HomeMy WebLinkAbout04-4087LARRY BURKEY, Individually and as
Administrator of the ESTATE OF
RUTH M. BURKEY, Deceased,
V.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
No. 04-4087 Civil Term
CIVIL ACTION -LAW
WILLIAM A. REID,
Defendant JURY TRIAL DEMANDED
PLAINTIFF'S MOTION FOR DEPOSITION OF
INCARCERRATED DEFENDANT
1. Through discovery, the Plaintiff has learned that the Defendant is currently
incarcerated.
2. The Defendant is incarcerated at the Clinton County Correctional Facility, 58
Pine Mountain Road, Clinton County, McElhattan, Pennsylvania 17748.
3. It is believed that the Defendant will be incarcerated for a significant period of
time, and therefore if a deposition of the Defendant is to occur it will most likely
occur while he is incarcerated.
WHEREFORE the Plaintiff therefore requests leave; of court to depose the
Defendant in accordance with Pa. R.C.P. 4007.2(d).
Respectfully Submitted,
SCHMIDT, RONCA & KRAMER, P.C.
:G
By/
Gard C. Kramer
1D. No. 44715
l 209 State Street
Harrisburg, PA 17101
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this Ay'day of e fv,..o41 , 2005, I, Gerard C.
Kramer, Esquire, hereby certify that I have this day served the foregoing Plaintiffs
Motion for Deposition of Incarcerated Defendant and proposed Order by depositing a
copy of the same in the United States Mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed to:
Richard Druby, Esquire
Nestico & Druby, LLP
840 E. Chocolate Avenue
Hershey, PA 17033-1213
SCHMIDT, RONCA & KRAMER, P.C.
I A(-
By
-Gerard C. Kramer
Attorney at Law
Attorney I.D.# 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
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LARRY BURKEY, Individually and as
Administrator of the ESTATE OF
RUTH M. BURKEY, Deceased,
V.
WARREN A. REID,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
No. 04 - W7
: CIVIL ACTION -LAW
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20)
days after this Complaint and Notice are served, by entering a written appearance
personally or by attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING
A LAWYER.
IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
[CAPTION)
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes paginas, debe
tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de
esta Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de
que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la
demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante
puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted
puede perder dinero o propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A
CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
LARRY BURKEY, Individually and as
Administrator of the ESTATE OF
RUTH M. BURKEY, Deceased,
Plaintiff
V.
WARREN A. REID,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA No. 04 4OP7 l:?c?l? I l
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, LARRY BURKEY, individually and as the
administrator of the Estate of RUTH M. BURKEY, deceased, by and through his
attorneys, SCHMIDT, RONCA 8s KRAMER, P.C., and respectfully avers as follows:
FACTS AS TO ALL COUNTS
1. Plaintiff Larry Burkey is an adult individual currently residing at 231
Regent Road, Harrisburg, Dauphin County, Pennsylvania.
2. Plaintiff Larry Burkey has been duly appointed as the Administrator of
the Estate of Ruth M. Burkey, deceased, by Cumberland County on January 21,
2004.
3. Decedent, Ruth M. Burkey, was an adult individual who resided at 133
East Dauphin Street, Enola, Pennsylvania, at the time of the facts which give rise to
this complaint and at the time of her death.
4. Defendant, Warren A. Reid, is an adult individual currently residing at
RR 2, Box 336-C, Sunbury, Northumberland County, Pennsylvania.
5. Plaintiff brings this action pursuant to 42 PA. CONS. STAT. ANN. § 8301
and Pa. R.C.P. 2202(a) as the personal representative of the Decedent and on his
own behalf and on behalf of all those entitled by law to recover damages for the
wrongful death of Ruth M. Burkey.
6. Plaintiff further brings this action pursuant to 42 PA. CONS. STAT. ANN. §
8302 and 20 PA. CONS. STAT. ANN. § 3373 for all damages suffered by the Estate of
Ruth M. Burkey as a result of the death of Ruth M. Burkey as well as for pain,
suffering, and inconvenience she suffered prior to her death.
7. The names and last known residence addresses of all persons legally
entitled to recover damages for the death of Ruth M. Burkey and the relationship of
each to the Decedent are as follows:
a. Larry Burkey
(Son)
231 Regent Road
Harrisburg, PA.
b. Russell H. Burkey
(Son)
133 E. Dauphin Street
Enola, PA.
C. Richard E. Burkey
(Son)
Mechanicsburg, PA
8. As personal representative of the Estate, Decedent, Plaintiff has the
right to bring the action of wrongful death pursuant to the Wrongful Death Act.
9. At no time during her life did Ruth M. Burkey bring an action to recover
for her personal resulting from the events herein described, and no other action has
been commenced to recover damages for her death.
10. The events which give rise to the above-captioned action took place on
September 14, 2003 at approximately 8:28 a.m. on Dauphin Street & Enola Road in
Enola, Cumberland County, Pennsylvania.
11. At that time and place, Decedent Ruth M. Burkey, was driving east on
Dauphin Street in her automobile and had come to the stop sign posted for the east
bound traffic at the intersection of that road with Enola Road.
12. At that time and place, Defendant Warren A. Reid, was traveling south
on Enola Road and near the intersection referenced in Paragraph 10 this complaint,
and in a pick up truck owned by one T.S. Seedor.
13. Decedent, Ruth M. Burkey, proceeded through the intersection upon
which a tremendous collision occurred between her and Defendant resulting in her
death.
14. The initial impact of the collision referred to in Paragraph 11 of this
Complaint occurred in the center lane of Enola Road, which is designated for
turning traffic and not for through traffic.
COUNT I
WRONGFUL DEATH
LARRY BURKEY, Individually and as the Administrator of the Estate of Ruth
M. Burkey, Deceased v. Warren A. Reid
15. Paragraphs 1 through 14 are incorporated herein by reference and
made a part hereof as if set out in full.
16. The Decedent's death was a result of the Defendant Warren A. Reid's
negligence, which included, but is not limited to:
(a) Failing to maintain his lane of traffic;
(b) Failing to be alert and maintain a proper watch for the presence
of other motor vehicles lawfully on the roadway;
(c) Failing to apply his brakes in time to avoid striking Ms. Burkey's
vehicle;
(d) Failing to keep proper and adequate control of the pick up truck;
(e) Failing to travel at a safe speed, given existing road conditions;
(f) Failing to operate the pick up truck with due care;
(g) Failing to act reasonably under the circumstances;
(h) Operating the pick up truck upon the highway in violation of
section 3309(1) of the Pennsylvania Motor Vehicle Code.
17. The death of Ruth M. Burkey was a factual result of the negligence of
Defendant Warren A. Reid.
18. The death of Ruth M. Burkey was caused by reason of Defendant
Warren A. Reid's conduct and was not caused or contributed to by any conduct on
the part of Decedent.
19. The Decedent is survived by her three sons, listed in Paragraph 6.
20. Plaintiff brings this action on behalf of the survivors of the Decedent
under and by virtue of the Wrongful Death Act, 42 PA. CONS. STAT. ANN. § 8301.
21. Plaintiff claims damages of the Defendant under and by virtue of the
Wrongful Death Act for the loss of companionship, pecuniary value of future
services, support, and contribution of Decedent that would have been rendered to
him and his two brothers for the expected remainder of their lives.
22. Plaintiff claims damages for the loss of Decedent's net earnings from the
date of death until the expected remainder of her work life.
23. Plaintiff further demands all economic losses suffered by the Decedent's
estate including, but not limited to, funeral expenses, cost of administration, and all
other expenses reasonably associated with her death.
WHEREFORE, the Plaintiff demands judgment against Defendant Warren A.
Reid in a mount in excess of the amount requiring compulsory arbitration, exclusive
of interest, attorney's fees, and costs.
COUNT II
SURVIVAL ACTION
LARRY BURKEY. Individually and as the Administrator of the Estate of Ruth
M. Burkey. Deceased v. Warren A. Reid
24. Paragraphs 1 through 23 of the Plaintiff's Complaint are incorporated
herein by reference and made part thereof as if set forth in full.
25. Plaintiff is the son of Decedent and was duly appointed Administrator of
her Estate.
26. Plaintiff brings this action on behalf of the Estate of the Decedent under
and by virtue of the Survival Act, 42 PA. CONS. STAT. ANN. § 8302.
27. Plaintiff claims, on behalf of the Estate of Ruth M. Burkey, Decedent,
damages suffered by reason of the death of the Decedent as well as for the
conscious pain and suffering, emotional trauma, and fear of impending death the
Decedent underwent prior to her death.
28. Plaintiff claims damages for the economic losses of funeral and estate
costs, as well as all other attendant costs incidental to Decedent's death.
29. Plaintiff claims damages for the loss of Decedent's net earnings from the
date of death until the expected remainder of her work life.
30. The damages sustained by the Estate of Ruth M. Burkey as enumerated
above are the factual result of the negligence of Defendant Warren A. Reid, as set
forth in Count I of Plaintiff's Complaint, and were not caused by the Decedent or
those who have survived her.
WHEREFORE, the Plaintiff demands judgment against Defendant Warren A.
Reid in amount in excess of the amount requiring compulsory arbitration, exclusive
of interest, attorney's fees, and costs.
Date: 4315 A)
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
By
erard C. Kramer
Attorney for Plaintiff
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
VERIFICATION BASED UPON PERSONAL KNOWLEDGE
AND INFORMATION OBTAINED THROUGH COUNSEL
I, LARRY BURKEY, Individually and as Administrator of the ESTATE OF
RUTH M. BURKEY, Deceased, verify that I am the Plaintiff in the foregoing action
and that the attached Complaint is based upon information which has been
gathered by my counsel in the preparation of this lawsuit. The language of the
Complaint to the extent that it is based upon information that I have given to my
counsel is true and correct to the best of my knowledge, information and belief.
To the extent that the contents of the Complaint are that of counsel, I relied upon
counsel making this Verification.
I understand that intentional false statements herein are subject to the
penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities.
