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Home My WebLink About12-2557 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA lot- ass? CjviI`TCIol No. 2012 Civil Action - (XX) Law ( ) Equity KELLY A. WHITEFIELD and RICHARD WILLIAM L. LEONARD ?., ? W. WHITEFIELD 2009 Dickenson Avenue ? 724 Riverview Drive Camp Hill, PA 17011 MW . Etters, PA 17319 r- ,n Z<> c r.") n Co versus ' Yy, Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. Writ of Summons Shall be issued and forwarded to (XX )Attorney W. Scott Hennina. Esauire 1300 Linglestown Road Harrisburg. PA 17108 (717) 238-2000 Name/Address/Telephone No. of Attorney Ue-7 - Signatur of A r e Supreme Court ID No. 32298 Date:= ` .#1o3.'7S PD PCIT'`/ c4a/-1? o e' a7YU8 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: / by Deputy HAS/HAVE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i:.$L Sheriff°` THE I?'QI`Q!A` Jody S Smith Chief Deputy 2012 MAY -7 PM 12:50 Richard W Stewart CU?'1?RL?1?lD COUNTY Solicitor PENNSYLVANIA Kelly A. Whitefield (et al.) Case Number vs. William L. Leonard 2012-2557 SHERIFF'S RETURN OF SERVICE 04/27/2012 05:12 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 27, 2012 at 1712 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: William L. Leonard, by making known unto himself personally, at 2009 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. W SHAL EPLITY SHERIFF COST: $43.00 May 02, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c;, CountySuite Sheriff. Teieas,e)ft. Inc ~~ fI j ~ ., 7 '`~ r` ` ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND CCIUNTY, PENNSYLVANIA KELLY A. WHITEFIELD and CIVIL ACTION - Ir4W RICHARD W. WHITEFIELD, NO.: 12-2557 Plaintiffs, PRAECIPE FOR SUBSTITUTION OF ~~ APPEARANCE WILLIAM L. LEONARD, (Jury 'Trial Demanded) Defendant. Filed on Behalf of Defendant Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire PA I.D. 72765 Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. Firm No. 911 The Gulf Tower, Suite 2400 707 Grant Street Pittsburgh, PA 15219 (412) 261-3232 #19513 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CC)UNTY, PENNSYLVANIA KELLY A. WHITEFIELD and CIVIL ACTION - ILAW RICHARD W. WHITEFIELD, NO.: 12-2557 Plaintiffs, v. WILLIAM L. LEONARD, Defendant. PRAECIPE FOR SUBSTITUTION OF APPEARANCE TO THE PROTHONOTARY: Kindly substitute the appearance of Jeffrey C. Catanzarite, Esquire, in place of the appearance previously entered by Stephen J. Summers, E:>quire, on behalf of the Defendant, William L_. Leonard, in the above case. JURY TRIAL DEMANDED Respectfully submitted, Su rs, McDonnetl, Nudock, t;uthrie Ske I, P.C. B Y _ Jeffre C. Catanzarite, Esquire Coun el for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of i:he within I'raecipe for Substitution of Appearance was served upon the following counsel of record on the 16th day of October, 2012, by U.S. First Class Mail„ postage prepaid: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Summers, McDonnell, Hudock, Guthrie & Skeel, ~. `~ By: ~ r Jeffrey C. tanzarite, Esquire Counsel f Defendant P i. . ~~ ~~~ ~ ~[)T~;fii~~t~ ri,+ ~~12 F~'7 -~ ~~ ~0~ ~~ ".'~1E~~.nt~D COt!`~T'I' PLN!~SYI.YANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY A. WHITEFIELD and CIVIL ACTION -LAW RICHARD W. WHITEFIELD, NO.: 12-2557 Plaintiffs, ANSWER AND NEW MATTER v. (Jury Trial Demanded) WILLIAM L. LEONARD, Filed on Behalf of Defendant Defendant. Counsel of Record for This Party: Jeffrey C. Catanzarite, Esquire T0: PLAINTIFFS PA I.D. 72765 r°~ are hereby notified to file a written rosponse to Summers, McDonnell, Hudock, Guthrie the encbsed Answer and New $~ Sk@@I, P.C. MatterwiH,lntwenty(2°) days tram service hereof Firm No. 911 nt may be entered against ~... The Gulf Tower, Suite 2400 ~ ~ 707 Grant Street SU RS, NNELL, HUDOCK, GUTHRIE Pittsburgh, PA 15219 & EL (412) 261-3232 9513 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY A. WHITEFIELD and CIVIL ACTION -LAW RICHARD W. WHITEFIELD, NO.: 12-2557 Plaintiffs, v. WILLIAM L. LEONARD, Defendant. ANSWER AND NEW MATTER Defendant, William L. Leonard, by and through his attorneys, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Jeffrey C. Catanzarite, Esquire, files the fol{owing Answer and New Matter: 1. AN ER 1. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1 and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 2 and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 3. Admitted. 4. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 4 and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 6 and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. It is admitted that the Defendant's vehicle attempted to make alert-hand turn onto North Front Street on the date, time and place in question. The remaining allegations of Paragraph 13 are denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 14. It is admitted that a collision occurred between the two vehicles on the date, time and place in question. The remaining allegations of Paragraph 14 are denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 15. The allegations of Paragraph 15 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 16. The allegations of Paragraph 16 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 17. The allegations of Paragraph 17 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. COUNTI NEGLIGENCE Kelly A. Whi~~ield v. William L. Leonard 18. Paragraphs 1 through 17 are herein incorporated by reference. 19. The allegations of Paragraph 19 and its subparts are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 20. The allegations of Paragraph 20 and its subparts are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, William L. Leonard, demands judgment in his favor. couNT II LOSS OF CONSORTIUM Richard W. Whii~fleid v. Wilfiam L. Leonard 21. Paragraphs 1 through 20 are herein incorporated by reference. 22. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 22 and therefore, said allegations are denied and strict proof thereof is demanded at the time of trial. 23. The allegations of Paragraph 23 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. 24. The allegations of Paragraph 24 are conclusions of law to which no response is required. To the extent that a response is necessary, said averments are generally denied pursuant to Rule 1029(d) and (e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, William L. Leonard, demands judgment in his favor. II. NEW MATTER 25. Paragraphs 1 through 24 are herein incorporated by reference. 26. The Plaintiffs' claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law and the Defendant asserts, as an affirmative defense, all rights, privileges and/or immunities accruing pursuant to said statute. 27. The Plaintiffs' claims are barred by the applicable statute of limitations. WHEREFORE, Defendant, William L. Leonard, demands judgment in his favor. JURY TRIAL DEMANDED Respectfully submitted, Summers, McDonnell, Hudock, Guthrie 8~rSiZ~tel, P.C. By: r Je C. Cat zarite, Esquire C sel for Defendant VERiFIDATION Defendant verifies that he is the Defendant in the fon~going action; that the foregoing ANSVI~R AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based .upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ~, / Date: ~Ci'a~` lob William L. Leonard, Defendant #19513 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Answer and New Matter was served upon the following counsel of record on the 6th day of November, 2012, by U.S. First Class Mail, postage prepaid: W. Scott Henning, Esquire Handier, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 McDonnell, Hudock, Guthrie P.C. By: ~ Jeffr C. Cat ante, Esquire Co sel for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA W. Scott Henning (PA 32298) Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph. 717.238.2000 Attorneys for Plaintiffs Fax 717.233.3029 henning@hhrlaw.com KELLY A. WHITEFIELD, and RICHARD W. WHITEFIELD, Plaintiffs, v. WILLIAM L. LEONARD, Defendant. NO.: 12-2557 CIVIL ACTION -LAW PLAINTIFFS' REPLY TO NEW MATTER .. - ~. -..fn ~rw.el , t ~ ,.~ I ~ , i , r>~~ .~ _,.W_.,iE~., AND NOW, comes the Plaintiffs, Kelly A. Whitefield and Richard W. Whitefield, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and responds to the Defendant's allegations of New Matter as follows: 25. Paragraph 25 is an incorporation paragraph to which no responsive pleading is required. 26. Denied. The allegation set forth in paragraph 26 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiffs acknowledge that they will be bound by any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law that the Honorable Court deems properly applicable to the subject cause of action. 