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HomeMy WebLinkAbout01-2467 TODD ALAN REED : IN THE COURT OF COMMON PLEAS OF Plaintiff, ~ CUMBERLAND COUNTY, PENNSYLVANIA ¥o : NO. 01-2467 CIVIL TERM RICHARD LEONARD, : CECELIA LEONARD and : CIVIL ACTION. LAW ROSE A. LEONARD, : Defendants :JURY TRIAL DEMANDED : NOTICE TO DEFEND 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, order 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 money clahned in the comp/aint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights/rnportant to you. OFFICE SET FORTH Bye,-,,,, .~..~..~.z~o..~_. ONE, GO TO OR TELEPHONE THE ~.~,v,v ~o ~D OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Di~abilit~.~: Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals hay/rig business before the court, please contact our office. All anangements must be made at least 72 hours pr/or to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 TODD ~,AL, A~... REED ~ IN THE COURT OF COMMON PLEAS OF Plamti~, ~ CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01=2467 CML TERM RICHARD LEONARD, : CIVIL ACTION. LAW CECELIA LEONARD and ROSE A. LEONARD, Defendants :JURY TRIAL DEMANDED · ~ COMPLAINT AND NOW, thisa~ day of December, 2002 comes the Plaintiff, TODD ALAN REED, by his attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, RICHARD LEONARD, CECELIAN LEONARD and ROSE A. LEONARD: The Plaintiffis Todd Alan Reed, an adult individual residing at 75 West Main Sa'eet, Newville, Pennsylvania 17241. The Defendants, Richard Leonard, Cecelia Leonard and Rose A. Leonard, are adult individuals residing at 88 Lonesome Road, Newville, Pennsylvania 17241. · . Cavalier dr/van by Rose A. Leonard and owned by Ceceha Leonard and Richard Leonard. The single vehicle injury accident occurred on Wolfe Bridge Road approximately 75 feet before Route 34. The vehicle was travelling at a high rate ofspoed when the Defandant, Rose Leonard, lost control of the vehicle, went offthe left side of the roadway and struck a utility pole. The Plaintiff, Todd A. Reed, had multiple contusions and abrasions on his face due to the severe impact which caused his head and face to break through the windshield of the vehicle. The Defendant, Rose A. Leonard, received a hand and leg injuries as result of the impact. o to Both Plaintiff, Todd A. Reed, and Defendant, Rose A. Leonard, were taken by ambulance Carlisle Hospital, Carlisle, Pennsylvania, for emargency treatment of their injuries. The Plaintiff, Todd A. Reed, was treated for multiple facial lacerations with multiple shards of glass imbaddad into his head and face. The Plaintiff, Todd A. Reed, received numerous sutures to closes the lacerations in his face. The injuries sustained by the Plaintiffwas caused by the negligence and careless actions of the Defendant, Rose A. Leonard. 4 10. The Defendant, Rose A. Leonard, · was neghgent and careless as follows: She failed to maintain his vehicle under proper control in an effort to avoid a collision; b. She was operating his vehicle at an unsafe speed; c. She was operating the vehicle while under the influence of alcohol; and d. She was not paying attention to the highway. 11. The negligent actions of the Defendant, Rose A. Leonard, were the Proximate cause of the injuries to the Plaintiff, Todd A. Reed. 12. The conduct of the Defendant, Rose A. Leonard, in operating the motor vehicle while under the influence of alcohol was outrageous in that it was done with a reckless indifference to the safety of the Plaintiff. 13. At the t/me of the accident, Defendants, Ceceha Leonard and Richard Leonard, had negligently entrusted the vehicle to their daughter, Defendant, Rose A. Leonard, knowing that she would be drinking and operating their vehicle in a reckless manner. 5 14. Thc Plaintiff, Todd A. Reed, seeks compensation for thc pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as compensation for future losses he will incur in these areas. 15. The Plaintiff, Todd A. Reed, seeks compensation for the medical expenses which he has incurred and may incur in the future to treat his injuries and lost income from his work which occurred es a result of the injuries he sustained in the accident. ' 16. The Plaintiff,, Todd A. Reed, also seeks compensation for the serious and permanent injuries which he has sustained to his face which has caused extensive scarring. WHEREFORE, the Plaintiff, Todd A. Reed, requests compensation and punitive damages from the Defendants in the amount in excess of Twaniy-Five Thousand and no/100 ($25,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, 60 West Pomfi~ Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court LD. No. 25476 Date: December 20, 2002 Attorney for plaintiff 6 VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of thir action. I have head the statements made in this document and they are tree and correct ~ the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. TODD A. REED Date: D~c~l~. 