81S0q Date:
RRS BURKEY, Individually and as
Administrator of the ESTATE OF
RUTH M. BURKEY, Deceased
;Q
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-04087 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BURKEY LARRY ET AL
VS
REID WARREN A
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
REID WARREN A
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On September 28th , 2004 , this office was in receipt of the
attached return from NORTHUMBERLAND
Sheriff's Costs: So answe
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. ?Thmas Kline
Dep Northumberland 60.21 Sheriff of Cumberland County
.00
97.21
09/28/2004
SCHMIDT RONCA KRAMER
Sworn and subscribed to before me
this h/ day of
P„
,Zt?ty A. 1).
L h ?prA ?.?,.
0 / Prothonotary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-04067 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BURKEY LARRY ET AL
VS
REID WARREN A
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
REID WARREN A
but was unable to locate Him
deputized the sheriff of CLINTON
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On September 28th , 2004 , this office was in receipt of the
attached return from CLINTON
Sheriff's Costs: So answe
Docketing 6.00
Out of County 9.00 v
Surcharge
10.00 R. Thomas Kin
Dep Clinton County 36.80 Sheriff of Cumberland County
.00
61.80
09/28/2004
SCHMIDT RONCA KRAMER
Sworn and subscribed to before me
this y- day of ?
.200`( A. D.
7
0- ?hi-i6. , APj,?,hs
Prothonotaty,' /
In The Court of Common Pleas of Cumberland County, Pennsylvania
Larry Burkey et al
vs.
Warren A. Reid
SERVE: William A. Reid
No. 04-4087 civil
Now, September 13, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Clinton County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
I.?
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
, 20, at o'clock M. served the
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of County, PA
Sworn and subscribed before
me this ` day of 20
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
-V of ?um?ert$ d
R. THOMAS KLINE
Sheriff
EDWARD L.SCHORPP
Solicitor .
T0: Hon. Charles Ankney
Clinton County Sheriff
Dear Sheriff:
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RE: Lamy Burkey et al
VS
Warren A. REid
04-4087 civil'
Enclosed please find Notice and-Caff0aint
Willian A. Reid **
to be seined upon
SONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Deputy
Clinton County Correctional Facility
58 Pine Mountain Road
McElhattan,.PA 17748
** Attorney is aware that name on complaint is incorrect. He is requesting that
in your County. WILLIAM, not Warren, be served.
Kindly make service thereof and send us your return of service.
Very tnily yours,
R. Thomas Kline, Sheriff
Cumberland County, Pennsylvania
Enclosures:
In The Court of Common Pleas of Cumberland County, Pennsylvania
Larry Burkey, individually and as Administrator of the Estate of Ruth M. Burkey, deceased
vs.
Warren A. Reid
No. 2004-4087 CIVIL
Now, August 18, 2004, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Northumberland County to execute this Writ, this
,
deputation being made at the request and risk of the Plaintiff,
Now,
within
upon
at
by handing to
a
Sheriff of Cumberland County, PA
Affidavit of Service
and made known to
Sworn and subscribed before
me this day of
120 , at o'clock _M, served the
copy of the original
the contents thereof.
So answers,
Sheriff of
County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
PLAINTIFF: BURKEY, LARRY individually and as CASE #: 04 CV 4087
P: Administrator of the ESTATE of RUTH M. BURKEY CTY FILED: CUMBERLAND
VS: FILE DATE: 04/08/17
DEFENDANT: REID, WARREN A. DATE RECEIVED: 04/08/19
D: RR 2 BOX 336-C ASSIGNED TO: 1 DEF
D: SUNBURY, PA 17801 LAW FIRM: CUMBERLAND
D: EXPIRES: ASAP
D:
SHERIFF'S RETURN
I HEREBY CERTIFY AND RETURN I SERVED:
BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: NOTICE AND COMPLAINT
PERSON SERVED: NO SERVICE ON WARREN A. REID/ NO SUCH PERSON AS PER OCCUPANTS/
DATE SERVED: ALTHOUGH WILLIAM REID WAS IN AN ACCIDENT AND HE IS NOW IN
CAPACITY: CLINTON COUNTY PRISON
TIME:
PLACE SERVED:
COUNTY OF NORTHUMBERLAND AND STATE OF PENNA „ MAKING KNOWN UNTO : THE
CONTENTS THEREOF. SO ANSWERS: CHAD A. REINER, ACTING SHERIFF
BY DEPUTY: LUPOTSKY, MATT/ KLOPP, SHENNON
BY:
I HEREBY CERTIFY AND RETURN THAT I SERVED:
BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN:
PERSON SERVED:
DATE SERVED:
TIME:
PLACE SERVED:
CAPACITY
COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO THE
CONTENTS THEREOF.
SO ANSWERS: CHAD A. REINER, ACTING SHERIFF
BY DEPUTY:
BY:
SHERIFF'S COSTS: $ 60.21
REC #: 24000
NO. OF ATTEMPTS: 3
DOCKET PAGE #: 04 CV 0559
Sworn to and subscribed before
me this aI day of
A.D. 200, _
,6THJfJ?
--e'4
My Comm. Exp, IstMon, Jan, 2006
DATE RECEIVED DATE PROCESSED
SHERIFF'S DEPARTMENT
CLINTON COUNTY, PENNSYLVANIA
COURTHOUSE, BASEMENT, LOCK HAVEN, PA 17745
INSTRUCTIONS:
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN Print legibly, insuring readability of all copies.
Do not detach any copies. CCSD ENV.fl
1. PLAINTIFF / S / 2. COURT NUMBER ??VJJ
Bllrkey, Larry 04-•4087
3. DEFENDANT / S / 4. TYPE OF WRIT OR COMPLAINT
Reid, William Notice & Complaint
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC„ TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD v
WILLIAM A. REID
6. ADDRESS (Street or RFD, Apartment No., City, Sao, Twp., State and ZIP Cade)
AT CCCP, 58 PINE MOUNTAIN ROAD MCELHATTAN, PA 17748
7. INDICATE UNUSUAL SERVICE: F] PERSONAL [] PERSON IN CHARGE DEPUTIZE CERT. MAIL []REGISTERED MAIL POSTED OTHER
NOW, 20__, I, SHERIFF OF CLINTON COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
SHERIFF OF CLINTON COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ
may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of
such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs' sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of 10. TELEPHONE NUMBER 111. DATE
[j PLAINTIFF
GERARD C. KRAMER []DEFENDANT 9/20/04
SPACE BELOW FOR USE OF SHERIF- ONLY - DO NOT WRITE BELOW THIS LINE
I acknowledge receipt of the writ SIGNATURE of Authorized CCSD Deputy or Clerk and Title 13. Date Received 14. Expiration/Hearing date
12. or complaint as indicated above. {CHRISTINA M. BILBY SECRETARY 9/20/04 10/10/04
15. 1 hereby CERTIFY and RETURN that ve personally served, ?have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse)
?have posted the above described ropeny with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual,
company, corporation, etc., at the address inserted below by handling/or Posting a TRUE and ATTESTED COPY thereof.
16. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
17. Name and title of individual serveM1 ,I 18. person of suitable age and discretion Read Order
(/, ? Y4 then residing in the defendant's usual place
( of n etle ? El
.
19. Address of where served IFGmp to only if ditfereDt,lhan sbepn above) (Sire t or RFD, Apartm nt No City.@oro, Twp., 20. Date of Service 21. Time
State and ZIP Code) /l/-?C COj 'D_b fC,.,rrQ. l A? /? ? 0
22, ATTEMPTS Date Miles Dep. Int. Date Mlles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int.
23, Advance Costs 24. 25. 26.
1 27. Total Costs 28. COST DUE OR REFUND
AFFIRMED and subscribed to before me this
By (BMriWDep SherilQ (Please Prini oror Type
day LL_ 20 0 e,7gnNKNEY
o of Sheriff ,n '
i? K
NOTARY Ve@LI sH a1FFqOCIti C OONTY
MV CO ION EXPIR 5 ROTARIAL SEAL
t9sYyr. u RANI( NOTUW p Mr
I ACKNOWLEDGE RE 101*41IlRi A %U4W SI NATURE
OF AUTHORIZED I SLiWOMW(BANbM"[DC lhft4,2W7
Date
Data
q/-?_ ?
39. Date Received
PROTHONOTARY
SHERIFF'S RETURN! OF SERVICE
( ) ; The within
upon within named
defendant by mailing t<
by nia. regal , ::ceipt ? ,t!,ested, postage
prepaid, n the
a true and attesied copy tiaerco at _
-i-he return recelpf signed by-_,..--- _-
defendant on the dereto attached and
made a part of this return.
(2) Outside the Commonwealth, pursuant to Pa. RCP405 IC) i, uj nailing a true and
,este(I spy
i` the rU!!U'NI!K TlBnne r'.
i i T'a the defcndant by ( ) registered { certified ma,?., tetur- e:?eipi requested,
;sta,,je p?eF,aia, addressee only on the
aid ecelpt being returned NOT signed dy defendervcut ,a I notation by the
Postal Authorities that Defendant refused to accept the same The returned
receipt and envelope is attached hereto and made part of this return.
And thereafter.
( 5 Ib= ?o the defendant by ordinar mail addressed to defendant at same address, with
the rr ur ,3, ;clress sf the Sheriff appearing +herec,r: tr,t?
i further certify that after fifteen (15) days from the mailing date. I nave no
receives said. envelope back from the Postal Authorities. A certificate of mailing
is hereto attached as a proof of mailing.
t ) (3) By publication '. the Lock Haven Express, a weekly publication of general circulation
in the Coup, o! Clinton, Commonwealth of Pennsylvania, t;ne time with publication
appearing
The affidavit f parr sa,d sck haven kcxpress is hereto attaches.
Y DATE RECEIVED
SHERIFFS" DEPARTMENT
CLINTON COUNTY, PENNSYLVANIA
COURTHOUSE, BASEMENT, LOCK HAVEN, PA 17745
DATE PROCESSED
INSTRUCTIONS:
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN Print legibly, insuring readability of all copies.
