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Home My WebLink About05-6667 : IN THE COURT OF COMMON PLEAS OF MICHAEL L. GUMBY, and BETH L. GUMBY, his wife, Plaintiffs v. CUMBERLAND COUNTY, PENNSYLVANIA 2005- (,JA;{ CIVIL TERM MYKHAYLO KUCHERAK and DURETS, INC., and EAST OTR TRANSPORTATION, INC., Defendants CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, MYKHAYLO KUCHERAK, DURETS, INC., and EAST OTR TRANSPORTATION, INC., and enter my appearance on behalf of the plaintiffs, Michael L. Gumby and Beth L. Gumby. Please direct the Sheriff to serve the defendant as follows: Mykhaylo Kucherak 750 Sanford Street, Apt. 103 Philadelphia, P A 19116 East OTR Transportation Goose Hill Road, Box 259 Jefferson, ME 04348 Ourets, Inc. 1435 Street Road Southampton, P A 18966 Respectfully submitted, By: . December 19, 2005 To: MYKHAYLO KUCHERAK, DURETS, INC., and EAST OTR TRANSPORTATION, INC. You are hereby notified that Michael L. Gnmby and Beth L. Gumby, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be enl\1red against you. ~~~ K (.1ft '\ " ~ .. ...,PR THONfJARY By: Date: !J1J.IA-,.~ fJ'\. 2005 DEPUTY ~ ~" ....J ~ vJ -0 '-,\0 .) \~ ",,---' <.:\ .. ~ - u' ~ ...!:. G\ ,:) ~ ~~:';) ~ ~ ,,_I 7",:- -.:~ ~., .' ":\- () '"" 0 = F~ co -n ""' C"..' g;:n ri-j " .. ('.) -orn :o? 0 "' <~~~ -n --::.- -'-i -;;... .>("''1 :'::;:,-fJ ~ ',J' :.:-, en ~J5 v~ -<. .." SHERIFF'S RETURN - OUT OF COUNTY CASE'NO: 2005-06667 P 'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GUMBY MICHAEL ET AL VS KUCHERAK MYKHAYLO ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KUCHERAK MYKHAYLO but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 20th , 2006 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelphia Postage 18.00 9.00 10.00 116.00 1.17 154.17 01/20/2006 MARCUS MCKNIGHT So ans?:. /' .~,"."?C::7 /~~~._-- R. ( Thomas Kl ine Sheriff of Cumberland County Sworn and subscribed to before me ,;((,9 day 1 of\..~ this ar SHERIFF'S RETURN - U. S. CERTIFIED I"lAIL CASE'NO: 2005-06667 P 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GUMBY MICHAEL ET AL VS. KUCHERAK MYKHAYLO ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,EAST OTR TRANSPORTATION by United States Certified Mail postage prepaid, on the 29th day of December ,2005 at 0000:00 HOURS, at GOOSE HILL ROAD BOX 259 JEFFERSON, ME 04348 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE 01/12/2006 on Additional Comments: Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 4.42 .00 10.00 .00 20.42 So answers~ , /.~~. .~,.:.:.?',.---. R. Thomas Kline Sheriff of Cumberland j County Paid by MARCUS MCKNIGHT on 01/20/2006 . Sworn ang subscri~d to before me this ').{, - day of(j~~ JMt A.~~~~ Pr0t ono~ SHERIFF'S RETURN - OUT OF COUNTY CASE. NO: 2005-06667 P 'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GUMBY MICHAEL ET AL VS KUCHERAK MYKHAYLO ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DURETS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 20th , 2006 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Dep Bucks County 6.00 9.00 10.00 48.00 .00 73.00 01/20/2006 MARCUS MCKNIGHT So answers: "--, "" "j / ~ CC"" "",>/-- R. Thomas Kline Sheriff of Cumberland County .