20, 2002 11 TODD ALAN REED Plaintiff, : IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-2467 CML TERM RICHARD LEONARD, : CECELIA LEONARD and : CIVIL ACTION. LAW ROSE A. LEONARD, : Defendants :JURY TRIAL DEMANDED : CERTIFICATE OF SERVIC_~ · I, Marcus A. McKnight, Ill, Esquire, hereby certify that a copy of attached document was servea upon the following bY depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Penns iv ' addressed as follows: y ama, on the date referenced below and John A. Staffer, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: December 20, 2002 7 TODD ALAN REED, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. TERM : RICHARD LEONARD, : CIV., ACTION - LAW CF, CELIA LEONARD and : ROSE A. LEONARD, : DEFENDANTS : PRAECIPE FOR A WRIT OF SUMMONS TO CURTIS B. LONG, PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff and issue a Writ of Summom ~o~inat tho d~f~ts, Richard Leonard, Cecclia Leonard and Rose A. Leonard. Please direct thc Sheriff to serve the defendants as ~llows: R~chard Leonard Cecella Leonard Rose A. Leonard 88 Lonesome Road Newville, PA 17241 Respectfully submitted, IRWIN, Mci/NIGHT & HUGHES By: Da~e: April 27, 2001 60 Wast Pom.f~t Sm~, Carlis~ (717) 249-23S3 - Supreme Court I.D. To: RICHARD LEONARD, CECELIA LEONARD and ROSE A. LEONARD You are hereby notified tl~ Todd Alan Reed, the plaintiff, bas C~mm~lCed ~ a~t~oII ~a/l~t yOU Which you are requ/~,d to defend or a default judgment may be entered ~i-~t you. /' DEPUTY- / ~ Date:~~_, 2001 SHERIFF' S RETURN - REGULAR CASE NO: 2001-02467 P COMMONWEALTH OF PENNSYLVA/~IA: COUNTY OF CUMBERLAND REED TODD ALAN VS LEONARD RICHARD ET AL RIC}L~RD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LEONARD RICHARD the DEFENDANT , at 1840:00 HOD-RS, on the 1st day of May , 2001 at 88 LONESOME ROAD NEWVILLE, PA 17241 by handing to RICHARD LEONARD 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: So Answers: Docketing 18.00 Service 6.20 ~~~.~_ Affidavit .00 ' Surcharge 10.00 R. Thomas Kline .00 34.20 05/02/2001 IRWIN MCKNIGHT & . HES Sworn and Subscribed to before By: me this ~]~A_ day of ~ iff ~ J~;! A.D. ! ~rothonotary ' ' SNERIFF ' S RETURN - REGULAR CASE NO: 2001-02467 p COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REED TODD AlAN VS LEON~dID RICHARD ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LEONARD CECELIA the DEFENDANT , at 1840:00 HOURS, on the 1st day of May , 2001 at 88 LONESOME ROkD NEWVILLE, PA 17241 by handing to CECELIA LEONARD a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff, s Costs: So Answers: Docketing 6.00 ~.~ Service .00 .~,~.~ .- . · Affidavit .00 ' Surcharge 10.00 R. Thomas Kline .00 16.00 05/02/2001 IRWIN MCKNIGHT~ES Swor~ and Subscribed to before By: me this 2 ~ day of riff ~ ~! A.D. t IProthonotarl; '~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-02467 P COMMONWEALTH OF PENNSYLVANIA: cOUNTY OF cUMBERLAND REED TODD AI~ VS LEONARD RICH~RD ET AL RICF~%RD E. SMITH , Sheriff or Deputy Sheriff of cumberland county,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF sUMMONS was served upon the LEONARD ROSE A DEFENDANT , at _1840:0q HOURS, on the ls% day of May _, 200~ at 88 LONESOME ROAD by handing to NEWVILLE, PA 17241 CECELIA ROAS, MOTHER a true and attested copy of WRIT OF sUMMONS together with and at the same time directing He~ attention to the contentS thereof. So Answers: Sheriff's Costs: Docket ing 6.00 Service .00 .~- .00 Af f idavit Surcharge 10.00 R. Thomas Kline .00_ --16.00 05/02/2001 IRWIN MCKNIGHT ~HES Sworn and Subscribed to before By: me this ~ day of / ~puty' Sheriff --~/~ ~2~o; A.D. ! p~6thonotary John A. 81atler, £mquim Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 ~ SUeet P.O. Box 1268 Han/sbuts, PA 17108-1268 Telephoae: (717) 234-4161 -----------_ Attorney tot Defendants TODD ALAN REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : RICHARD LEONARD, CECELIA : NO. 01-2467 Civil Term LEONARD and ROSE A. LEONARD, Defendants : JURY TRIAL DEMANDED PRAECIPE TO ~ PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance o£$ohn A. Statler, £~uire o~oldberg, Katzman and Sh~pman, P.C. as ¢ounse~ ~or De~endants Richard Leonard, Cecelia Leonard and Rose A. Leonard. Respectfi~lly submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~- Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA i 7108-1268 Telephone: (717) 234-4161 DATE: l/ / '~ /0 2,. rt274.