Do not detach any copies. CCSO ENV.#
1. PLAINTIFF / S / 2, COURT NUMBER
Bur-koy., i._ar T°y 04-°4087
3. DEFENDANT / S / 4. TYPE OF WRIT OR COMPLAINT
ReiL, Ui,l.l.i.am Notice Rr Complaint
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. -J
WILLIAM A. RFID
6. ADDRESS (Street or RFD, Apartment No., City, Bono, Twp., State and ZIP Code)
AT GCCP, 58 FINE MOUNTAIN ROAD MCELHATTAN, PA 17748
7. INDICATE UNUSUAL SERVICE: PERSONAL ?PERS7N IN CHARGE DEPUTIZE CERT. MAIL ? REGISTERED MAIL POSTED E]OTHEA
NOW, 20, I, SHERIFF OF CLINTON COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
SHERIFF OF CLINTON COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
I
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ
may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of
such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs' sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of 17. TELEPHONE NUMBER 11. DATE
? PLAINTIFF
GERARD C. KRAMER ?DEFENDANT 9/20/04
SPACE BELOW FOR USE OF SHERIl"F ONLY - DO NOT WRITE BELOW THIS LINE
I acknowledge receipt of the writ SIGNATURE of Authorized COSD Deputy or Clerk and Title 13. Date Received 14. Expiration/Hearing date
12. or complaint as indicated above. {CHRISTINA M. SILPY SECRETARY 9/20/04 10/10/04
15. 1 hereby CERTIFY and RETURN that a personally served, ?have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse)
?have posted the above described roperty w,tn the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual,
company, corporation, etc., at the address inserted below by handling/or Posting a TRUE and ATTESTED COPY thereof.
16. ? 1 hereby certify and return a NOT FOUND because I am unable :o locate the individual, company, corporation, etc., named above. (See remarks below)
17. Name and title of individual served 18. A person of suitable age and d
hen residing in the defendant's us
of a ode 0
19. Address of where served (complete only if differs than Shawn abova) (Street or RFD, Apartringi N¢1 City; Boro, Twp., 20. Date of Service
State and ZIP Code) ..
_ i
>G? ("??1. r?'? e'. / ?' ti? cCl• /??(?' /?rlr If/ ..l 77(1 22, ATTEMPTS Date Miles Dep. Int. Date Mlles Dep. Int. Date MIIe3 Dep. Int. Date Miles Dep, Int. Date
23. Advance Costs 24. 25. 26. 27. Total Costs 28. COST DUE
rf / A
AFFIRMED and subscribed to befolrejffa this
day 0
?1IDML3
MY COMMISSION E.3wG3 OFL Lou U I ACKNOWLEI)GBRA6ii r 9^1RTUP SIGNATURE
OF AUTHORI EEZD87
'By (S"ant Bep. Sheriff) (Please Print or Type
C L S R. ANKNEY
Sig to of SheriB
Cc lie . t., ,
SHERIFF OF CANTON COUNT
screuon
ual place I Read Order
-
21. Time
Miles Dep. Int.
i
OR REFUND
Date
?Date
39. Date Received
SHERIFF
SHERIFF'S RETURK OF SORME
( ) (1) The
upon __- the within named
defendant by mailing
by------ .-_ mail, return receipt requested, postage
prepaid, on the
a true and attested copy thereof at-__.
The return receipt signed ___-_--_.--
defendant on the _.-.. -is hereto attached and
made a part of this return.
( ) (2) Outside the Commonwealth, pursuant to Pa. RCP-405 (c) (i) (2), by mailing a true and
attested copy thereof at_
in the following manner
( } (a) To the defendant by ( } registered ( } certified mail, return receipt requested,
postage prepaid, addressee only on the _ -_ -___-_ _ _ -____. -,
said receipt being returned NOT signed by defendent, but with a notation by the
Postal Authorities that Defendant refused to accept the same. The returned
receipt and envelope is attached hereto and made part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with
the return address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15) days from the mailing date, I have not
received said envelope back from the Postal Authorities. A certificate of mailing
is hereto attached as a proof of mailing.
( ) (3) By publication in the Lock Haven Express, a weekly publication of general circulation
in the County of Clinton, Commonwealth of Pennsylvania, one time with publication
The affidavit from said Lock Haven Express is hereto attached.
( ) (4) By mailing _..-._-
by __ mail, return receipt requested, postage prepaid,
------------on the----- ---------- ------
a true and attested copy thereof at--,---
returned by the Postal
returned
Authorities marked
is hereto attached.
( ) (5) Other - -------- - - - -
LARRY BURKEY, Individually and as
Administrator of the ESTATE OF
RUTH M. BURKEY, Deceased,
V.
WARREN A. REID,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
No. 04-4087 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
STIPULATION OF THE PARTIES
It is stipulated by and between counsel that the Complaint would be amended
to change the first name of the Defendant from Warren to William and that the
caption read as follows:
LARRY BURKEY, Individually and as
Administrator of the ESTATE OF
RUTH M. BURKEY, Deceased,
Plaintiff
V.
WILLIAM A. REID,
Defendant
DATED: I)-/ 011
DATED: `2,1,-16 L/
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
No. 04-4087 Civil Term
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
Anerard C. Kramer, Esquire
Schmidt, Ronca 8s Kramer, P.C.
209 State Street
Harrisburg, PA 17101
(717) 232-63Q0
Attorney r laipy iff
chard B. Druby, EWuir
estico & Druby, LLP
840 E. Chocolate Avenue
Hershey, PA 17033-1213
(717) 533-5406
Attorney for Defendant
CERTIFICATE OF SERVICE
AND NOW, this /5? day of /?2004, I, Gerard C.
Kramer, Esq., hereby certify that I have this day served a true and correct copy
of the Stipulation of the Parties by depositing a copy of the same in the United
States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard B. Druby, Esquire
Nestico & Druby, LLP
840 E. Chocolate Avenue
Hershey, PA 17033-1213
By:
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
rard C. Kramer, Esquire
CC 11 "
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
i
i ..
. - Ar
I,AIZRY BURKEY. Individually and IN TI IE COURT OF COMMON PL ',AS OF
As Administrator ofthe ESTATE CUMBERLAND COUNTY
OF RUTI1 M. BURKEY, Deceased, PENNSYLVANIA
Plaintiffs,
V.
WILLIAM A. REID,
Defendant.
No. 04-4087 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Plaintiff
Gerard C. Kramer, Esquire
209 State Street
Harrisburg, PA 17101
You are hereby notified to plead to the enclosed Answer with New
Counterclaim within twenty (20) days from service hereof or a default of j
be entered against you.
Dated: 3 Z a
NESTICO, DRUW& HILDABRAND,
By:
Richard B. Druby,(EscGire
Attorney I.D. No. 904 /
840 East Chocolate Avenue
Hershey, Pennsylvania 17033
Tel: (717) 533-5406
Fax: (717) 533-5717
Attorney for Defendant
may
LARRY BURKEY, Individually and IN TI IL' COURT OF COMMON PI, sAS OF
As Administrator of the ESTATE CUMBERLAND COUNTY
OF RUTH M. BURKEY, Deceased, PENNSYLVANIA
Plaintiffs.
V.
No. 04-4087 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
WILLIAM A. REID.
Defendant.
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
in the following pages, you must take action within twenty days after this compl,
notice are served, by entering a written appearance personally or by attorney and
writing with the court your defenses or objections to the claims set forth against
are warned that if you fail to do so the case may proceed without you and a judgr
may be entered against you by the court without further notice for any money cla
the complaint or for any other claim or relief requested by the plaintiff. You may
money or property or other rights important to you.
.t forth
it and
ling in
u. You
mt
ied in
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO UO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPH NE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET EG.
HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4"" FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
NOTICA
LE F IAN DEMANDADO A USTED EN LA COURTS. Si usted quiere
defenderse de estas demandas cxpuestas en las paginas siquientcs, usted time vi to (20)
dins de plaza al partir de Ian fecha de la demanda y la notification. Usted debe cscntar
una apariencia escrita o en persona o por abogado y archival cn la torte cn form, scrita
sus defensas o sus objeciones a law demandas en contra de su persona. Sea avis' o que
si usted no se defiende, la torte tomara medidas y puede entrar una orden contra sled sin
previo aviso o notificacaion y per cualguier queja o alivio que es pedido en la pe cion de
demanda. Usted puede perder dinero o sus propiedades o otros dcrechos import, rtes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. NO
TIENE AGOGADO O SI NO TIENCE EL DINERO SUFICISNTE DE PAGAR AL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICI
CUYA DIRECCION SE ENCUENTRA ESCRITA ABA.1O PARA AVERIGU
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL, SERVICE
COURT ADMINISTRATOR
4... FLOOR. CUMBERLAND COUNTY COURTLIOUSE
CARLISLE, PA 17013
(717) 240-6200
LARRY BURKEY, Individually and IN THE COURT OF COMMON PL 7AS OF
As Administrator of the ESTATE CUMBERLAND COUNTY
OF RUTH M. BURKEY, Deceased. PENNSYLVANIA
Plaintiffs,
V.
WILLIAM A. REID,
Defendant.
No. 04-4087 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
1. After reasonable investigation, Defendant is without knowledge
information sufficient to form a belief as to the truth of the
they are, therefore, denied.
2. After reasonable investigation, Defendant is without knowledge
information sufficient to form a belief as to the truth of the
they are, therefore, denied.
3. After reasonable investigation, Defendant is without knowledge
information sufficient to form a belief as to the truth of the
they are, therefore, denied.
4. Denied. The parties have stipulated that the correct name of the
Defendant is William A. Reid.
5. Conclusion of law, to which no response is required. To the
response is required, the allegations of Paragraph No. 5 are
6. Conclusion of law, to which no response is required. To the
and
and
and
a
response is required, the allegations of Paragraph No. 6 are
7. Conclusion of law, to which no response is required. To the extet a
response is required, the allegations of Paragraph No. 7 are dcn
8. Conclusion of law, to which no response is required. To the extent a
response is required, the allegations of Paragraph No. 8 are
9. Conclusion of law, to which no response is required. If a respons? is
required, after reasonable investigation, Defendant is without
or information sufficient to form a belief as to the truth of the
and they are, therefore, denied.
10. Admitted in part and denied in part. It is admitted that the accidenji in
question took place on September 14, 2003 at approximately 8:281?.m. in
Enola, Cumberland County, Pennsylvania. The remaining allegations of
Paragraph 10 are denied.
11. After reasonable investigation, Defendant is without knowledge
information sufficient to form a belief as to the truth of the averm4ts and
they are therefore denied.
12. Denied as stated, It is admitted that William A. Reid was travelinAlsouth
on Enola Road in a pick-up truck owned by T.S. Seedor, near the
intersection of Dauphin Street and Enola Road.
