FILE COMPLAINT COMPLAINT WITH CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE OF DEFT'S INTERROGATORIES & REQ FOR PRODUCTION OF DOCI/MENTS ANSWER WITH NEW MATTER W/CERT SVC REPLY TO NEW MATTER W/CERT OF SVC CERTIFICATE PREREQUISITE TO SVC OF A SUBPOENA W/CERT OF SVC CERTIFICATE PREREQUISITE TO SVC OF A SUBPOENA W/ CERT OF SERVICE PRE-TRIAL CONFERENCE LIST CERTIFICATE OF SERVICE OF NOTICE OF DEPOSITION 0020 0163 0025 0415 0027 0737 0029 0365 0038 0593 0049 0582 0013 0138 0018 0279 0034 0030 0036 0811 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ORDER PRELIMINARY TO PRE TRIAL CONFERENCE BY THE COURT JOHN W THOMPSON JR JUDGE 0043 0453 DSB In The Court of Common Pleas of York County, Pennsylvania 2001/05/17 TINA V ROSSON VS HEATHER MC KEITKAN Case Number 1996 SU 04222 Case Type civil Action 01 DOCKET ENTRIES 2001/04/16 NOTICE GIVEN RE: PA R. C. P. 236 0.00 2001/05/07 2001/05/16 CERTIFICATE OF SERVICE OF NOTICE OF DEPOSITION BY MAIL TO RICH3L~D MAFFETT JR ESQ 0043 0459 OO56 0013 ORDER DIRECTING CASE BE TRANSFERRED TO CUMBERLAND CO TO BE CONSOLIDATED W/PENDING 0061 CASES BY THE COURT JOHN W THOMPSON JR JUDGE 0043 0.00 0.00 ** E N D 0 F C A S E P R I N T 0 U T ** (PROTR10) IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff HEATHER McKEITHAN, Defendant AND NOW, to wit, this : NO. 96~SU-04222-01 CIVIL ACTION - LAW ~':" ~: · 4" ~' : JURY TRIAL DEMANDED ORDER ~...~'~ I'~ay of May 2001, the Court having been informed{hat the Honorable Kevin A. Hess has entered an Order pursuant to Pa.R.C.P. 213.1 consolidating the above-captioned matter with cases pending in Cumberland County, Pennsylvania, the Prothonotary is ORDERED and DIRECTED to transfer and forward to the Prothonotary of Cumberland County the file and a copy of the docket in this case FORTHWITH. It is further ORDERED and DIRECTED that a copy of Judge Hess's Order provided herewith be filed and docketed in this Court's records. Further, the Prothonotary is directed to provide notice of this Order and the transmittal of the file to Richard F. Maffett, Jr., Esquire, counsel for Plaintiff, Michele J. Thorp, Esquire, counsel for Defendant Fegan, James G. Nealon, Ill, Esquire, counsel for Defendant Buffington and Michael B. Scheib, Esquire, counsel for Defendant McKeithan. So Ordered. BY THE COURT, IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS, HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~-~'~ day of May, 2001, I, Michael B. Scheib, a member~o~ the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served the Notice Of Deposition by United States Mail, addressed to the party or attorney of record as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERI~IAN~ Michael ~ ~S'che~b, Esquire Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 IN THE COUR] ~ COMMON PLEAS OF YORK COUNTY.~_..-NNSYLVANIA TINA V. ROSgON HEATHER MCKEITHAN NO. 96-SU-04222-01 CIVILACTION-LAW JURY TRIAL DEMANDED TO: COUNSEL FOR PLAINTIFF: RICHARD F. MAFFETT, JR. , ESQUIRE COUNSEL FOR DEFENDANT: MICHAEL B. SCHEIB, ESQUIRE ORDER PRELIMINARY TO Pa.R.C.P. 2t2 PRE-TRIAL CONFERENCE AND NOW, to wit, this ].6th day of April ,200]. , upon the Court's understanding that the litigants want and deserve a prompt resolution to the matter, since the pleadings are closed and request for Pre-Trial Conference~ has been made counsel are directed to take the following steps: 1. Within seven (7) days of the date of this Order, counsel for Plaintiff shall notify opposing counsel ir~vriting Of the names and addresses of all Plaintiff's witnesses. Within seven (7) days after receiving such, defense counsel shall notif7 opposing counsel in writing of defense witnesses. See York RCiv. P. 212. Within twenty (20) days of the date of this Order counsel SHALL CONFER personally: a. schedule any depositions and fixing dates for any written discovery and/or responses; disclose and exchange any discoverable written statements of the parties or witnesses or other relevant documents not previously disclosed; c. preparation and filin,q with the Prothonotary within five (5) days of conferring, a Case Management Plan signed by counsel addressing and setting forth: 1.1 The Judge to whom the case is assigned and the date of this Order. 1.2 The need to join additional parties, if any, what will be done to effect such joinder and when such will be accomplished; any necessary pleading amendments. 1.3 A statement of factual issues agreed to and those disputed including the contentions of each party regarding any disputed fact. 1.4 An agreed discovery schedule. 1.5 An estimated deadline to obtain any relevant medical information including any agreement as to how such information is to be obtained. See Pa.R.C.P. 234.1 and Rules 4009.21 - 4009.27. See also York R.Civ. P. 4009 and 4003.5. 1.6 Where multiple counsel are representing a pady, the name, address, telephone number and fax number, if any, of lead or primary counsel who will be the only counsel to receive service of Court Orders, notices, etc. 3. When the Case Management has been concluded, counsel for Plaintiff shall have the primary responsibility of writing to the Court setting forth the full caption of the case, all counsel involved and certifying the matter ready for Pre-Trial Conference. Opposing counsel shall be provided a copy and shall have seven (7) days to communicate to the Court any objection to scheduling a Pre-Trial Conference. If counsel for either side fails to comply with this Order or the joint Case Management Plan, opposing counsel may request the Court schedule a Pre-Trial Conference certifying that party's readiness for trial and setting forth the opposing party's specific non-compliance. So Ordered. ,E.,, ~URT' /~ 04/16/01 MON 15:32 FAX 87714629 ~001 *** TX REPORT TRANSMISSION 0R TX/RX NO 108§ CONNECTION TEL 87573783 SUBADDRESS CONNECTION ID GRIFFITH STRCKLR ST. TIME 04/16 15:31 USAGE T 00'47 PGS. 2 RESULT OK OFFICE OF Tilt; PROTHONOTARY Og Yark C..~uaty · DATE: FRO1V~: .PROTltONOT~4~RY, S OFI~ICE, LOCATION: yOR.I( CO COURTHOUSE COIn l'la'~TS: Notice, of Ratty of Orde4-, Decre~ o~ Suderg~at ia a'-'e'-'rdanc~..With ]PA 1~ C. P. 236 1021)90,130453 N17MIIER OF PAGR,q I~CLLrDING COVER Sgrl~,ET: , ~' IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS, HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~-t day of March, 2001,I, MichaelB. Scheib, amemberof the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served the Notice Of Deposition by United States Mail, addre~d to the party or attorney of record as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERM~,: ,S~LYMOS & CAL~KII~S,,'" "!?,,. I Micha~l/B. Scheib, Esquire Supreme Court ID No. 63868 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 089090560 !i IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, : Plaintiff : VS, HEATHER McKEITHAN, Defendant Civil Action - Law No~ 96-SU-04222-01 JURY TRIAL DEMANDED NOTICE OF TAKING DEPOSITIONS TO: Tina V. Rosson c/o Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that pursuant to Pennsylvania Rule of Civil Procedure No. 4007.1, the Deposition of Tina V. Rosson will be taken upon oral examination, for the purpose of discovery and/or for use at trial, before a Notary Public or before some other person authorized to render an oath, at 110 S. Northern Way, York, PA 17402 on Friday, May 4, 2001, at 10:00 a.m, and at any and all adjournments thereof, on all matters not privileged which are relevant and material to the issues and subject matter involved in the