~ Attorneys for Defendants CERTIPICATE OF SERVICE I HI~.REBY CER'I'II~' that I served a true and correct copy of the foregoing document upon ail parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-cless postage prepaid on the. '--~v~. day of /~ ~ ¥-e.~4. ~ ,2002, addressed to the following: Marcus A. McKnight, III,Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~" Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants John A. Statler, Esquire Attorney L D. No. 43812 GOLDBERG, KATZMAN & SIIIPMAN, P.C. 320 M,m'ket Stl~et P.O. Box 1268 Hnrrisbm'g, PA 17108-1268 Telephone: (717) 2344161 Attorney for Defendants TODD ALAN REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVR, ACTION - LAW : RICHARD LEONARD, CECELIA : NO. 01=2467 Civil Term LEONARD and ROSE A. LEONARD, Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Rule upon the Plaintiff, Todd Alan Reed, to file a Complaint within 20 days or suffer a judgment non pros seo. ~ Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~-- Attomqt I. D. No. 4:t812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendams DAT : 87275.1 TO PLAINTI~ TODD ALAN REED: You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment no~n oros will be entered against you. CERTIFICATE OF SERVICE I IFI~REBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ ~ day of ~J ~)~4..4~ ~ ,2002, addressed to the following: Marcus A. McKnight, III,Esquire Irwin, McKnight & Hughes 60 West Pomfi'et Street Carlisle, PA 17013 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-126g Telephone: (717) 234-416 I Attorneys for Defendants John A. $1atler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 ls~rket Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants TODD ALAN REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RICHARD LEONARD, CECELIA : NO. 01-2467 Civil Term LEONARD and ROSE A. LEONARD, Defendants : JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on November 8, 2002 and served on the date reflected in the attached Certificate of Service. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~-' Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburs, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants DATE: /t /1~ /a 2_ 87276.1 John A. $1atler, Esquire Anomey L D. No. 43812 GOLDBERO, WATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 l"lanisburg, PA 17108-1268 TeJephoae: (717) 234-4161 Attorney for Defendants TODD ALAN REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW RICHARD LEONARD, CECELIA NO. 01=2467 Civil Term LEONARD and ROSE A. LEONARD, Defendants : J-u-RY TRIAL DEMANDED CERTIFICATE OF SERVICE I H~REB¥ CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on November $, 2002, upon counsel for Plaintiff, by depositing same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ! 2"'l~day of /~0 V-g,#4 ~ , 2002, addressed to the following: Marcus A. McKnight, III, Esquire Irwin, Mci(night & Hughes 60 West Pon~et Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~- Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants ~ER_TIFICATE OF SERVI¢:~ I tlEREliy CI:RTIFY that ! served a true and correct copy of the foregoing doc-ment upon all patties or counsel of record by depositing a copy of same in the Un, ted States Mai] at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ day of ~2002, addressed to the following: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carl/s/e, PA 17013 Respectfully submitted, i SH/PMAN, P.C. Ry .. ~.o? A. , ire ^tto,-~ey I. o. ~ -- 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-416 I Attorneys for Defendants John A. Static, Esquire Attorn~J I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Mnxket Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone; (717) 234-4161 Attorney for Defendants TODD ALAN REED, : IN TI-H~ COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RICHARD LEONARD, CECELIA : NO. 01=2467 Civil Term LEONARD and ROSE A. LEONARD, Defendants : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants hereby certify 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 was 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 to be served is ~o the Notice of Intent. By: _. ~. _.,~..