13. Denied. Decedent, Ruth M. Burkey, suddenly and without warning and
in violation of the Motor Vehicle Code, proceeded into Mr. Reid's lane of
travel which thereby caused an accident to occur between the vehicles. As
for the remaining allegations of Paragraph 13, they are denied.
14. Denied. The allegations of Paragraph 14 are specifically denied
thereof is demanded.
.)roof
2
COUNTI
15. Paragraphs 1 through 14, above, are incorporated herein by
16. Conclusion of law, to which no response is required. To the extciilt a
response is required, the allegations of Paragraph No. 16, incl
Subparagraphs (a) through (h), are specifically denied.
17. Conclusion of law, to which no response is required. To the exteO a
response is required, the allegations of Paragraph No. 17 are
18. Conclusion oflaw, to which no response is required. To the exteol a
response is required, the allegations of Paragraph No. 18 are
19. Denied. The allegations of Paragraph 19 are specifically denied # proof
thereof is demanded.
20. Conclusion of law, to which no response is required. To the extcn? a
response is required, the allegations of Paragraph No. 20 are
21. Conclusion of law, to which no response is required. To the extenHa
response is required, the allegations of Paragraph No. 21 are
22. Conclusion of law, to which no response is required. To the extenlia
response is required, the allegations of Paragraph No. 22 are
23. Conclusion of law, to which no response is required. To the
response is required, the allegations of Paragraph No. 23 are
WHEREFORE, Defendant demands that Plaintiffs Complaint be dismissed with
prejudice, and that judgment be entered in his favor and against the Plaintiff, plus Ost of
this action.
3
COUNT 11
24. Paragraphs 1 through 23. above, arc incorporated herein by
25. Conclusion of law, to which no response is required. To the exte t a
response is required, the allegations of Paragraph No. 25 are deni d.
26. Conclusion of law, to which no response is required. To the cxtc t a
response is required, the allegations of Paragraph No. 26 are deni 1d.
27. Conclusion of law, to which no response is required. To the exte t a
response is required, the allegations of Paragraph No. 27 are
28. Conclusion of law, to which no response is required. To the extent a
response is required, the allegations of Paragraph No. 28 are
29. Conclusion of law, to which no response is required. To the extent a
response is required, the allegations of Paragraph No. 29 are
30. Conclusion of law, to which no response is required. To the extent a
response is required, the allegations of Paragraph No. 30 are
WHEREFORE, Defendant demands that Plaintiffs Complaint be dismis ed with
prejudice, and that judgment be entered in his favor and against the Plaintiff, plu cost of
this action.
NEW MATTER
31. Paragraphs 1 through 30 above are incorporated herein by
32. Plaintiffs claims are barred, in whole or in part, by the
Pennsylvania Motor Vehicle Financial Responsibility Law.
33. Plaintiff may have failed to mitigate his damages.
4
34. Defenses reserved pursuant to Pa.R.C.P. 1030(b) and all other do
not required to be pleaded are hereby reserved.
35. Plaintiffs claims are barred, in whole or in part, by any applicabl4 statute
of' Iimitations.
36. If the Plaintiff sustained damages as alleged, which is denied and???)f which
strict proof is demanded, the same were caused by persons or pares over
whom Defendant had no responsibility, authority or control.
37. At all times relevant hereto, Defendant operated his vehicle with
reasonable care and with due regard for the safety of persons and
38. The accident in question was solely and proximately caused by
negligence, carelessness, and recklessness of Plaintiffs Decedenji Ruth
M. 13urkey for reasons including, but not limited to, that she:
(a) Failed to maintain a proper lookout;
(b) Failed to operate her vehicle in a safe and prudent manner;
(c) Failed to obey the rules of the road regarding stop signs and y elding
the right of way in violation of 75 Pa.C.S.A. § 3323([3) and o er
applicable statutes and/or law;
(d) Failed to obey the rules of the road regarding turning in viola on of 75
Pa.C.S.A. §3334 and other applicable statutes and/or law:
(e) Failed to stop her vehicle before colliding with the
vehicle; and
(f) Failed to have her vehicle under proper and adequate control.
39. Defendant was faced with a sudden emergency created by
Decedent's negligence, and is therefore not liable for the
5
40. Plaintiff has failed to state a cause of action for which relief can
granted.
41. Plaintiff Larry I3urkcy, individually, has failed to state a cause of N
for which relief can be granted to him individually.
42. Plaintiffs Complaint has no basis in fact or in law.
43. Plaintiffs Complaint is arbitrary, vexatious, and without merit.
44. Defendant has incurred, and will continue to incur, cost and fees
defense of this matter.
45. Defendant is entitled to his costs and fees as a result of, among
the
reasons, Plaintiffs arbitrary and vexatious filing pursuant to 42 PO.S.C.A.
§ 2503, and other applicable law.
46. Additionally, Plaintiffs Complaint violates Pennsylvania Rule
Procedure 1023.1(c)(2) and (3).
WHEREFORE, Defendant demands that Plaintiffs Complaint be dismisged with
prejudice, and thatjudgment be entered in his favor and against the Plaintiff, plug cost of
this action. Moreover, Defendant demands that this Honorable Court order that Ilaintiff
be liable to pay Defendant's attorney's fees and costs, and award other
sanctions against the Plaintiff as justice may require.
COUNTERCLAIM
47. Paragraphs 1 through 46 above are incorporated herein by
48. Plaintiffs Complaint has no basis in fact or in law.
49. Plaintiff s Complaint is arbitrary, vexatious, and without merit.
50. Defendant has incurred, and will continue to incur, cost and fees i1b the
defense of this matter.
6
51. Defendant is entitled to his costs and fees as a result of, among
reasons, Plaintiffs arbitrary and vexatious filing pursuant to 42 11?.S.C.A.
§ 2503, and other applicable law.
52. Additionally, Plaintiff s Complaint violates Pennsylvania Rule o Civil
Procedure 1023.1(c)(2) and (3).
WI IEREFORE, Defendant demands that this 1 lonorable Court order tha Plaintiff
be liable to pay Defendant's attorney's fees and costs, and award other
sanctions against the Plaintiff asjustice may require.
Respectfully Su
NESTICO, DFWB/)V*7HILDABRAND,
By:
Richard B. Druby
Attorney I.D. # 61904
840 E. Chocolate Avenue
Hershey, PA 17033
Tel: 717-533-5406
Fax: 717-533-5717
Attorneys for Defendant
Date: 3 j ? )
7
VERIFICATION
I, William A. Reid, verify that the statements made in the foregoing docu?ient are
true and correct to the best of my knowledge, information and belief. I understaljk] that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 rel5ting to
unsworn falsification to authorities.
WILLIAM A. REID
Date:
8
CERTIFICATE OF SERVICE
1, Richard B. Druby, of the law firm of Nestico, Druby & I lildabrand, LL .
hereby certify that on the 7?Z day of March , 2005, a copy of the fort >ing
document was sent via First Class U.S. Mail, postage paid, to the
Gerard C. Kramer, Esquire
209 State Street
Harrisburg, PA 17101
Richard B.
r "' rn
N ? r?
71 . i.. Ti
(S
4 tL` -c
LARRY BURKEY, Individually and as
Administrator of the ESTATE OF
RUTH M. BURKEY, Deceased,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
V.
: No. 04-4087 Civil Term
CIVIL ACTION -LAW
WILLIAM A. REID,
Defendant
JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: William A. Reid, Defendant
c/o Richard B. Druby, Esquire
Nestico &, Druby, LLP
840 E. Chocolate Avenue
Hershey, PA 17033
You are hereby notified to plead the enclosed Preliminary Objections within
twenty (20) days from service hereof or a default judgment may be entered against
you.
Respectfully Submitted,
SCHMIDT, RONCA & KRAMER, P.C.
DATED: 4/8/05 $y
Oerard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
LARRY BURKEY, Individually and as
Administrator of the ESTATE OF
RUTH M. BURKEY, Deceased,
Plaintiff
V.
No. 04-4087 Civil Term
WILLIAM A. REID,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
PLAINTIFF'S PRELIMINARY OBJECTIONS
AND NOW, comes the Plaintiff, LARRY BURKEY, Individually and as the
Administrator of the Estate of RUTH M. BURKEY, Deceased, by and through his
attorneys, SCHMIDT, RONCA & KRAMER, P.C., and files Preliminary Objections in
accordance with Rule 1028(a)(2)(3) and (4) to the Counterclaim of the Defendant.
1. The above-captioned action is a wrongful death/ survival action arising
as a result of a fatal collision which occurred on September 14, 2003.
2. The Plaintiff filed suit on August 17, 2004.
3. The Defendant filed an Answer with New Matter and Counterclaim.
4. The Counterclaim impart starts as follows:
"48. Plaintiff's Complaint has no basis in fact or in law.
49. Plaintiffs Complaint is arbitrary, vexatious, and without merit.
50. The Defendant has incurred, and will continue to incur, cost and fees
in the defense of this matter.
51. Defendant is entitled to his costs and fees as a result of, among
other reasons, Plaintiffs arbitrary and vexatious filing pursuant to
42 Pa.S.C.A. Section 2503, and other applicable law.
52. Additionally, Plaintiff's Complaint violates Pennsylvania Rule of Civil
Procedure 1023.1(c)(2) and (3)."
5. The Counterclaim requests relief consisting of attorney's fees, costs, and
other appropriate sanctions.
6. The Counterclaim did not rise to the same transaction or occurrence as
the cause of action pled in the initial Complaint.
7. The Counterclaim does not plead facts that justify an award under Rule
2503 nor is it proper to request the same during the pendency of an action.
8. Defendant's request for sanctions under Pennsylvania Rule of Civil
Procedure 1023.1 (c)(2) and (3) requires twenty-eight (28) days written notice.
9. The Rule requires that the request for sanctions be in the form of a
motion.
10. The Defendant lacks specificity required of a motion under 1023.1.
WHEREFORE, the Plaintiff requests that the Preliminary Objections of the
Plaintiff be granted and the Counterclaim of the Defendant be dismissed.
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
Date: ? 5
By
erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
r
CERTIFICATE OF SERVICE
AND NOW, this U day of Z 2005, I, Gerard C.