above-captioned action and that the above-named Plaintiff is requested to appear at the aforesaid time and place and submit to examination under oath. 089090:!,60811 BY: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & ~ALKI,~ ,S~' Michael ~B: S'c~eib~Es~u~ Attorney for Defendant McKeithan Supreme Court I.D. 963868 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, : Plaintiff : Civil Action - Law vs. : No. HEATHER McKEITHAN, Defendant 96-SU-04222-01 JURY TRIAL DEMANDED PRAECIPE TO LIST CASE FOR PRE-TRIAL CONFERENCE To the Prothonotary: Stacia Gates Please list the above-captioned action for a pre-trial conference. Additional comments: counsel of record of this listing. I have, by copy of this Praecipe, notified all other Michael B~. S(~heil~, E~-qui're ' ' Attorney for Defendant, Supreme Court No. 63868 110 S. Northern Way York, Pennsylvania 17402 Telephone No.: 717-757-7602 Dated: March 26, 2001 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, : Plaintiff : VS. ' HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 26th day of March, 2001, I, Michael B. Scheib, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to List Case for Pre-Trial Conference by United States Mail, addressed to the party or attorney of record as Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 follows: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Michael B. Sche~b, Esquire Supreme Court ID No. 63866 110 South Northern Way York, Penns¥1¥ania 1-1402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE ~)F A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Heather McKeithan, certifies that: (1) A notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoenas are sought to be served, or the twenty (20) day period has been waived by opposing counsel. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) No objections to the subpoenas have been received, and (4) The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. ./ f Michael B. Scheib, Esquire Attorney for Defendant 044090180279 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law : : No. 96-SU-04222-01 : : JURY TRIAL DEMANDED : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Allstate Insurance Company, 6345 Flank Drive, Harfisburcl, PA 17112 W~hin twenty (20) days after service of this Subpoena,'you are ordered by the Court to produce the following documents or things: Complete orooert¥ damacle records oertainina to vour insured: Diane J. Johnson for Policy No. 008618627. Date of Loss: 9/15/94. A2 Ioa number 6540635, includinq byt not limited to any aooraisals, estimates to reoair. evaluations, anv recorded statements, ohotoaraohs. 'statements. claim notes. documents ~ubmitted in SUDDOF'~ of or in oavment of property damaae claims. and any ~)ther documentation in your files. at 110 South Northern Way, York, PA 17402 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: SUPREME COURT ID: ATTORNEY FOR: Michael B. Scheib. Esauire GRIFFITH, STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northem Way, York, PA 17402 (717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court P rot h o not al;i/,~..r '.Je~'~.~.j~ Division 044090180279 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96~SU-04222-01 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Stetler Dodqe, 1405 Roosevelt Avenue, P.O. Box 1908, York, PA 17405 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any aDoraisals, estimate or repair bill for work done for John Schultz. 24 Essex Circle Drive. Shrewsbury, PA 17361 or Automobile Rental Inc.. 9000 Midatlantic Drive. Mt. Laurel. NJ 08054. 1994 Dodoe Intreoid. date of estimate is a~oroximatelv Seotember 15, 1994 110 South Northern Way, York, PA 17402 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: SUPREME COURT ID: ATTORNEY FOR: Michael B. Scheib, Esquire GRIFFITH. STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 ¢717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division 044090110279 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Michael B. / Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 klr/mckeith.cer GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS MI AEL B sCHEIB', ES(~-UIRE Attorney for the Defendant Sup. Ct. I.D. No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 044090180279 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Acti°n - Law . : No. 96-SU-04222-01 e : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Heather McKeithan, certifies that: (1) A notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoenas are sought to be served, or the twenty (20) day period has been waived by opposing counsel. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) No objections to the subpoenas have been received, and (4) The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoenas. Michael B. ~cheib, Esquire Attorney for Defendant i31090130138 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEiTHAN, Defendant Civil Action - Law No. 96-SU-04222-01 : : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Robert Zabinski, 3028 Market Street. Caml3 Hill, PA 17011 Within twenty (20) days after service of this Subpoena, you ara orderad by the Court to produce the following documents or things: Any office notes, reoorts, records, memoranda, correspondences to and f~om attorneys, insurance coi~Danies and other physicians, dia(3nostic tests and/or raoorts, consultation raoorts, x-rays, oroaress notes, hosoital records, nurses notes, uG~i$sions and dis~harqe su...a~,es and records and raoorts of examinations and any u;,h~r medical records of any kind pertainina to Tina Victoria R_~e_eon. 6 Russian Olive Drive, E~a,o. PA 17319; Social $~-.,~ity No. t92-42-4663, Date Of Birth: 6/2/60. at 110 South No[~he~ Way, York, PA 17402 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 dght to seek, in advance, the raasonable 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: SUPREME COURT ID: ATTORNEY FOR: Michael B. Scheib. Es~uira GRIFFITH, STRICKLER, LERMAN, SOLYMOS & ~ALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division 031090130138 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. R.OSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law ; : : No. 96-SU-04222-01 : : JURY TRIAL DEMANDED : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Michael Ryan, M.D., Valley Green Family Practice, 1790 Old Trail Road, Suite A. Etters. PA 17319. Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondences to and fi-om attorneys. insurance companies and other physicians, diaonostic tests and/or reoorts, consultation reports, x-rays, proqress notes, hosoital records, nurses notes, admissions and discharqe summaries and records and reoorts of examinations and any other medical records of any kind pertainin.q to Tina Victoria Reeaon, 6 Rueatan Olive Drive. Ettera. PA 17319; Social Security No. 192-42-4663. Date Of Bl~th: 612/50. at 110 South Northern Way, York, PA 17402 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: SUPREME COURTID: ATTORNEY FOR: Michael B. Scheib. Esouira GRIFFITH. STRICKLER. LERMAN. SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court Pm~aaj=/.,Cl~, Civil Division 031090130138 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Central Pennsylvania Oral & Maxillofacial Sureeons. 