~"~ . ~x ~ John A. Statler, Esquir~.~ Attorney I.D. No. 43812TM 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: 10 ] 1 3 10 .~ Telephone: (717) 234-4161 · ~ohn A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: ('717) 234.4161 Attorney for Defendants TODD ALAN REED, : IN THE COURT OF COMMON PLEAS Plaintiff' ! CUMBERLAND COUNTY', PENNSYLVANIA : CIVIL ACTION _ LAW RICHARD LEONARD, CECELIA LEONARD and ROSE A. LEONARD, : NO. 01-2467 Civil Term Defendants : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBp PRODUCE DOCU'ME~"re - .... OENA TO ....... · - ~v KULE 4009.21 TO: TODD ALAN REED, Plaintiff c/o MARCUS A. MCKNIGHT, ESQUIRE Ir~n, McI~ight & Hughes 60 West Pomfi'et Street Carlisle, PA 17013 Attorney for Plaintiff PLEASE TAKE NOTICE that Rose A. Leonard ' Defendants, Richard Leonard, Cecelia Leonard and intend to serve a subpoena identical to the one attached to this notice. You have 20 days From the date listed below in wl~ch to file on record and serve upon the undersigned an objection to the subpoena. If'no objection is mede, the subpoena may be served. Dat : Attorney for Defendant CERTIFICATE OF SERVICE 1 HEREBy CERTIFy that I served a true and correct copy of the foregoing document upon a~l parties or counsel of record by depositing a copy of,same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the / ~ day of ~, 2003, addressed to the following: Marcus A. Mci(night, Ill, Esquire Irwin, Mci(night & Hughes 60 West Pomfret Street Car/isle, PA 17013 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants John A. Statler, Esquire Attorney I. D. No. 43812 GOLDIEERG, KA'I'ZMAN & ~IlPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 1'/108-1268 Telephone: (?17) 234-4161 Attorney for Defendants TODD ALAN REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RICHARD LEONARD, CECELIA : NO. 01-2467 Civil Term LEONARD and ROSE A. LEONARD, : Defendants : IUR. Y TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service ora subpoena for documents and things pursuant to Rule 4009.22, Defendants hereby certify that: l) 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 was 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 subpo~receive.d;.and , 4) The subpoena to be served~ ~'"'~ ~i~dentical to~bp~L. ~ena attached ~mthe~olice of Inte:~.'_ l/~hn A~stler'~Ire 320 Market P.O. Box 126g Harrisburg, PA 17105-1268 DATEi,~,' Telephone: (?17) 234-4161 John A. Staffer, ~.squ~rc L/" AtlomeyI. D. No. 45812 ~ I~ · . . ... ...... GOLDBERG, KATZMAN & SHIPMAN, P.C. ~./,;. 320 l~rket Strect P.O. Box 1265 Hsrr~sburg, PA 17]08-1268 Telephone: (717) 234-4161 Attorn~ £0r D~endants TODD ALA~ ~£D, : IN ~ COURT OF CO~ON PLEAS Plaintiff : CLTMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : RICHARD LEONARD, CECELIA : NO. 01-2467 Civil Term LEONARD and ROSE A. LEONARD, : Defendants : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Marcus A. McKnight, Esquire: PLEASE TAKE NOTICE that Defendants,, intend to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days fi.om the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG-, KATZMAN & SHIPMAN, P.C. s/..,.,,,/: John A. Statics, Esquire Date:/~i).~./;~, 3'.' ~//- Attorney for Defendants · (~'tn~ OF P~V~ Todd Allen Reed, Plsintiff : File No. ~ Richard Leonard, Ceeelia Leonard and . Rose A. Leonard, Defendants ' ~---_____ ...... ,',., rU_E 4009__~22 TO.. ~ ante of Pe~sort of- Entff. y) ~ Within twenty (20) days afte~ service of th~s subpoena, you a~e or'de, ed by the court to produce the followfr~ dooJnents or' things: Any and a[1 medica! records perl:aining Todd All. eh Reed, ])OR 8/9/7], SS# 2]0-~ .... at __ GoldberR, Rat:sman & Shipman, ?.~ ~ -ql:['eet:~~,~ (~ddr'ess) ------___ You n~y deliver- or- rn~il legible cooJes of the docunents c~ Pr'oduce thfngs requested by [his su~ul:yOena, togethe~ wif~h the certificate of c.~p~jartce, to the pa~ty making this request at. the addr-e~s listed above. You have the right to seek Jn adva~.ce the reasonable cost: o1: f~r'el~a~ng the copfes or ~r'oducing the things sought. If you faf! 1:o produce the docunents c~ things requf~ed by thfs subf~..-~.~na (20) days afte~- its Service, the pa~ty serving this subpoer~a may seek a court or'de~ ccn~liJr;g you to c~mply w~th it. N~:~.wAS ISSUED AT THE RE(;~JEST OF THE FOLLOIV,NG PERSON: ,unn A. Sta~er Es Uire ADORESS:_3_2_.0___~arkec SI:reek, PO Box 1268 TELEPHONE= (717) 234-4161 SUPRB~ OOLRT ID # 43.