Kramer, Esq., hereby certify that I have this day served a true and correct copy
of the Plaintiffs Preliminary Objections by depositing a copy of the same in the
United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard B. Druby, Esquire
Nestico 8s Druby, LLP
840 E. Chocolate Avenue
Hershey, PA 17033-1213
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
By:
erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
SCHMIDT, RONCA & KRAMER, P.C.
BY: GERARD C. KRAMER, ESQUIRE
I.D. #44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Fax No. (717) 232-6467
Attorneys for Plaintiff(s)
Pkramer(a,)srklaw com
LARRY BURKEY, Individually
and as Administrator of the
ESTATE OF RUTH BURKEY,
Deceased,
Plaintiff
V.
WILLIAM A. REID,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY COUNTY,
: PENNSYLVANIA
: No. 04-4087 Civil Term
CIVIL ACTION - LAW
: 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, Plaintiff certifies that:
(1) A Notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least twenty (20) days
prior to the date on which the subpoena is sought to be served;
(2) a copy of the notice of intent, including the proposed subpoena, is
attached to this certificate;
(3) no objection to the subpoena has been received; and
(4) the subpoena which will be served is identical to the subpoena which is
attached to the notice of intent to serve the subpoena.
Respectfully Submitted,
SCHMIDT, RONCA & KRAMER, P.C.
BY X L?
?yerard C. Kramer
' Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
SCHMIDT, RONCA & KRAMER, P.C.
BY: GERARD C. KRAMER, ESQUIRE
Attorney 1, D, No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
ALL',mc;ys fui 1d liiii Jj
Otsrklaw corn
LARRY BURKEY, Individually
and as Administrator of the
ESTATE OF RUTH BURKEY,
Deceased,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY COUNTY,
PENNSYLVANIA
V.
WILLIAM A. REID,
Defendant
: No. 04-4087 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA
Plaintiff intends to serve a subpoena identical to the one that is attached to
this Notice. You have twenty (20) days from the date listed below in which to file
of record and serve upon the undersigned an objection to the subpoena. If no
objection is made, the subpoena may be served.
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
Z
Date:
By:
0erard C. Kramer, Esquire
I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
LARRY BURKEY, Individually
and as Administrator of the
ESTATE OF RUTH BURKEY,
Deceased,
Plaintiff
V.
WILLIAM A. REID,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY COUNTf,
PENNSYLVANIA
No. 04-4087 Civil Term
CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: EAST PENNSBORO POLICE DEPARTMENT
98 S. Enola Drive
Enola, PA 17025
Within twenty (20) days after service of this Subpoena, you are ordered by the
Court to produce the following documents or things at the law offices of SCHMIDT,
RONCA & KRAMER, P.C., 209 State Street, Harrisburg, PA 17101:
1. Any and all photographs, field notes, reports, etc. concerning
the accident investigation regarding Incident No. W0006384.
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:
Gerard C. Kramer, Esquire
209 State Street, Harrisburg, PA 17101
(717) 232-6300
Attorney I.D. No. 44715
Attorney for Plaintiff(s)
BY THE COURT:
DA'
Seal of the Court Prothonotary/Clerk, Civil Division
Deputy
CERTIFICATE OF SERVICE
AND NOW, this day of 2005 L C:,erard C.
Kramer, Esq., hereby certify that I have this day served a true and correct copy
of the Subpoena to Produce Documents or Things for Discovery Pursuant to
Rule 4009.22 by depositing a copy of the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard B. Druby, Esquire
Nestico & Druby, LLP
840 E. Chocolate Avenue
Hershey, PA 17033-1213
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
By:
Berard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
CERTIFICATE OF SERVICE
?L?
AND NOW, this day of 2005, I, Gerard C.
Kramer, Esq., hereby certify that I have this day served a true and correct copy
of the Certificate of Prerequisite to Service a Subpoena Pursuant to Rule
4009.22 by depositing a copy of the same in the United States Mail, postage
prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard B. Druby, Esquire
Nestico & Druby, LLP
840 E. Chocolate Avenue
Hershey, PA 17033-1213
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
7 By:
eraard C. Kramer
Attorney at Law
Attorney 1. D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
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SCHMIDT, RONCA & KRAMER, P.C.
BY: GERARD C. KRAMER, ESQUIRE
I.D. #44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Fax No. (717) 232-6467
Attorneys for Plaintiff(s)
ekramer(&,srklaw. corn
LARRY BURKEY, Individually
and as Administrator of the
ESTATE OF RUTH BURKEY,
Deceased,
Plaintiff
V.
WILLIAM A. REID,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY COUNTY,
: PENNSYLVANIA
No. 04-4087 Civil Term
CIVIL ACTION - LAW
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, Plaintiff certifies that:
(1) A Notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party at least twenty (20) days
prior to the date on which the subpoena is sought to be served;
(2) a copy of the notice of intent, including the proposed subpoena, is
attached to this certificate;
(3) no objection to the subpoena has been received; and
(4) the subpoena which will be served is identical to the subpoena which is
attached to the notice of intent to serve the subpoena.
Respectfully Submitted,
SCHMIDT, RONCA & KRAMER, P.C.
BY
erard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
SCHMIDT, RONCA & KRAMER, P.C.
BY: GERARD C. KRAMER, ESQUIRE
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorneys for Plaintiff(s)
Oasrklaw.com
LARRY BURKEY, Individually
and as Administrator of the
ESTATE OF RUTH BURKEY,
Deceased,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY COUNTY,
: PENNSYLVANIA
V.
WILLIAM A. REID,
Defendant
: No. 04-4OS7 Civil Term
: CIVIL ACTION -LAW
: JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENA
Plaintiff intends to serve a subpoena identical to the one that is attached to
this Notice. You have twenty (20) days from the date listed below in which to file
of record and serve upon the undersigned an objection to the subpoena. If no
objection is made, the subpoena may be served.
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
By:
"Gerard C. Kramer, Esquire
I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Date: 7/oS? Attorney for Plaintiffs
LARRY BURKEY, Individually
and as Administrator of the
ESTATE OF RUTH BURKEY,
Deceased,
Plaintiff
V.
WILLIAM A. REID,
Defendant
: IN THE COURT OF COMMON PIEAS
: CUMBERLAND COUNTY COUNTY,
: PENNSYLVANIA
No. 04-4087 Civil Term
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: RECORDS CUSTODIAN, HOLY SPIRIT HOSPITAL
502 N. 21sT STREET, CAMP HILL, PENNSYLVANIA 17011
Within twenty (20) days after service of this Subpoena, you are ordered by the
Court to produce the following documents or things at the law offices of
SCHMIDT, RONCA & KRAMER, P.C., 209 State Street, Harrisburg, PA 17101:
1. Any and all records regarding William Reid of RR 2, Box 336-C,
Sunbury, Pennsylvania 17801 for an admission on or about
September 14, 2003.
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:
Gerard C. Kramer, Esquire
SCHMIDT, RONCA & KRAMER, P.C.
209 State Street, Harrisburg, PA 17101
(717) 232-6300
Supreme Court I.D. #: 44715
Attorney for Plaintiff(s)
BY THE COURT:
DATE. ns
Seal oft e Court
Prothonotary/ Clerk,
Civil-O vision
Deputy
CERTIFICATE OF SERVICE
AND NOW, this day of ((/y? 2005, I, Gerard C.
Kramer, Esq., hereby certify that I have this day served a true and correct copy
of the Notice of Intent to Serve Subpoena to Records Custodian of Holy
Spirit Hospital by depositing a copy of the same in the United States Mail,
postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard B. Druby, Esquire
Nestico &, Druby, LLP
840 E. Chocolate Avenue
Hershey, PA 17033-1213
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
By:
Gerard C. Kramer
Attorney at Law
Attorney 1. D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
LARRY BURKEY, Individually
and as Administrator of the
ESTATE OF RUTH BURKEY,
Deceased,
Plaintiff
V.
WILLIAM A. REID,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY COUNTY,
PENNSYLVANIA
: No. 04-4087 Civil Term
: CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: RECORDS CUSTODIAN, HOLY SPIRIT HOSPITAL
502 N. 21ST STREET, CAMP HILL, PENNSYLVANIA 17011
Within twenty (20) days after service of this Subpoena, you are ordered by the
Court to produce the following documents or things at the law offices of
SCHMIDT, RONCA 86 KRAMER, P.C., 209 State Street, Harrisburg, PA 17101:
1. Any and all records regarding William Reid of RR 2, Box 336-C,
Sunbury, Pennsylvania 17801 for an admission on or about
September 14, 2003.
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:
Gerard C. Kramer, Esquire
SCHMIDT, RONCA & KRAMER, P.C.
209 State Street, Harrisburg, PA 17101
(717) 232-6300
Supreme Court I.D. #: 44715
Attorney for Plaintiff(s)
DATE.,2QOS
Seal of the Court
BY HE COURT-
L"Z'- 2 - , -
Prothonotary/Clerk, 6ivil-Ij vision
Deputy
CERTIFICATE OF SERVICE
AND NOW, this?223 day of, 2005, I, Gerard C.
Kramer, Esq., hereby certify that I have this day served a true and correct copy
of the Certificate of Prerequisite to Service of a Subpoena Pursuant to Rule
4009.22 to Holy Spirit Hospital by depositing a copy of the same in the
United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Richard B. Druby, Esquire
Nestico & Druby, LLP
840 E. Chocolate Avenue
Hershey, PA 17033-1213
Respectfully submitted,
SCHMIDT, RONCA & KRAMER, P.C.
By:
?"! rard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
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EXEC 2 0 2005
LARRY BURKEY, Individually and as IN THE COURT OF COMMON PLEAS
Administrator of the ESTATE OF CUMBERLAND COUNTY,
RUTH M. BURKEY, Deceased, PENNSYLVANIA
Plaintiff
No. 04-4057 Civil Term
V.
WILLIAM A. REID,
CIVIL ACTION -LAW
Defendant : JURY TRIAL DEMANDED
ORDER
AND NOW, this Z/ ` day of 20°s , it is hereby ORDERED and
DECREED that Plaintiff in the above titled action be permitted to depose Defendant,
William A. Reid, who is currently incarcerated as provided in Pa. R.C.P. 4007.2(d),
and the deposition sh uAd-take place at the Clinton County Correctional Facility.
te? a..d cs.d%? a-V s't`'u BY THE COURT:
ZE-.110 (ZOASM
iilOiJ 1Ccd I1 10
LARRY BURKEY, Individually and
As Administrator of the ESTATE
OF RUTH M. BURKEY, Deceased,
Plaintiffs,
V.