2818 Green Street. Harrisburo. PA 17110 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondences to and from attorneys. insurance companies and other physicians, dia.qnostic tests and/or reports, consultation reports, x-rays, proqress notes, hosnital records, nurses notes, admissions and discharqe summaries and records and reports of examinations and any other medical records of any kind pertaininq to 1'ina Victoria RosaOn, 6 Russian Olive Drive. Ettem. PA 17319; Social Security No. 192-42-4663. Date Of Birth: 617J50. at 110 $o~th Northern Way, York, PA 17402 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 soughL 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: SUPREME COURT ID: ATTORNEY FOR: Michael B. Scheib, Esquire GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court p~nfhnnntnry / Clerk, Civil Division 031090130138 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA Vo ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law .- : No. 96-SU-O4222-O1 : : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Arlinqton Orthopedics, 805 Sir Thomas Court, Harrisbum. PA 17019 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, retorts, records, memoranda, corressondences to and from attomevs. insurance companies and other physicians1 dia(3nostic tests and/or reports, consultation reports, x-rays, proqress notes, hospital records, nurses notes, admissions and discharqe summaries and records and reports of examinations and any other medical records of any kind pertaininq to 'nna Victoria Rosson. 6 Russian Olive Drive, Ettera. PA 17319; Social Security No. 192-42-4663, Date Of Birth: 612/50. at 110 South NorthemWay, York, PA 17402 You may deliver or mail legible copies of the documents or produce things r~luested 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 raasonable cost of preparing the copies or producing the things soughL 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: SUPREME COURT ID: ATTORNEY FOR: Michael B. Scheib. Es~3uire GRIFFiTH, STRICKLER. LERMAN. SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 {717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court Prothonota~ry ,/Clerk~ Civil Division 031090130138 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: South Central Neuroloqic Associates, 805 Sir Thomas Court, Han'isbum. PA 17109 within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondences to and from attorneys. insurance companies and other nhvsicians, dia(3nostic tests and/or reports, consultation reports, x-rays, pro~3ress notes, hosoital records, nurses notes, admissions and discharqe summaries and records and reports of examinations and any other medical records of any kind pertaininq to Tlna Victorfa Rosson, 6 Russian Olive Drive. Etters. PA 17319; Social Security No. 192-42-4663, Date Of Birth: 612/50. at 110 South Northern Way, York, PA 17402 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: SUPREME COURT ID: A'rrORNEY FOR: Michael B. Scheib, Esquire GRIFFITH. STRICKLER. LERMAN. SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division 031090130138 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff Va. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 : : JURY TRIAL DEMANDED : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Occupational Rehabilitation and Research Associates, 805 Sir Thomas Court, Harrisburq, PA 17109 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, renorts, records, memoranda, correspondences to and from attorneys. insurance companies and other physicians, diaanostic tests and/or renorta, consultation reports, x-rays, proqress notes, hospital records, nurses notes, admissions and discharqe summaries and records and reports of examinations and any other medical records of any kind oertainina to Tina Victoria Rosson. 6 Russian Olive Drive, Ettere. PA 17319; Social Security No. 192-42-4663. Date Of Birth: 612/50. at 110 South Northern Way, York, PA 17402 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: SUPREME COURT ID: ATrORNEY FOR: Michael B. Scheib. Esauire GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Wa,/, York, PA 17402 (717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court Prot~r~r~;yl~;l~, Civil Division IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN,~ Defendant Civil Action - Law No. 96-SU-04222-01 : : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Walter Pelpaman, Central Pennsylvania Soine Associates. 805 Sir Thomas Court, Harrisburq, PA 17109 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reoorts, records, memoranda, corresoondences to and from attomevs. insurance companies and other ohvsicians, diaonosfic tests and/or reocrts, consultation reports, x-rays, prograss notes, hosoital records, nurses notes, admissions and discharqe summaries and records and reoorts of examinations and any other medical records of any kind pertaininq to Tine Victoria Roasoe, 6 Russian Olive Drive, Ettera, PA 17319; Soctal Security No. 192-42-4663, Data Of Birth: 6/2/50. at 110 South Northern Way, York, PA 17402 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the certificete 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: SUPREME COURT ID: A'I-rORNEY FOR: Michael B. Scheib. Esauire GRIFFITH. STRICKLER. LERMAN. SOLYMOS & CALKINS 110 South Northern Wav. York. PA 17402 (717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court Prothonota~ivision IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS, HEATHER McKEITHAN, Defendant Civil Action - Law ; : No. 96-SU-04222-01 : : JURY TRIAL DEMANDED ; SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: KDV Orthopedics & Rehabilitation Ltd., 908 S. Georqe Street, York, PA 17403 W~thin twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondences to and from attorneys. insurance companies and other physicians, dia.qn0sfic tests and/or reports, consultation reports, x-rays, proqress notes, hoscital records, nurses notes, admissions and dischar.qe summaries and records and reports of examinations and any other medical records of an,y kind pertaininq to Tina Victoria Rssson, 6 Russian Olive Drive. Ettere. PA 17319; Social Security No. 192-42-4663. Date Of Birth: 617J50. at 110 South NorthemWav. York. PA 17402 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: SUPREME COURT ID: ATTORNEY FOR: Michael B. Scheib, Esquire GRIFFiTH. STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court Pro~onotary / Clerk, Civil Division 31090130138 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 : : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Michael Gerhart. D.C., 303 S. 32nd Street, Camp Hill, PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, corresoondences to and from attorneys. insurance companies and other ohvsicians, diaonosfic tests and/or reeorts, consultation reoorts, x-rays, amoress notes, hosoital records, nurses notes, admissions and discharoe summaries and records and renorts of examinations and any other medical records of any kind Dertainina to Tina Victoria Roeson, 6 Rueelan Olive Drive. Eft. em, PA 17319: Social Security No. t92-42-4663, Date Of Birth: 6/2/50. at 110 South Northern Wav. York, PA 17402 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 pady making this request at the address listed above. You have the dght 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 w'~ it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWiNG PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT iD: ATTORNEY FOR: Michael B. Scheib. Esouire GRIFFITH. STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South NorthemWay, York, PA 17402 ¢717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court Prothonotary / Clerk, Civil Division 031090130138 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff va. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 : : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Steven Morqanstein, 805 Sir Thoma; Court. Harrisbum. PA 17109 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following docurcents or things: Any office notes, reoorts, records, memoranda, correspondences to and from attorneys. insurance companies and other physicians, diaonostJc tests and/or reoorts, consultation reports, x-rays, proqress notes, hosoital records, nurses notes, admissions and discharqe summaries and records and reports of examinations and any other medical records of any kind pertaininq to Tint Victoria Rsseon, 6 Russian Olive DHve. Ettere. PA 17319; Social Security No. 192-42-4663, Date Of Birth: 6/2/50. at 110 South Northem Way, York, PA 17402 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 r~ecluired 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: SUPREMECOURTID: ATTORNEY FOR: Michael B. Scheib. Esouire GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Wav, York. PA 17402 (717) 757-7602 63868 Defendant BY THE COURT: DATE: Seal of Court Prothoj3~ail;l~ivil Division 31090130138 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Prudential Property & Casualty Insurance Cornoanv. P.O. Box 977, 400 Lakeside Drive. Horsham, PA 19044 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete first~party benefits file pertainin.q to Tina V. Roseon, Date of Birth: 6/2/50. Claim No. 46N2014312042. includina but not limited to any Davout sheet for medical and waoe loss benefits paid. medical bills, medical reports. Deer review reports, aDeraisals, estimates to repair, any recorded statements. photo(~reohs, statements, claim notes, documents submitted in suDeort of or in payment of oroDertv damaoe claims, and any other documentation in your files. The last known adjuster was B. Kelliehan. at 110 South NorthemWa¥, York, PA 17402 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: SUPREME COURTID: ATTORNEY FOR: Michael B. Scheib. Esauire GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 63868 Defendant BYTHE COURT: DATE: r, i , iiii Seal of Court P r~llo0n9o~a!~0/ljl~rk, Civil Divisio n IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 : : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Prudential Prooert¥ & Casualty Insurance Company, 520 Broad Hollow Road. Suite 3, Melville, NY 11747-3678 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Comolete first-i~art¥ benefits file Dertainina to Tine V. Roeson. Date of Birth: 6/2/50. Claim No. 46N2014312042. includino but not limited to any Devout sheet for medical and wa,qe loss benefits caid. diaonostic tests, waoe loss documents medical bills, medical reports. Deer review reports, aDoraisals. estimates to repair, any recorded statements, ohotooraohs, statements~'claim notes, documents submitted in SUPPort of or in payment of property damaae claims, and any other documentation in your files. The last known adiuster was K. Eaan. at 110 South Northern Way, York, PA 17402 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 dght to seek, in advance, the reasonable cost of prapadng 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: SUPREME COURT ID: AI-rORNEY FOR: Michael B. Scheib. Eseuire GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717} 757-7602 63868 Defendant DATE: _ ~Y T! !~COURT: 31090130138 Seal of Court Prothonotary / Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff V$, HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS klr/mckeith.cer BY MICHAEL B. SCHEIB, ESQUIRE Attorney for the Defendant Sup. Ct. I.D. No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 031090130138 RICHARD R MAFFETT, JR. Attorney at Law 2201 North Second Street Harrisburg, Pennsylvania 17110 (717) 233-4160 SUPREIIE COURi' ID# 35539 HARRISBURG, PA 17110 717-233-4160 ATTORIIEY FOR PLAINTIFF ESQUIRE IN THE COURT OF CO~4ON PLEAS OF YORK COUNTY, CIVIL DIVISION TINA V. ROSSON, Plaintiff v i File No. HEATHER McKEITHAN, Defendant PENNSYLVANIA 96-SU-04222-01 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this ~-' day of April, 1999, comes the Plaintiff, TINA V. ROSSON, by her attorney, Richard F. Maffett, Jr., Esquire, and respectfully represents the following: 19. Denied. Plaintiff incorporates the averments of Paragraphs 1 through 18 of her Complaint herein as though fully set forth at length. 20. Denied. Plaintiff was accident prior to September 15, not involved in any motor vehicle 1994. 21. Denied. Plaintiff had not suffered injuries in a motor vehicle accident before September 15, 1994. 22. Admitted. 23. Admitted. 24. Denied. The injuries alleged by Plaintiff in her Complaint were suffered by Plaintiff as a result of the motor vehicle accident involving Defendant on September 15, 1994, and were not caused by events either before or after said accident. 25. Denied. Plaintiff's injuries were directly and proximately caused by the negligent acts and omissions of Defendant McKeithan and not by the acts or omissions of any third party. 26. Denied. This paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied that Plaintiff was negligent in any way, and/or that any alleged negligence on the part of Plaintiff caused or contributed to her injuries. 27. Denied. This paragraph is a conclusion of law to which no responsive pleading is required. 28. Denied. This paragraph is a conclusion of law to which no responsive pleading is required. 29. Denied. This paragraph is a conclusion of law to which no responsive pleading is required. 30. Admitted. 31. Denied. In Plaintiff's other lawsuits, she has sought recovery for damages from injuries she suffered in other automobile accidents which created the causes of actions which led to those lawsuits, and not for damages from injuries she suffered in the automobile accident with Defendant McKeithan. WHEREFORE, Plaintiff demands judgment in her favor and against Defendant, dismissing Defendant's New Matter with prejudice, and denying all relief requested therein. Respectfully submitted, Richard F. Maffett, ~J~.,'Esquire VERIFICATION I, TINA V. ROSSON, have read the foregoing Plaintiff's Reply To Defendant's New Matter and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. S4904. TTN~V. ROSCOe, Plaintiff IN THE COURT OF CO~ON PICAS OF YORK COUNTY, PENNSYLVANIA CIVIL DIVISION TINA V. ROSSON, Plain%iff File No. 96-SU-04222-01 v HEATHER McKEITHAN, Defendan% CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff's Reply To Defendant's New Matter upon counsel of record by depositing same in the United States Mail, postage prepaid, at Harrisburg, PA, addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Dated: Richard F. Maffettf, ' Jr., Esq. Telephone (717) RICHARD R MAFFETT, JR. Attorney ~t Law 2201 North Second Street Harrisburg, Pennsytvania 17110 April 20, 1999 office of the Prothonotary York County Court House 28 East Market Street York, PA 17401 RE: Rosson v McKei%han No. 96-SU-04222-01 Dear Sir or Madam: please find enclosed Plaintiff's Reply To Defendant's New Matter (original and 1 copy) for filing in the above- captioned matter. Kindly return a time-stamped copy to me in the self-addressed, stamped envelope provided. Should you have any questions, or require anything additional, please contact me. with best r~gards, RFM/cs Enclosures cc: Michael B. Scheib, Esquire (w/enc) IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: c/o Tina V. Rossen Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS MI(~AEL B. ~CHEIB, ESQUIRE Attorney for Defendant Supreme Court I.D. No. 63868 110 S. Northern Way York, PA 17402 Telephone: 717-757-7602 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff va. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER COME NOW, Defendant Heather McKeithan by and through her attorneys, Griffith, Strickler, Lerman, Solymos & Calkins, and Michael B. Scheib, Esquire in response to the allegations in Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 1 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 2. Denied. Defendant McKeithan's correct address is 26 Plank Road, Shrewsbury, Pennsylvania. 3. Admitted in part and denied in part. It is admitted that the date time and location is correct. The allegations regarding the vehicle and which lane Plaintiff was traveling in are denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 3 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 4. Admitted in part and denied in part. Defendant denies the allegations about the number of vehicles between her can and Plaintiff's car. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the teruth or veracity of the allegations contained in paragraph 4 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 5. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 5 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 6. Admitted in part and denied in part. It is admitted that the Defendant's vehicle came into contact with the Johnson vehicle. The remaining allegations are denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 6 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 7. Denied. This paragraph states a legal conclusion to which no response is required. 8. Denied. This paragraph states a legal conclusion to which no response is required. 9. Denied. This paragraph states a legal conclusion to which no response is required. It is specifically denied that the negligence of Defendant McKeithan consisted of: a. failing to keep her vehicle under proper and adequate control; b. failing to keep alert and maintain proper lookout for the presence of other motor vehicles on the streets and highways; position of others; d. operating her vehicle in careless disregard for the rights, safety and traveling too fast for conditions; 2 vehicle and, following too closely; failing to apply her brakes in time to avoid striking another vehicle; failing to operate with the skill and care required to safely operate a h. operating her vehicle in violation of the Commonwealth of Pennsylvania. On the contrary, at all times relevant Defendant McKeithan operated her vehicle in a lawful, careful, safe and prudent manner and with due care as required by the circumstances. 10. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 10 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 1 1. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 1 1 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 12. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 12 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 13. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 13 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 14. Denied. After reasonable investigation Answering Defendant is without 3 knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 14 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 15. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 1 § of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 16. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 16 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 17. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 17 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. 18. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 15 of Plaintiff's Complaint and same are denied and strict proof thereof is demanded. WHEREFORE, Defendant McKeithan respectfully requests this Honorable Court to enter judgment in her favor and against Plaintiff together with the costs of this lawsuit. BY WAY OF FURTHER DEFENSE: NEW MATTER OF DEFENDANT McKEITHAN 19. Paragraphs 1 through 18 of Defendant's Answer with New Matter are 4 incorporated herein as though fully set forth at length. Plaintiff was involved in a motor vehicle accident or accidents prior to September 20. 15,1994. 21. 22. 23. 24. Plaintiff had suffered injuries in the prior motor vehicle accident or accidents. Plaintiff has been involved in motor vehicle accidents since September 15, 1994. Plaintiff has suffered injuries in the accidents since September 15, 1994. Plaintiff's injuries, if any, were caused by the events that either pre-dated or post-dated the motor vehicle accident which is the subject of this lawsuit. 25. Plaintiff's injuries, if any, were caused by the acts and omissions of a third party over whom Defendant McKeithan had no control. 26. Plaintiff's injuries, if any, were caused by Plaintiff's contributory and/or comparative negligence. 27. Plaintiff fails to state a cause of action upon which relief can be granted. 28. Plaintiff's claim may be barred by the applicable Statute of Limitations. 29. Plaintiff's claim may be barred or limited by the Pennsylvania Motor Vehicle Financial Responsibility Law. 30. Plaintiff has filed other lawsuits. 31. In these other lawsuits Plaintiff has sought recovery for the same damages as she attempts to recover in this action. WHEREFORE, Defendant McKeithan respectfully requests this Honorable Court to enter judgment in favor of Defendant McKeithan and against Plaintiff Rosson, together with the costs of suit. 5 Respectfully submitted, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY Attorney for the Defendant Sup. Ct. I.D. No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 6 VERIFICATION I verify that the foregoing facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: Heather McKeithan IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law ; : No. 96-SU-04222-01 : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ ~ , 1999, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Defendant's Answer and New Matter by United States Mail, addressed to the party or attorney of record as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 ark/MBS/mckeith.anm GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY MICHAEL B. SCHEIB, ESQUIRE Attorney for the Defendant Sup. Ct. I.D. No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Richard F. Maffett, Jr., Supreme Court ID# 35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Esquire IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL DIVISION TINA V. ROSSON, Plaintiff v HEATHER McKEITHAN, Defendant ATTORNEY FOR PLAINTIFF File No. 96-SU-04222-01 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T 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. Lawyer Referral Service of The York County Bar Association The York County Bar Center 137 East Market Street York, Pennsylvania 17401 Telephone: 717-854-8755 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado yiiia~Chivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. T~.~VE ESTA DEMANDA A UNABOGADO IMMEDIATAMENTE. SI NO TIENE ABO~AGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O T~.