___812 ATTORNEY F(~R: De£endants, Rose~e A. Leonard (Elf. 7/97) ?odd Kllen Reed, Plaintiff : RichaFd Leonazd, Gece~a ~eonaFd a~ ~ F~Je ~. ~-~ Rose A. ~OnaFd, (N~ of p . Wi~in ~ty (20) da..~ of this sub~ ._ ~ ~i) )~ibIe ~ies r~est at ~e ~eth~ With ~e .. of the ~nts '~ == ~ p~ ..... = ~ne p~ ~ , ~ the P~ty~k~n9 this · ~u~ng t~ ~inss s~t~ s~k in a~c= the ~ea~]e (20J days a~t~ frs S~Vfce, ~ts ~e]l~n9 y~ ~ ~]Y w~ ~t. ~e ~ty s~v~n9 th{s s~a within tw~ty (Elf. 7/97) · fohn A. Staffer, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market SLeet P.O. Box 1268 I'lan/sbut8, PA 1'7108-1268 Telepheae: (717) 234-4161 Attorney for Defendants TODD ALAN REED, IN THE COURT OF COMMON ~ Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RICHARD LEONARD, CECELIA : NO. 01-2467 Civil Term LEONARD and ROSE A. LEONARD, Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: TODD ALAN REED, Plaintiff c/o MARCUS A. McKNIGHT, Ill, ESQUIRE Irwin, Mc, Knight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: j~- Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: //1.~/0..~ Attorney for Defendants John A. Statler. Esquire Air, ney ~. D. No. 43812 GOLDBERG, KATZMAN & SIflPMAN, P.C. 320 Market Street P.O. Box 1268 Hmisburg, PA 1710g-126g Telephone: (717)234-4161 Attorney for Defendants ~=~D ALAN REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RICHARD LEONARD, CECELIA : NO. 01-2467 Civil Term LEONARD and ROSE A. LEONARD, Defendants : JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT INCLUDING NEW AND NOW, come the Defendants, Richard Leonard, Cecelia Leonard and Rose A. Leonard, by their attorneys, Goldberg, Katzman and Shipman, P.C. who file the following Answer and New Matter in response to the Plaintiffs Complaint: 1. Admitted on information and belief. 2. Admitted. 3. It is admitted that on May 1, 1999 at approximately 4:30 a.m., Todd Alan Reed was a passenger in the front seat ora 1989 Chevrolet Cavalier driven by Rose A. Leonard. The vehicle was owned by Rose A. Leonard and Cecelia Leonard. The vehicle was not owned by Richard Leonard. 4. It is admitted that a single vehicle accident occurred on Wolfe Bridge Road near the imersection of Route 34. It is denied that the vehicle was traveling at a high rate of speed. It is admitted that the vehicle went off.the left side of the roadway and struck a utility pole. 5. It is admitted that the Plaintiffsustained some injuries to his face in this accident. 6. Admitted. 7. Admitted. 8. Based upon information and belier;, it is admitted that the Plaintiffreceived treatment to his head and face including sutures. By way of further answer, Defendants are without information sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph and, therefore, deny the same and demand strict proofat trial if deemed material 9. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that any 2 injuries sustained by the Plaintiffwere caused by an negligence or careless actions on the pan of Defendant Rose Leonard. 10. The averments in this paraffraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Rose A. Leonard was negligent and careless in: a. failing to maintain the vehicle under proper control in an effort to avoid a collision; b. operating the vehicle at an unsafe speed; c. operating the vehicle while under the irtfluence ofalcohol; and d. not paying attention to the highway. 11. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Rose A. Leonard was negligent and further denied that any negligent actions on the part of Defendant Rose A. Leonard were the proximate cause of any injuries sustained by the PlaintilT 12. The averments in this paragraph constitute conclusions oflaw to which no response is required. In the event a response is deemed to be required, it is specifically denied that Defendant Rose A. Leonard was operating the motor vehicle while under the influence et' 3 alcohol. By way of further answer, it is denied that the conduct of Rose A. Leonard was outrageous or that it was done with a reckless indifference to the safety of the Plaintiff 13. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Rose A. Leonard operated the vehicle in a reckless manner and denied that Defendants Cecelia Leonard and Richard Leonard negligently entrusted the vehicle to their daughter knowing tha! she would be drinking and operating their vehicle in a reckless manner. 14. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. 15. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Pleintil~s alleged damages and, therefore, deny the same and demand strict proof at time of trial if' deemed material. 