WILLIAM A. REID,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
No. 04-4087 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
STIPULATION REGARDING DEFENDANT'S COUNTERCLAIM
The Parties, by and through their counsel, hereby agree and stipulate as follows:
1. Defendant, as part of his Answer, filed a counterclaim seeking attorney's fees and
costs pursuant to 42 Pa.C.S. A. § 2503 and otherwise.
2. Defendant agrees to withdraw this counterclaim, without prejudice, contingent
upon the parties' agreement that the withdrawal of the counterclaim in no manner extinguishes,
releases, waives or otherwise disposes of Defendant's claim for counsel fees and costs.
3. The Parties agree that Defendant's claims raised in his counterclaim are preserved
in order to be raised no later than 30 days from the conclusion of this action.
4. Consequently, based upon the foregoing understanding, Defendant agrees to withdraw
his counterclaim at this time.
Respectfully submitted,
HILDABRAND,LLP
By:
Richard B. Druoy, FAquiro
Attorney I.D.N 1904
840 East Chocolate Avenue
Hershey, PA 17033
(717) 533-5406
Attorney for Defendant
SCHMIDT, RONCA & KRAMER, P.C.
By:
Gerard C. Kramer, Esquire
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
M1]
co
,
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' t.0
LARRY BURKEY, Individually and
As Administrator of the ESTATE
OF RUTH M. BURKEY, Deceased,
Plaintiffs,
V.
WILLIAM A. REID,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
No. 04-4087 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND NOW, this day o?, 2005, upon consideration of the attached
_ A7- Stipulation of Counsel regarding Defendant's counterclaim, the Stipulation is hereby approved
and adopted as an Order of this Court. Accordingly, Defendant's claims for counsel fees and
costs pursuant to 42 Pa.C.S.A. §2503, and otherwise, are preserved for a period of thirty (30)
days after the conclusion of the within matter.
BY THrF C'OUR .
-1
A._ J. KEVInJ fl. h4asS
t"9 h i :Z Hj OC ;1: 0 "OOZ
r-
LARRY BURKEY, Individually and As
Administrator of the Estate of RUTH M. BURKEY,
Deceased
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-4087 CIVIL TERM
CIVIL ACTION - LAW
WILLIAM A. REID
Defendant
: JURY TRIAL DEMANDED
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of the undersigned as counsel for Defendant, William A. Reid, in the
above-captioned case.
R Y & LDABRAND, LLP
B/NESTI
B. Druby, Esq ire
04
t Chocolate Avenue
Hershey, PA 17033
...........................................................................................
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned as counsel for Defendant, William A. Reid, in the
above-captioned case.
MARSHALL DENNEHEY
WAR LEMAN & GOGGIN
By:
C opher M. Reeser, Esquire
Attorney for Defendant
I.D. 73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3509
r,
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN
By: Christopher M. Reeser, Esquire
ID #73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
717-651-3509
Our File No. 16235-00113
Attorney for Defendant
LARRY BURKEY, Individually and As
Administrator of the Estate of RUTH M.
BURKEY, Deceased
Plaintiff
VS.
WILLIAM A. REID
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 04-4087 CIVIL TERM
: CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on November 17, 2006, I served a copy of Defendants Entry of
Appearance via First Class United States mail, postage prepaid as follows:
Gerard C. Kramer, Esquire
Schmidt Rona & Kramer, PC
209 State Street
Harrisburg, PA 17101
Attorney or Plaintiff
Christopher M. Reeser
C i y,
Marshall Dennehey Warner Coleman & Goggin
By: Christopher M. Reeser, Esquire
ID# 73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
717-651-3509
Our File No. 16235-00113
Attorney for Defendant
LARRY BURKEY, Individually and As
Administrator of the Estate of RUTH M.
BURKEY, Deceased
Plaintiff
VS.
WILLIAM A. REID
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 04-4087 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Gerard C. Kramer, Esquire
Schmidt Rona & Kramer, PC
209 State Street
Harrisburg, PA 17101
Attorney or Plaintiff
You are hereby notified to plead to the enclosed Answer with New Matter within twenty
(20) days from service hereof or a default judgment may be filed against you.
Respectfully submitted,
MARSHALL DENNEHEY
WARNE EMAN & GOGGIN
Dated: December 5, 2006 By:
Christopher M. Reeser, Esquire
Attorney for Defendant
I.D. 73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3509
Marshall Dennehey Warner Coleman & Goggin
By: Christopher M. Reeser, Esquire
ID# 73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
717-651-3509
Our File No. 16235-001.13
Attorney for Defendant
LARRY BURKEY, Individually and As
Administrator of the Estate of RUTH M.
BURKEY, Deceased
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 04-4087 CIVIL TERM
: CIVIL ACTION - LAW
WILLIAM A. REID
Defendant
JURY TRIAL DEMANDED
DEFENDANT'S AMENDED ANSWER WITH NEW MATTER
RE: PIGA OFFSET
47. Paragraphs 1-46 of Defendant's Answer with New Matter and New Matter
pursuant to Pa.R.C.P. 2252(d) filed on or about March 23, 2005 is incorporated herein by
reference as if set forth ex length.
48. At the time of the motor vehicle accident which is the subject of this lawsuit,
Defendant William A. Reid was operating a motor vehicle owned by Theodora Seedor, which
was insured under a policy of insurance issued by Shelby Casualty Insurance Company.
49. Defendant William A. Reid has been provided a defense in this case under the
same policy of insurance issued by Shelby Casualty.
50. On August 1, 2006, the District Court of Travis County, Texas entered an Order
of Liquidation with a finding of insolvency against Shelby Casualty Insurance Company
effective August 1, 2006, staying this action for 90 days.
51. A copy of the August 1, 2006 District Court of Travis County, Texas Order is
attached hereto as Exhibit A. As a result of the August 1, 2006 Order of Liquidation, the
provisions of 40 P.S. §991.1817(a) apply to Plaintiffs' claims.
52. Plaintiffs ;3tre required to exhaust all rights under any insurance policy, including
but not limited to claims under accident and health insurance, uninsured motorist, underinsured
motorist, worker's compesnsation, Blue Cross and Blue Shield, and all other coverages except for
policies of an insolvent insurer.
53. Upon information and belief, certain of Plaintiffs' bills for which recovery is
sought in this action were paid or are payable under accident and health insurance, Blue Cross
and Blue Shield, worker's compensation insurance, automobile insurance or other insurance.
54. Plaintiffs' recovery under all other insurance reduces any amount payable by the
Pennsylvania Property and Casualty Insurance Guaranty Association (PIGA) and, to the same
extent, Plaintiffs' claims against Defendant are also reduced.
WHEREFORE, Defendant demands judgment in his favor.
MARSHALL DENNEHEY
=er & GOGGIN
By:
, Esquire
A ttorney for Defendant Lang
I.D. 73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
Dated: December 5, 2006 (717) 651-3509
EXHIBIT A
Page 1 of II
Cause No. D-t-GN-06-002366
THE TEXAS DEPARTMENT
OF INSURANCE
Plaintiff
V.
VESTA FIRE TNSUAANCE
CORPORATION et al.,
Defendants
§ IN THE DISTRICT COURT OF
§
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TRAVIS COUNTY, TEXAS
§ .9 -
§ P
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§
§
126th JUDICIAL DISTRICTtit`
Wo
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2001
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O m
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ORDER APPOINTING LIQ(JIDATOR
AND PERMANENT INJUNCTION
On this day, the Court heard the Application for Order of Liquidation filed by the
Commissioner of Insurance for the State of Texas (the "Commissioner"), in his capacity as
Rehabilitator of Defendants. The Application requests an order placing Defendants into
liquidation pursuant to TEX. INS. CODE §21A.151 et seq, and appointing the Commissioner as
Liquidator (the "Liquidator"). The Application also requests a Permanent Injunction pursuant to
Trx INS. CODE §21A.008(a), enjoining Defendants and their agents from conducting
Defendants' business, and enjoining other parties from taking any actions against Defendants or
their property. The Rehabilitator appeared by and through his counsel of record, and requested
that Vesta Fire Insurance Corporation, Shelby Casualty Insurance Company, The Shelby
Insurance Company, 'texas Select Lloyds Insurance Company and Select Insurance Services, Inc.
be placed into liquidation, and that Vesta Insurance Corporation remain in rehabilitation.
1. FINDINGS
Having considered the Rehabilitator's Application, the evidence and arguments of
counsel, the Court finis as follows:
1.1 The Court has jurisdiction over the parties and the subject matter of this action.
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Page 2 of II
la 002
1.2 Grounds exiil to place Vesta Fire Insurance Corporation, Shelby Casualty Insurance
Company, The Shelby Insurance Company, Tcxas Select Lloyds Insurance Company and
Select Insurance Services, Inc. (collectively, the "Liquidated Defendants") into
liquidation under TEX. INS. CODE §21A.057. These grounds include, but are not limited
to, the finding that the Liquidated Defendants are insolvent as defined in TEX. INS. CODE
21 A.004(a)(13).
1.3 Pursuant to TEX. INS. CODE §21A.151, the Commissioner shall be appointed as
Liquidator of the Liquidated Defendants,
1.4 Grounds exist to continue the rehabilitation of Vesta Insurance Corporation and the
Commissioner's appointment as Rehabilstator of Vesta Insurance Corporation.
1.5 The Commissioner, as Rehabilitator or Liquidator, as applicable, is vested by operation of
law with titl,- to all of such Defendants' property as defined in TEX. INS. CODE,
$21A.004(a)(20). Such property shall include property of any kind or nature, whether
real, personal, or mixed, including but not liznited to money, funds, cash, stock, bonds,
account deposits, statutory deposits, special deposits, contents of safe deposit boxes,
funds held in. share accounts or trust accounts, retainages and retainers, letters of credit,
real estate, fixtures, furniture, equipment, books, records, documents and insurance
policies, intellectual property, computer software and systems, information technology,
internet domain names, patents and intangible assets, whether owned individually, jointly,
or severally, wherever located, and all rights, claims or causes of action belonging to such
Defendants, A-hethcr asserted or not, including but riot limited to accounts receivable,
notes, premiums, subrogation, insurance and reinsurance proceeds, and all licenses held
by such Dcfcadants (collectively, "Defendants' Property"). The title to Defendants'
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Page 3 of II
Ca 003
Property shall extend to all items owned by Defendants, regardless of the name in which
such items are held.