27. Denied. The allegation set forth in paragraph 27 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiffs' claims are barred by the applicable Statute of Limitations, and proof to the contrary is demanded at the trial in this matter. WHEREFORE, Plaintiffs Kelly A. Whitefield and Richard W. Whitefield request the Honorable Court to enter judgment in their favor and against the Defendant, William L. Leonard, for the relief set forth in their Complaint. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Dated: f - /~? -~(~~`Y" 'b4t:`Scott Henni Supreme Court D 3 98 1300 Linglestown ad -Suite 2 Harrisburg, PA 17 10 (717)238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c1 W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification andJor because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that the Plaintiff was not available to execute the Verification so as to comply with the time deadline within which to file this document and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unswvrn falsification to authorities Date: /f ~~ ~Of ~- _ ,°,...~'"~. W. SCOTT HENNING, E UI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KELLY A. WHITEFIELD, and RICHARD W. WHITEFIELD, Plaintiffs, v. WILLIAM L. LEONARD, Defendant. NO.: 12-2557 CIVIL ACTION -LAW CERTIFICATE OF SERVICE On 12th day of November, 2012, I hereby certify that a true and correct copy of Plaintiffs' Reply to New Matter was served upon the following by depositing in U.S. Mail: Jeffrey C. Catanzarite, Esq. Summers, McDonnell, Hudock, Guthrie & Skeel, LLP Gulf Tower, Suite 2400 707 Grant St. Pittsburgh, PA 15219 HANDLER, HENNING & ROSENBERG, LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY A. WHITEFIELD and CIVIL ACTION — LAW RICHARD W. WHITEFIELD, Plaintiffs, v. WILLIAM L. LEONARD, Defendant. #19513 NO.: 12-2557 PETITION FOR APPOINTMENT OF ARBITRATORS (JURY TRIAL DEMANDED) Filed on Behalf of Defendant, William L Leonard Counsel of Record for this Par Jeffrey C. Catanzarite, Esquire PA ID. 72765 SUMMERS, MCDONNELL, HUDOCK & GUTHRIE, P.C. Firm #911 707 Grant Street Suite.2400,'GUlf Tower Pittsburgh, PA 15219 (412) 261-3232 am4 447: 13Laft, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kelly A. Whitefield and Richard W. Whitefield Plaintiff VS William L. Leonard Defendant ; No. 12-2557 CIVIL TERM RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jeffrey C. Catanzarite, Esquire , counsel. for .the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. Not in excess of the jurisdictional limits of Cumberland County 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: W. Scott Henning, Esquire, Handler, Henning & Rosenberg, LLP WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ly submitted, Je )'ey C. Catanzarite, Esquire ORDER OF COURT AND NOW, 20_, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. #19513 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Petition for Appointment of Arbitrators was served upon the following counsel of record on the 18th day of November, 2014, by U.S. First Class Mail, postage prepaid: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. Jeffre, JVCatanzarite, Esquire Cou lel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kelly A. Whitefield and Richard W. Whitefield Plaintiff VS William L. Leonard Defendant RULE 1312-1 following form: : NO. 12-2557 CIVIL TERM The Petition for Appointment of Arbitrators shall be substantially in the THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jeffrey C. Catanzarite, Esquire , counsel for ,the plaintiff/defendant in. the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ Not in excess of the jurisdictional limits of Cumberland County The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: W. Scott Henning, Esquire, Handler, Henning & Rosenberg, LLP WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND petition, Iy submitted, Jeey C. Catanzarite, Esquire ORDER OF COURT OW, Esq., and 4,o 9. / , 20/Y , in consideration of the foregoing Esq., and 94zne & captioned action (or actions) as prayed for. r�. Sol944- 4-lehh;,5 r ,off Se- re/ 67j46I �Glrr C51, Cop te_s 14,/t #19513 Esq., are appointed arbitrators in the above rn