4 16. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged damages and, therefore, deny the same and demand strict proof at time of trial it' deemed material. WHEREFORE, Defendants Richard Leonard, Cecelia Leonard and Rose A. Leonard respectfully request that the Plaintiff.s Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiff. NEW MATTER By way of additional answer and reply, Defendants raise the following New Matters' 17. Some or all of the Plaintiffs claims are barred in whole or in part by the applicable Statute of Limitations. 18. Some or ail of the Plaintiffs claims are barred and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. A § 170 I, et .s'eq., and especially by §§1705 and 1722 of that law. 19. Some or all of the Plaintiffs claims are barred in whole or in pan and/or are limited by the provisions of the Pennsylvania Comparative Negligence Law and/or by the Doctrine of Comparative/Contributory Negligence. 20. PlaintiffTodd A. Reed failed to exercise reasonable care for his own safety and was negligent and/or careless in that he: a. insisted that Rose A. Leonard drive him home knowing or having reason to know that she was too fatigued or tired to do so; and b. voluntarily rode as a passenger in the vehicle operated by Rose A. Leonard knowing or having reason to know that she was fatigued and too tired to drive. 21. The negligence and carelessness of Plaintiff Todd A. Reed as aforesaid was a substantial factor in bringing about the Plaintiffs harm. 22. Todd Alan Reed has been paid for some or ail of'the damages alleged in the Complaint and, therefore, claims for those damages are barred by the defense of payment. WHEREFORE, Defendants Richard Leonard, Cecelia Leonard and Rose A. Leonard respectfully request that the Plaintiffs Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiff. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By:~- 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: //] S--/6t.~ Attorneys for Defendants 89539.1 7 VERIFICATION 1, RICliARD LEONARD, hereby acknowledge that ! am a Defendant in this action; that I have reed the foregoing Answer With New Matter; and that the facts stated therein are true and correct to the best of my knowledge, information and beliefS. 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. IffCflARD LEONARD ~ DATE: VERIFICATION I, CECELIA LEONARD, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer With New Matter; and that 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. CECELIA LEO~ARD ~ VERIFICATION l, ROSE A. I'.I~.ONARD, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer With New Matter; and that 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 unswom falsification to authorities. R~OSE A. ~,~EONARD CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel ofrecord by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the / ~.. T~. day of x,./Pn U,or 7 ,2003, addressed to the following: Marcus A. McKnight, Ill,Esquire Irwin, McKnight & Hughes 60 Wes~ Pomfret Street Carlisle, PA 17013 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Bye' Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-416 I Attorneys for Defendants ~F COMMON PLEAS OF--' TODD ALAN REED, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : NO. 01-2467 CIVIL TERM ¥. RICHARD LEONARD, : CIVIL ACTION - LAW CECELIA LEONARD and : : JURY TRIAL DEMANDED ROSE A. LEONARD, : Defendants _PRAECIPE TO SETTLE AND DISCONTINUE- To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully submitted, 60 West Pomfret Street Carlisle, pennsylvania 170 ! 3 (717) 249-2353 Date: December 22, 2003 TODD ALAN REED, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : NO. 01-2467 CIVIL TERM ¥o : CIVIL ACTION - LAW RICHARD LEONARD, : CECELIA LEONARD and : JURY TRIAL DEMANDED ROSE A. LEONARD, : Defendants CERTIFICATE OF SERVICE_ I, Marcus A. McKnight, III, Esquire. hereby certify that a copy of attached Praecipc to following by depositing a true and correct copy of Settle and Discontinue was served upon the prepaid in Carlisle, Pennsylvania, on the the same in the United States mail, First Class, postage date referenced below and addressed as follows: John A. Statler, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 IRWIN & Mc,KNIGHT, 60 West Pomfre]~ Sleet Cmlisle, PA 17~13 J (717) 249-2353~ Sup~e Co~ 1.D~25476 Date: December 22, 2003 2 ~ '11 ~..' , ~-~ ,. ':' I",0 ,t~ C~ -, :. r.- ~.; 'L.~ F'-~. · .~ ~ ~_.~