1.6 Defendants turd their agents shall be required to cooperate with the Rehabilitator or
Liquidator, as applicable, pursuant to TEx. INS. CODE §21A.010.
1.7 It is necessare for this Court to issue a permanent injunction pursuant to TEX. INS, CODE
§21 A.008(a) to carry out the provisions of TEX. INS, CODE ANN. Chapter 21 A, and
prevent irreparable injury, loss and damage to the general public and Defendants'
creditors. A necessity exists w enforce the provisions of TEX,1NS. CODE Chapter 21A by
enjoining Defendants and their agents from conducting Defendants' business, except as
authorized by the Rehabilitator or Liquidator, as applicable; enjoining financial
institutions or depositories from taking any actions in connection with Defendants'
property, except as directed by the Rehabilitator or Liquidator, as applicable; and
enjoining all claimants or creditors from asserting claims or causes of action against
Defendants, except as permitted by TEX. INS_ COME ANN. Chapter 21A,
1.8 Pursuant to TEx. INS. CODE §21A,008(c), a stay remains in effect with respect to actions
against Defendants or their property. In accordance with TEx. Iris. CODE §21 A.008(f),
such stay of a,ations against Defendants is in effect for the duration of this proceeding, and
the stay of actions against Defendants' property is in effect for as long as the property
belongs to the receivership estate.
1.9 Pursuant to 'n:-;X. INS. CODE §21A.008(d), a stay remains in effect with respect to actions
against insurols Covered under policies of insurance issued by Defendants. Such stay is
in effect for 00 days after the date of the Agreed Order Appointing Rehabilltator and
Permanent lniuncrion, or such further Nme as ordered by this Court.
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Page 4 of II
Mona
t.10 Defendants have been provided %Nith proper notice of the Rehabilitators' application as
provided in TEX. INS. CODE §21A.007.
ti. APPOINTMENT OF LIQUIDATOR
IT IS ORDERED that the Commissioner is appointed as Liquidator of the Liquidated
Defendants, and granted the following duties and powers:
2.1 The Liquidator is granted and given all powers and authority under TEX. Iris. CODE
Chapter 21A, and any and,all other powers and authority under applicable statutes and the
common law of this State.
21 The Liquidator is authorized to conduct the Liquidated Defendants` busittess, administer
the Liquidated Defendants' operations, and enter into any contracts necessary to perform
the Liquidato-'s duties, at his discretion, pursuant to TEX. INS. CODE §21A.154(a).
2.3 Pursuant to TEX. INS. CODE §21A.151, title to all of the Liquidated Defendants' Property,
including but not limited to all the assets and rights described in this Order Appointing
Liquidator and Permanent Injunction, is vested in the Liquidator. The Liquidator is
authorized to take control and possession of the Liquidated De&ndants' Property,
wherever located, and remove all such property from such Defendants' premises,
2,4 The Liquidator is vested wrath all of the Liquidated Defendants' rights as the customer of
any bank, financial institution or other depository. The Liquidator is authorized to
withdraw the :liquidated Defendants' Property from any such entity or any state or federal
agency, or cor tinue the operation of any accounts of Defendants, at his discretion.
2.5 Pursuant to TEX. INS. COME §21A.154, the Liquidator has all the powers of the
Liquidated Defendants' directors, officers, and managers, and the authority of such
directors, officers, and managers is suspended, except as permitted by the Liquidator.
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Page 5 of 1 I
The Liquidator is authorized to supervise, suspend, terminate, or dismiss any kir all of the
directors, officers, managers, employees or agents of the Liquidated Defendants, or retain
such persons at his discretion, and compensate them as he deems necessary from the
Liquidated Defendants' funds.
2.6 The Liquidator is authorized to retain any profmional, administrative, and clerical
services as hc, deems necessary pursuant to TEX. INS. CODE §21A.154. The Liquidator is
further authorized to set the compensation of such persons, and pay for such services
from the Liquidated Defendants' funds pursuant to TEX INS. CODE §21A.015(e).
2.7 The Liquidator is authorized to receive, collect, control, open and review all mail
addressed to or intended for the Liquidated Defendants.
2.8 The Liquidator is authorized to file, prosecute, defend, or settle any action as he deems
necessary, int:luding any action to enforce the provisions of this order.
2.9 The Liquidator is authorized to exclude any person from any property owned, ]cased or
occupied by tee Liquidated Defendants, at his discretion.
2.10 The Liquidator is authorized to assume or reject any contracts to which the Liquidated
Defendants we a party at his discretion pursuant to TEX. INS. CODE §21A.013.
2.11 The Liquidator is authorized to pay benefits under workers compensation policies as
provided in TEX, INS. CODE §21A.302.
2.12 The Liquidator is authorized to take any action to effectuate any transactions that have
been initiated by the Rchabilitator to transfer policies of insurance under TFx. INS. CODE
§21 A.102, and may transfer such policies pursuant to TEX. INS. CODE §21 A. 154(h).
2.I3 pursuant to TEX. INS. CODE §21A.008(m), the Commissioner is not required to file a
bond.
IZ O05
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Q006
2.14 In the event a successor is appointed to be the Commissioner, the successor shall become
the Liquidator upon his appointment as Commissioner, and the former Commi.%6oner
shall be discharged as Liquidator as a matter of law.
2.15 The Liquidator has authorized James A. Guillot, Conservator for the Texas Department of
Insurance, tcl act on his behalf A Special deputy appointed under TEx. INS. CODE
§2IA.1Q2(a) shall also have all the rights and powers of the Liquidator, subject to any
limitations imposed by the Liquidator.
fit. PERMANENT INJUNCTION
It is FURTHER ORDERED that the Clerk of this Court shall issue a Permanent
injunction against the persons and entities named below, with the following force and effect:
TO; De rtdat is WA their wants. including but n Qt limited to:
Dcferidants and their current and former officers, trustees, directors
and underwriters (including but not limited to David W. Laceficld,
C, David Emery, Stephen F. Russell, Russell K, Crouch, Danny E
Lafk(, Michuel W, Peters, C. Ray Smith, IN, Fred. H. Wright,
Robert J. McLaughlin, Jr., John W. McCullough, George M. Orin,
Ronald A. Deep, Martha Etta Joiner, Bobby L. ?Nolen, Notmar? W.
Gayle, 111, and Donald W, Thornton), owners (including but not
limited to Vesta Insurance Group, Inc.), affiliates (including but
not limited to J. Gordon Gaines, Inc.), managers, employees,
agent:;, servants, representatives, attorneys, adjusters and other
persons or entities acting on behalf of the Liquidated Defendants;
fin jal,institutions, indtiding but. notlirnited to:
any and all banks, savings and loan associations; trust companies;
credit unions; welfare trusts; or any other finarteiai or depository
institutions in the possession of any of Defendants' Property-, and
AU.pjaer parties. including but not limited tQ:
policyholders, creditors, claimants, reinsurers, intermediaries,
attorn -,ys and all other persons, associations, corporations, or any
other legal entities asserting claims or causes of action against
Defendants, or in possession of any of Defendants' Property, and
the United States postmaster.
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Each of you are hereby RESTRAINED and ENJOINED from taking any and all of the
following actions:
3.1 going, operating, or conducting Defendants' business under any charter, certificate of
authority, licrose, permit, power or privilege belonging to or issued to Defendants, or
exercising any direction, control, or influence over Defendants' business, except through
the authority of die Rehabilitator or Liquidator, as applicable, or his designees;
3.2 Transacting any business of Defendants in any manner except through the authority of the
Rehabilitator or Liquidator, as applicable, or his'designees;
3.3 Using, releasing, transferring, selling, assigning, canceling, hypothecating, withdra%ving,
allowing to be withdrawn, offsetting, asserting ownership of, or removing from this
Court's jurisdiction or from Defendants' place of business, any of Defendants' property
or any other property purchased by Defendants, or any items into which such property has
been transferred, deposited or placed, except through the authority of the Rehabilitator or
liquidator, w applicable, or his designees;
3.4 Wasting, disposing of, converting, dissipating, or concealing, in any manner, any of
Defendants' 11roparty;
3.5 Doing anythitg, directly or indirectly, to prevent the Rehabilitator or Liquidator, or, his
designees, from gaining access to, acquiring, examining, or investigating any of
Def'endants' flroperty or any other property, books, documents, records, or other materials
concerning Mfcndants' business, under whatever name they may be found;
3.6 Obstructing or interfering, in any way with the conduct of this proceeding or any
incidental investigation as prohibited by TFx. INS. CODE §21 A.01 0(b),
Z007
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• Page 8 of 11
3.7 Intervening in this proceeding for the purpose of obtaining a payment from the
receivership (:state of the Defendants as prohibited by TEx- INS. CODE X21 A.005(i),
M Making any claim, charge or offset, or commencing or prosecuting any action, appeal, or
arbitration, including administrative proceedings, or obtaining any preference, judgment,
attachment, garnishment, or other lien, or making any levy against Defendants, their
property or any part themf, or against the Rehabilitator or Liquidator, as applicable,
except as permitted by TEX. INS. COM ANN, Chapter 21 A.
EACH OF YOU ARE FURTHER ORDERED to make available and disclose to the
R,ehabilitator or Liquidator, as applicable, or his designees, the nature, amount, and location of
any and all of the items listed above, including but not limited to Defendants' Property, and
immediately surrender all such property to the Rehabilitator or Liquidator, as applicable, or his
designees.
DEFENDANTS AND THEIR AGENTS ARE FURTHER ORDERED to cooperate with
the Rehabilitator or '-iquidator, as applicable, or his designees, as required by TEX INS. CODE
X21 &010(a),
IT 19 FU17THER (ORDERED that the United States Postmaster and any other delivery
services shall deliver to the Rehabilitator or Liquidator, as applicable, or his designees, any items
addressed to or intended for Defendants.