~uME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIER ASISTENCIA LEGAL. Lawyer Referral Service of The York County Bar Association The York County Bar Center 137 East Market Street York, Pennsylvania 17401 Telephone: 717-854-8755 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL DIVISION TINA V. ROSSON, Plaintiff V File No. 96-SU-04222-0! HEATHER McKEITHAN, De~endan2 COMPLAINT AND NOW, this 5th day of March, 1999, comes the Plaintiff, TINA V. ROSSON, by her attorney, Richard F. Maffett, Jr., Esquire, and respectfully represents the following: 1. The Plaintiff, Tina V. Rosson, is an adult individual residing at 6 Russian Olive Drive, Etters, York County, Pennsylvania, 17319. 2. Defendant, Heather McKeithan, is an adult individual residing at 424 East Main Street, Dallastown, Pennsylvania, 17373. 3. On September 15, 1994, at or about 7:40 a.m., the Plaintiff was operating her vehicle North on Interstate Route 83 in the passing lane, approximately .1 mile North of Exit 16 in Fairview Township, York County, Pennsylvania. 4. At that time and place, Defendant was operating her vehicle, headed North on Interstate Route 83 in the passing lane, three (3) cars to the rear of the veh~f~laintiff. 5. At the aforesaid time and place, traffic ahead of Plaintiff in Plaintiff's lane slowed and came to a complete stop, causing Plaintiff, and the two (2) cars behind Plaintiff, to slow and then come to a complete stop. 6. At that time and place, the Defendant failed to stop her vehicle and the front of Defendant's vehicle struck the rear of an automobile operated by Diane J. Johnson, the force of which caused the front of the Johnson vehicle to strike the rear of an automobile operated by John S. Schultz, which said impact caused the front of the Schultz vehicle to strike the rear of Plaintiff's vehicle, as a result of which Plaintiff suffered severe physical injury. 7. Said collision resulted from the negligence of Defendant and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff. 8. Defendant owed a duty to other lawful users of the roadways in the Commonwealth of Pennsylvania to operate her vehicle in such a way as not to cause harm or damages to said other persons and to the Plaintiff in particular. 9. The negligence of Defendant consisted of the following: (a) failing to keep her vehicle under proper and adequate control; (b) failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the ~reets and highways; 2 rights~ (el operating her vehicle in careless disregard for the safety and position of others; traveling too fast for conditions; following too closely; failing to apply her brakes in time to avoid striking another vehicle; (g) failing to operate the vehicle with the skill and care required to safely operate such a vehicle; and, (h) operating her vehicle in violation of the laws of the Commonwealth of Pennsylvania; 10. As a direct and proximate result of the aforesaid collision, Plaintiff to, the following: (a) cervical, thoracic suffered injuries including, but not limited sacroiliac strain; traumatic bursitis trapezius strain; and lumbar sprain/strain; in her left shoulder; (b) (c) (d) (e) costochondritis of the anterior ribs; (f) left shoulder and left arm pain and numbness; (g) chronic headaches; (h) facial and jaw pain; (i) right temporomandibular~p~t_, iaflammation; 3 (j) fibromyalgia; and (k) chronic myofascial pain. 11. Plaintiff suffered from pre-existing Temporomandibular Joint disease (TMJ), which was aggravated by the aforesaid collision, and the resulting injuries and treatment therefrom. 12. As a direct and proximate result of the aforesaid collision, Plaintiff suffered aggravation of pre-existing injuries including, but not limited to, the following: (a) cervical degenerative disc disease; (b) lumbar degenerative disc disease; (c) left shoulder bursitis; (d) trigeminal neuralgia; and (e) headaches. 13. As a result of the injuries she received in this collision, Plaintiff has in the past, and may incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of her aforesaid injuries. 14. As a further result of this collision, the Plaintiff has suffered a loss of earnings, and impairment of her earning capacity and power, and claim is made therefore. 15. As a further result of this collision, the Plaintiff has suffered a permanent disability and permanent diminution of her earning power and capacity. 16. As a further result of the aforesaid collision, the Plaintiff has suffered permanent diminution of her ability to enjoy life and life's pleasures. 17. As a result of the injuries she received in this collision, Plaintiff has undergone in the past, is undergoing in the present, and will undergo in the future great pain and suffering. 18. As a direct and proximate result of this collision, the Plaintiff has incurred other financial expenses or losses which exceed the sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff demands judgment against Defendant, in an amount in excess of Thirty Thousand ($30,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, Richard F. Maffet~,~Jr.,~squire VERIFICATION I, TINA V. ROSSON, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. S4904. Dated: IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL DIVISIOR TINA V. ROSSON, Pla~n~iff F~le Roo 96-SU-0~222-0! V HEATHER McKEITHAN r Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Complaint upon counsel of record by depositing same in the United States Mail, postage prepaid, at Harrisburg, PA, addressed as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 Dated: 03/05/99 Richard F. M q. IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, : Plaintiff · : VS. : : HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE (:3 AND NOW, this-"/~"~day of'/~"'~ ' '/^/[~'----~ , 1999, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Defendant's Interrogatories and Request for Production of Documents to Plaintiff by United States Mail, addressed to the party or attorney of record as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 ark/MBS/mckeith.int GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY MICHAEL B. SCHEIB, ESQUIRE Attorney for the Defendant Sup. Ct. I.D. No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VSo HEATHER McKEITHAN; Defendant Civil Action - Law No, 96-SU-04222-01 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF YORK : Before me, a Notary Public in and for said Commonwealth and County, personally appeared Michael B. Scheib, Esquire, who being duly sworn according to law, deposes and says that he caused to be served on Richard F. Maffett, Jr., Esquire, a true and correct copy of the original Rule to File Complaint filed in the above captioned mater, by certified mail, as evidenced by the enclosed receipt for certified mail, on the 17th day of February, 1999. Swoi, r,T ~Tnd~sbb~cribed to bef0r~e~/~ ~e~.~i.~s/.~,~z~ day My Commission Expires: MICHAEL B. SCHEIB, ESQUIRE Sp~ngettsbu~/Twp., Yon~ County My Comfll~sslon Expires May 13, 2002 Member. pennsylvania Association o! Nuimi~ Z 316 9~7 602 US Postal Service Receipt for Certified Mail No Insurance Coverege Provided. Do not use for IntemstJeeal Mall (See reve=e i SENDER: i Qes wilfl fo reclivm mi following services (fo~ an extra fee): . c~rdto · 1. [] Addressee's Address ed~llt; R /Jested on he mailpiece below the a~icle number 2.1"] Restricted Delivery 'wmeRetumR=Pwtillse~ho~towhomthearticlewasOeliveredanOthedate Consult postmaster~a~._for fee. delivered. 