IV. CONTINUATION OF COVERAGE
4.1 All reinsurance contracts by which the Liquidated Defendants have assumed the
insurance obligations of another insurer arc canceled upon entry of this order pursuant to
TEX. INS. CODE § 21A.252(a).
Dons
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4.2 Pursuant to TEX. INS. CODE § 2 LA.I 52(b), all policies, insurance contracts, surety bonds
or surety undertakings of the Liquidated Defendants in effect at the time of issuance this
order, other than life insurance, health insurance or annuities, continue in force only until
the earlier of
(a) the date of the expiration of the policy;
(b) the date the insured has replaced or terminated the policy;
(c) August 24, 2006 at 12;01 a.m., the date and time of the Rehabilitator's
cance.lation of policies issued by all of the Defendants under the authority granted
in the Agreed Order Appointing Rehabilitator and Permanent Injunction pursuant
to Tii;c INS. CODE §21 A.I 02(b); or
(d) the date that the Liquidator has transferrod any policies pursuant to TEX. IN-&
CODE §21A.154(h). In this event, such policies will continue in force with
respect to the coverage provided by the insurer to which the policies are
transf,rred.
'fir, STAY OF PROCEEDINGS
5.1 An automatic stay remains in effect with respect to actions against Defendants or their
property as provided by TEX, INS. CODE §21 A.008(c). In accordance with TtX. INS.
CODE §21 A.008(f), such stay of actions against Defendants is in effect for the duration of
this proceeding, and the stay of actions against their property is in effect for as long as the
property belongs to the receivership estate.
5.2 M atftumatic stay remains in effect with respect to actions against a person insured by
Defendants as provided by TEX INS. CODE §21A.008(d). Such stay is in effect for 90
&as
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Page 10 of II
days of er the entry of the Agreed Order Appointing Rehabilitator and Permanent
Injunction, unless extended by this Court.
5.3 The stays in effect pursuant to TEX. INS. CODE §21A.008 shall be applicable to any
actions descri bed therein commenced either before or after the entry of this order.
VI. o fER ORDERS
6.1 Vesta Insurance Corporation shall remain subject to the Agreed Order Appointing
Rehabilitator and Permanent Injunction, and such order will continue in full farce and
effect with respect to Vesta Insurance Corporation. The Commissioner will continue to
act as Rehabilitator of Vesta Insurance Corporation.
6.2 This Order Appointing Liquidator and Permanent Injunction shall issue and become
effective immediately, and shall continue in full force and effect until the entry of an
order by this Court terminating this proceeding under TEX. INS. CODE §21 A.352.
6.3 Pursuant to TEX. INS. CODs: §21A.055(b), this Order Appointing Liquidator and
Permanent Ir junction constitutes a final judgment, provided that this Court shall retain
jurisdiction t(? issue further orders pursuant to Tcx. INs. CODE ANN. Chapter 2IA.
6A The terms of this Order Appointing Liquidator and Permanent Injunction shall not be
cr)nstrued to infringe upon the authority of any state insurance regulator in connection
with any of Defendants' af#iliate$ that are dornkilcd in other states.
6.5 Pursuant to nx. INS. COME y21A.007(e), the Liquidator may provide notice of any
application in the time periods prescribed in Rule 21(a) of the Texas Rules of Civil
Procedure if he determine;; that an expedited hearing is necessary. In accordance with
Znta
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Page II of II
TEx. Ns. COIF §21A,007(d), the Liquidator may provide notice of any application by
first class mail, electronic snail, or facsimile transmission, at his discretion.
6.6 The State of "T"exas and the Attorney General of Texas shall have a claim for reasonable
attorneys` fee:, and court costs pursuant to TEX, Crv, PRAC. & RF,M. CODE A:NN, §§ 64.051
and 66.003 arid TEX. GOVT CODE § 402.006, and the amount and payment of such claim
are subject to the provisions of Tc,x, INS. CODE ANN. Chapter 21A,
6.7 Anyone over the age of 18 whom is not a party to nor interested in the outcome of this
suit may serve all Citations, writs and notices in this cause.
Isr
day of
SIGNI~D at Austin, Travis County, Texas, on this the _ _I
?: 2006, at o'clock M.
taut
r ,
DISTRICT E PkESID?, P"
SUBMITTED
NO HEARING REQUIRED.
RECOMMEND
SIGNED ON DAY
TOM CO , REC ;IVEISHIP SPECIAL M ER
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Marshall Dennehey Warner Coleman & Goggin
By: Christopher M. Reeser, Esquire
ID# 73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
717-651-3509
Our File No. 16235-00113
Attorney for Defendant
LARRY BURKEY, Individually and As
Administrator of the Estate of RUTH M.
BURKEY, Deceased
Plaintiff
VS.
WILLIAM A. REID
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 04-4087 CIVIL TERM
: CIVIL ACTION - LAW
JURY TRIAL DEMANDED
STIPULATION
The parties do hereby stipulate and agree that Defendant's Answer with New Matter is
hereby amended consistent with the document attached hereto. Plaintiff shall have 20 days to
file a reply to Defendant's Amended New Matter.
SCHMIDT RONA & KRAMER, PC
By: By:
Gerard C. Kramer, Esquire
Attorney for Plaintiffs
209 State Street
Harrisburg, PA 17101
MARSHALL DENNEHEY
WARNE O MAN & GOGGIN
Ch ' er M. Reeser, Esquire
Attorney for Defendant Lang
I.D. 73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3509
Cy ?^
t. ' i
MARSHALL, DENNE;HEY, WARNER, COLEMAN & GOGGIN
By: Christopher M. Reeser, Esquire
ID #73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
717-651-3509
Our File No. 16235-00113
Attorney for Defendant
LARRY BURKEY, Individually and As
Administrator of the Estate of RUTH M.
BURKEY, Deceased
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 04-4087 CIVIL TERM
: CIVIL ACTION - LAW
WILLIAM A. REID
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on December 5, 2006, I served a copy of Defendant's Amended Answer
with New Matter Re: PI13A Offset via First Class United States mail, postage prepaid as
follows:
Gerard C. Kramer, Esquire
Schmidt Rona & Kramer„ PC
209 State Street
Harrisburg, PA 17101
Attorney or Plaintiff
Christopher M. Reeser
1 `t
;l *A
S
SCHMIDT KRAMER PC
By: Gerard C. Kramer, Esquire
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Fax No. (717) 232-6467
jzkramer(cschmidtkramer. com
Attorneys for Plaintiffs
LARRY BURKEY, Individually and as
Administrator of the ESTATE OF
RUTH M. BURKEY, Deceased,
Plaintiff
V.
WILLIAM A. REID,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
No. 04-4087 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S ANSWER TO DEFENDANT'S
AMENDED NEW MATTER RE: PIGA OFFSET
AND NOW, comes the Plaintiff, LARRY BURKEY, Individually and as the
Administrator of the Estate of RUTH M. BURKEY, Deceased, by and through his
attorneys, SCHMIDT KRAMER PC, and respectfully avers as follows:
47. Plaintiff incorporates Paragraph 1 through 46 of the Complaint.
48. Admitted based on documentation produced by Defendant.
49. Admitted.
50. Admitted.
51. Admitted.
4
11
52. Paragraph 52 states a conclusion of law to which no responsive
pleading is necessary.
53. Paragraph 53 states a conclusion of law to which no responsive
pleading is necessary.
54. Paragraph 54 states a conclusion of law to which no responsive
pleading is necessary.
WHEREFORE, the Plaintiff requests that the Amended Answer to New Matter
Re: PIGA Offset of the Defendant be dismissed and judgment be entered in favor of
the Plaintiff.
Respectfully submitted,
SCHMIDT KRAMER PC
Date: 1Z lL 0(10 By
)Kerard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
a,
ATTORNEY VERIFICATION
I, Gerard C. Kramer, Esquire, verify that I am attorney of record for the
Plaintiff. I verify that the facts contained in the foregoing document are true
and correct to the best of my knowledge, information and belief.
11
I understand that intentional false statements herein are made subject to the
penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities.
Date:/2 /?
C. Kramer, Esquire
CERTIFICATE OF SERVICE
AND NOW, this J2 -0- day of , 006, I, Gerard C.
Kramer, Esq., hereby certify that I have this day served a true and correct copy
of the Plaintiffs Answer to Defendant's Amended New Mater Re: PIGA
Offset by depositing a copy of the same in the United States Mail, postage
prepaid, at Harrisburg, Pennsylvania, addressed to:
Christopher M. Reeser, Esquire
Marshall Dennehey Warner Coleman & Goggin
4200 Crums Mill Road, Ste. B
Harrisburg, PA 17112
Attorney for Defendant
Respectfully submitted,
SCHMIDT KRAMER PC
By.
Gerard C. Kramer
Attorney at Law
Attorney I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiff
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SCHMIDT KRAMER PC
BY: GERARD C. KRAMER, ESQUIRE
I.D. #44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300 Attorneys for Plaintiff(s)
P-kramerna.sklaw.com
LARRY BURKEY, Individually
and as Administrator of the
ESTATE OF RUTH BURKEY,
Deceased, :
:
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY COUNTY,
PENNSYLVANIA
Plaintiff
V. No. 04-4087 Civil Term
WILLIAM A. REID, CIVIL ACTION - LAW
Defendant JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned action discontinued.
By:
Date:
Respectfully submitted,
SCB31MT KRAMER PC
,derard C. Kramer, Esquire
I.D. No. 44715
209 State Street
Harrisburg, PA 17101
(717) 232-6300
Attorney for Plaintiffs
I -
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN
By: Christopher M. Reeser, Esquire
ID #73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
717-651-3509
Our File No. 16235-00113
Attorney for Defendant
LARRY BURKEY, Individually and As
Administrator of the Estate of RUTH M.
BURKEY, Deceased
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 04-4087 CIVIL TERM
: CIVIL ACTION - LAW
WILLIAM A. REID
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on March 26, 2008, I served a copy of Praecipe to Discontinue via First
Class United States mail, postage prepaid as follows:
Gerard C. Kramer, Esquire
Schmidt Rona & Kramer, PC
209 State Street
Harrisburg, PA 17101
Attorney or Plaintiff
Jeffrey B. Rettig, Esquire
Johnson Duffie
301 Market Street
PO Box 109
Lemoyne, PA 17043-0109
Christopher M. Reeser
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