3. A~licte Addressed to: 1 4a. Article Number 4b. Service ~"} [] Registered O~aO) ~017'"~ ~'~-CJ~'~O S 'for Merchandise •COD 5. Received By: (Pdnt Name) 8. Address~'s Add~ess (Only if requested and fee i~ paid) 102595-gs-B-0229 Domestic Return Receipt IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, : Civil Action - Law Plaintiff : : vs. : No. 96-SU-04222-01 : HEATHER McKEITHAN, : JURY TRIAL DEMANDED Defendant : PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Tina V. Rosson, Plaintiff, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. Dated: ~_//~ ~'~ NOW, ~//~ GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY MI~IltAEL B. ~Cl-I~l~, ESQ[JIRE Attorney for Defendant Sup. Ct. I.D. No. S3865 110 South Northern York, PA 1-1402 Telephona: {717} ?§?-7~02 · 1999, RULE ISSUED AS ABOVE. DEPUTY IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VSo HEATHER McKEITHAN, Defendant Civil Action - Law : : : No. 96-SU-04222-01 : JURY TRIAL DEMANDED : PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Heather McKeithan, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS MICHAEL B SCHEIB, Attorney for the Defendant Sup. Ct. I.D. No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA TINA V. ROSSON, Plaintiff VS. HEATHER McKEITHAN, Defendant Civil Action - Law No. 96-SU-04222-01 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~'..--" (~ay of , 1999, I, Michael B. Scheib, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of a Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN; SOLYMOS & CALKINS Mk, n~EL B. SCHEIB, ESQUIR Attorney for the Defendant Sup. Ct. I.D. No. 63868 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 IN THE COL~.T OF COMMON PLEAS OF YORK COUNTY PENNA. · BEFORE.THE. HONORABLE· JOHN.. C UHLER. JUDG.~E' . ............... ~' ....... TINA V. ROSSON, ~, ic~iNSYI. VANIA 171080803 IN THE COURT OF COM~MON PLEAS OF Plaintiff YORK COUNTY, PENNSYLVANIA NO. 96-SU-04222-01 HEATHER McKEITHAN, Defendant : CIVIL ACTION - LAW ORDER AND NOW, this ~/JT day of ~R~ , 1997, upon consideration of the Petition of Defendant's Counsel for Leave to Withdraw, it is hereby ORDERED and DECREED that said petition is GRANTED and that Petitioner, Marshall, Dennehey, Warner, Coleman and Goggin and Lynn F. Reutelhuber, Esquire, be permitted to withdraw her appearance of record for the Defendant in the above matter. TINA V. ROSSON, Plaintiff HEATHER McKEITHAN, Defendant IN THE COURT OF COMMON PLEAS OF YORK COI/NTY, PENNSYLVANIA : : NO. 96-SU-04222-01 : : CIVIL ACTION - LAW PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW HER APPEARANCE The petition of Marshall, Goggin and Lynn F. Reutelhuber, 1. This law suit was initiated by the filing a writ summons on September 11, 1996 against Defendant, Heather McKeithan (hereinafter referred to as "Defendant".) Dennehey Warner, co emang~n~ _-~ -~ Esquire respectfully represe~:~ of 2. On December 30, 1996, Petitioner entered an appearance with the Court for the Defendant. 3. Petitioner was retained by Atlanta Casualty Companies to defend the interests of the Defendant in this case. 4. As this matter was initiated by a writ of summons, the exact nature of the claim against Defendant was unknown at the time of the filing of the entry of appearance. 5. Defendant had automobile coverage with Atlanta Casualty Companies from June 28, 1996 to December 28, 1996. 6. On July 21, 1996, Defendant's boyfriend had been involved in a motor vehicle accident in North Carolina, which occurred during the Defendant's policy period of coverage with Atlanta Casualty Companies. 7. Believing that the present action may have arisen out of that July 21, 1996 accident, ~loner was retained to enter an appearance for the Defendant and to defend the Defendant in this suit by Atlanta Casualty Companies. 8. However, on January 29, 1997, Petitioner was informed that the lawsuit at hand arose out of a September 15, 1995 motor vehicle accident, during a telephone conversation with counsel for the Plaintiff. 9. On January 30, 1997, forwarded a copy of the police counsel for the Plaintiff report to the Petitioner, which indicated that Defendant, at the time of the accident, had coverage through TICO Insurance Co. 10. Upon a phone call with a representative of TICO, the Petitioner confirmed that TICO was aware of the suit, and had been in contact with Plaintiff's counsel, concerning the Defendant, through her policy with TICOo 11. Therefore, there is no authority by TICO to represent the Defendant in this case, and there is no coverage by Atlanta Casualty Companies, who had retained the Petitioner to represent the Defendant concerning the accident out of which this lawsuit arises. 12. Moreover, no Complaint has been filed by the Plaintiff in this case, so that no responsive pleading is due and owing at this time. 13. Hence, good cause exists therefore under Rule 1.16(c) (5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. WHEREFORE, Petitioner respectfully requests that this Court grant Petitioner leave to withdraw her appearance for the Defendant in this action. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN RE~TELHUBER, ESQUIRE 100 Pine Street, Fourth Floor P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-4641 I.D. No. 66887 ATTORI~E¥S FOR DEFENDANT DATE: Janaury 31, 1997 CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 31st day of January, 1997 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., 2201 North Second Street Harrisburg, PA 17110 Esquire SUSAN M. WILLIAMS TINA V. ROSSON, Plaintiff HEATHER McKEITHAN, Defendant IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA : : NO. 96-SU-04222-01 : : CIVIL ACTION - LAW ORDER AND NOW, this day of 1997, upon consideration of the Petition of Defendant's Counsel for Leave to Withdraw, it is hereby ORDERED and DECREED that said petition is GRANTED and that Petitioner, Marshall, Dennehey, Warner, Coleman and Goggin and Lynn F. Reutelhuber, Esquire, be permitted to withdraw her appearance of record for the Defendant in the above matter. enter an appearance for the Defendant and to defend the Defendant in this suit by Atlanta Casualty Companies. 8. However, on January 29, 1997, Petitioner was informed that the lawsuit at hand arose out of a September 15, 1995 motor vehicle accident, during a telephone conversation with counsel for the Plaintiff. 9. On January 30, 1997, counsel for the Plaintiff forwarded a copy of the police report to the Petitioner, which indicated that Defendant, at the time of the accident, had coverage through TICO Insurance Co. 10. Upon a phone call with a representative of TICO, the Petitioner confirmed that TICO was aware of the suit, and had been in contact with Plaintiff's counsel, concerning the Defendant, through her policy with TICO. 11. Therefore, there is no authority by TICO to represent the Defendant in this case, and there is no coverage by Atlanta Casualty Companies, who had retained the Petitioner to represent the Defendant concerning the accident out of which this lawsuit arises. 12. in this Moreover, no Complaint has been filed by the Plaintiff case, so that no responsive pleading is due and owing at this time. 13. Hence, good cause exists therefore under Rule 1.16(c) (5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. WHEREFORE, Petitioner respectfully requests that this Court grant Petitioner leave to withdraw her appearance for the Defendant in this action. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN LYN~ F. RE~TELHUBER, ESQUIRE 100 Pine Street, Fourth Floor P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-4641 I.D. No. 66887 ATTORNEYS FOR DEFENDANT DATE: Janaury 31, 1997 CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 31st day of January, 1997 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., 2201 North Second Street Harrisburg, PA 17110 Esquire SUSAN M. WILLIAMS ALLENTOWN, PF2qN SYLVANIA (610) 776-7500 FAX: (610) 776-7994 DOYLESTOWN, PENNSYLVANIA (215) 348-1611 FAX: (215) 348-5439 LANCASTER, PENNSYLVANIA (717) 399-1845 FAX: (717) 399-1853 MEDIA, PENNSYLVANIA (610) 892-8700 FAX: (610) 892-8730 NORRiSTOWN, PI:SNNSYLVANIA (610) 292~40 FAX: (610) 292-0410 PITTSBURGH, PENNSYLVANIA (412) 3944090 FAX: (412) 232-3655 LAW OFF CES MAi<SHALL, DENNEHEY, COLEMAN GOC, C, IN A PROFESSIONAL CORPORATION 100 PINE STREE2;, 4TH FLOOR EO. BOX 803 HARRISBURG, PENNSYLVANIA 17108-0803 (717) 232-1022 CABLE ADDRESS -- MARSHALL FAX: (717) 232-1849 January 31, 1997 PHILADELPFL!A, PENNSYLVANIA (215) 575-2600 FAX: (215) 575-0856 Direct Dial 232-4641 Stacia N. Gates, Prothonotary York County Courthouse 28 E. Market Street York, PA 17401 RE: Rosson v. McKeithan CCP (York County) No. 96-SU-04222-01 Our File No. 20614-00109.307 Dear Ms. Gates: Enclosed please find an original and two (2) copies of the Petition of Defendant's Counsel to Withdraw Her Appearance and Proposed Order, to be filed of record in the above-referenced matter. Please time-stamp the extra copy provided and return to the undersigned in the self-addressed, pre-stamped envelope. Please contact me if you have any questions regarding the above. Thank you in advance for anticipated cooperation in this matter. LFR/smw Enclosures cc: Richard F. Maffett, Heather McKeithan Very truly yours, Jr., Esquire (via regular mail) (via certified mail) TINA V. ROSSON~ MAR~"IA'~,,~ DENNEHEY, WAJ~'~IE~, COLEMAN 100 PINE 5~:IEET ', 4TH FLOOR RO. BOX 803 HARRISBURG, PENNSYLVANIA 17108-0803 Plaintiff HEATHER McKEITHAN, Defendant WITHIN IS A '~UE AND C~ ~ IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA : : NO. 96-SU-04222-01 : CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance in the above-captioned case for Defendant, Heather McKeithan. DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN LYNN ~. REUTELHUBER, ESQUIRE 100 Pine Street, Fourth Floor P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-4641 I.D. No. 66887 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 27th day of December, 1996 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., 2201 North Second Street Harrisburg, PA 17110 Esquire SUSAN M. WILLIAMS (610) 2924440 ~ LAW OFFICES MARSHALL, DENNEHEY, WARNER-~ COLEMAN 8 GOGGIN A PROFESSIONAL CORPORATION December 27, 1996 'PHILADELPHIA, PElqNSYLVAN IA (215) 575-26O0 FAX: (215) 575-0856 SCRANTON, PENNSYLVANIA (717) 342-1999 FAX: (717) 342-4999 WEST CHESTER, PENNSYLVANiA (610) 4314100 FAX: (610) ~13D4522 MARLTON, NEW JERSEY (6O9) 985-3900 F;~X: (609) 985-3934 ROSELAND, NEW JERSEY (201) 994-0303 FAX: (201) 994-1965 WILLIAMSIK)RT, PENNSYLVANiA (717) 326-9091 FAX: (717) 3264507 Direct Dial 232-4641 Stacia N. Gates, Prothonotary York County Courthouse 28 E. Market Street York, PA 17401 RE: Rosson v. McKeithan CCP (York County) No. 96-SU-04222-01 Our File No. 20614-00109.307 Dear Ms. Gates: Enclosed please find an original and one (1) copy of the Entry of Appearance on behalf of Defendant, Heather McKeithan, to be filed of record in the above-referenced matter. Please time-stamp the extra copy provided and return the same to the undersigned in the self-addressed, pre-stamped envelope provided. If you have any questions, please do not hesitate to contact me. Very truly yours, L~N~ F. REU~ELHUBER Enclosures cc: Richard F. Maffett, Jr., Esquire (w/enc.) ~ Serve~ ~e w'ith~n 96 SU 4222-01 Summons in Civil Action · Heather McKeithan .- upon ............. : ...... : .................................... i .... ~ ........ £ ................................... : .................................. the w~*h,.'~ ncnned defend~zn~s blt handing tn a-nd l:ecrvlng, w'/~her -'~ a ~ue ~nd a~estea copy of the s=me ~ 28 E. Market St., York County ~ ..... J.:._5..0. ........... O'C~OC~ ._..P'~_, September 30, 1~-~'~- ................................................ ~//~ in~o~ed her ............................................................................................ of the conten~ thereof. Sheriff's Costs $ 25.58 P~d PA Sworn of this ......l.~-...th_ ........... day oi .............. October , 19 96 SO Ans~vers, 2, IN THE COURT "r: COMMON PLEAS OF YOR"' COUNTY, PENNSYLVANIA CIVIL DIVISION Pl~ntiff(s) & Address(es): TINA V. ROSSON 6 Russian Olive Drive Etters, PA 17319 VS. Defendant(s) & Address(es) HEATHER McKEITHAN 424 East Main Street Dallastown, PA 17373 Civil Action - Law PRAEClPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in in the above case. XX __Writ of Summons shall be issued and forwarded to Attome,y/~heriff. Signature of At~ey Richard F. Maffett, Jr., Esquire ZZUI Nort~ Second Street Harrisburg, PA 17110 717-233-4160 Da~: Name/Address/Telephone Number of Attorney Supreme Court D Number 3 5 5 3 9 TO: SUMMONS IN CIVIL ACTION HEATHER McKE ITHAN YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGA; YOU. ' ~ - %. ~ , Prothonotary/Clerk, Civil Division De~u~ Plaintiff(s) & Address(es): TINA V. ROSSON 6 Russian Olive Drive Etters, PA 17319 IN THE COURT OF COMMON PLEAS OF YORK ' 'UNTY, PENNSYLVANIA Civil ACtion - Oe~ndant(s) & Address(es) HEATHER McKEITHAN 424 East Main Street Dallastown, PA 17373 CIVIL DIVISION PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in in the above case. XX __ Writ of Summons shall be Issued and fonvarded to Attomey/~heriff. Signature of Attorney Richard F. Maffett, Jr., Esquire ZZUI NOrth second street Harrisburg, PA 17110 717-233-4160 Da~: Name/Address/Telephone Number of Attorney Supreme Court ID Number 35539 SUMMONS IN CIVIL ACTION TO: HEATHER McKEITHAN YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENqED AN ACTION AGAINS' Prothonotary/Clerk, Civil Division Telephone (717) 233-4160 RICHARD F. MAFFETT, JR. Attorney at Law 2201 North Second Street Harrisburg, Pennsyk, ania 17110 Fex (717) 233-2342 September 10, 1996 Office of the Prothonotary York County Court House 28 East Market Street York, PA 17401 RE: Tina V. Rosson v Heather McKeithan Dear Sir or Madam: Enclosed please find the following items in connection with the above-captioned matter: 1. Original and 3 copies of Praecipe for Summons; 2. Check made payable to the Prothonotary in the amount of $55.00 for the filing fee; 3. Check made payable to the Sheriff in the amount of $50.00 for service charges; and 4. a self-addressed, stamped envelope. Please file this Praecipe and return a time-stamped copy and receipt to me in the envelope provided. I would also appreciate it if you would forward the Writ of Summons and check to the Sheriff for service. Thank you for your assistance in this matter. If you have any questions, or require additional information, please contact my office immediately. Wit~ b, est regards, Richard F. Maff~tt, Jr. RFM/cs Enclosures MAFFETT ~ ASSOCIATES ATTORNEYS-AT-LAW 2201 NORTH SECOND STREET HAICRISBURG PENNSYLVANIA 17110 PHONE 717.233.4160 , FAX 717.233.2342 MAFFETT 8' ASSOCIATES Richard F. Maffett, Jr., Esquire #ID #35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorneys for Plaintiff TINA V. ROSSON, Plaintiff v HEATHER McKEITHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLA~TD COUNTY, PENNSYLVANIA NO. 01-4821 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please mark the above-captioned matter settled and discontinued with prejudice. Dated: September 20, 2001 Ma f f e t ~,r,/~r .~' Esq.