-/ Sworn and subscribed to before me this "C-o ll, ~ day of Lrt )OO~~~t " . " .. ,. , In The Court of Common Pleas of Cumberland County, Pennsylvania Michael L. Gtm1by et al YS. Mykhaylo Kucherak et al SERVE: Mykhaylo Kucherak , No. 05-6667 civil N December 29. 2005 ow, , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~J'<=~ Sheriff of Cum berland County, P A Affidavit of Service Now, q,l~ ,204, at , o 'clock ~ M. served the I ~ ~~. within -~ (j TY) m 6--n .s upon h i k~'ll& \::0cl~~ at --=tSD 'S:I'\"-l-f~ ~ by handing to SJQ\ L~ ~ k vc.-l "< 'R-A- L . I . . '- , \ to. '"3> -~\~~ a copy of the original S UIV1 rnhiS and made known to hLv the contents thereof. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUSAN L ROSENFELD. Notary Public City of Philadelphia Phila County My Commission Explre~.0-,,!ch 11 2008 So answers, ~~.~... -~ --._~ r:-----:, ("). " " --~' <> ~(.:J ~I ~(c&;s~ ~ County, PA J'~..{-. Sworn and subscrib me this ~ day ~ COSTS SERVICE :MILEAGE AFFIDAVIT $ $ J ,In The Court of Common Pleas of Cumberland County, Pennsylvania Michael L. Gumby et al VS. Mykhaylo Kucherak et al SERVE: Durets Inc No. 05-6667 civil N DecEl11ber 29. 2005 ow, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. '~~~r!~.R Sheriff of Cumberland Couuty, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof, So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ BUCKS~~Y SHERIFF'S RETURN oc \ of \ Filed 12/2012005 Bucks Casc # 200630008 in CUMBERLAND COUNTY Rec'(t 1/3/2006 Special lnstructions Action Civil Action SUMMONS Plaintiff MICHAEL] GUMBY -Ys- Defendant DURETS INC 1435 STREET ROAD SOUTHAMPTON. PA 18966 Address Served if Different ~nder Pa. R.C.P. #402 _ (A) (i) Defendant per~onally served (A) (2) (il Family Member ~ (A) (2) (i) Adult in Cnargc ofResid~ncc _ {A} (2) (ij) Manager/Clerk at Deft's Lodging _ (A) (2) (iii) Person in Charge nf BUSifS _ i~ By Handling In ,;t1"; '7;:/lEtflll /J7It11l4/fJ6-/I) _ By Posting Not Served _ 30 Days Ran Out Defendant Moved Defendant Unknown Checked Post Ofticc _ Forwarding Address Defendant Not Home Address Vacant Deputy needs hetter address __ No Forwarding infonnation listed Pennsylvania. So answers: Iy Aftinncd and Subscribt;,xl before me on this day J / L' V C) i.e, ~tri.tx:l of. f/ ~L~. ~.. Prothontary , Aftinned and subscrihcd before me on this day ___.____ ____ _____ Notary Public My COIll. Exp _______ . -----------:b {-( 7. ("1 ICl~):3 //((7 1/3/06 1146 1001 BlIcks County Case # 200630008 Invoice to be mailed to CUMBERLAND County Sheriff's Office Atln: MARCUS A MCKNIGHT,IIl,ESQ Spc.:iallnstructions Notes <sp,;- ..-;' ! ,f/,tY ! '1'-// ... '" - - . - ' . I' .... /..., .... <H~~rFFS OFFICE - EDWARD J. DONNellY, SHERIFF ~~"7~~~T~~Y::' :t?~::"~ s....n 2'.1 1. 7 .:.f, r: ~ ': D(Y_'S~ \~I\.t PC 1~: .~ IJ'- '< S. .', t -.: [; C K ~ ii( ,(\ D f; 3 j!) 0 8 Lcc>rTI~.\: :'-.1 ,- C:'~U\,.~ (lASS: ASSUMPSn ***** SHERIFF-S DeTU~N OF SEqYICE ***** ';HrpT.f:='S CFFICE CU~e~Dlft~[ CCUN,y : CCURT~OlSE SQUAD= CA1l1SL~ FA 17 !3 ,TTN:MA,CUS ~ MCKNIGHT,I!I,E, Dt~INT!r= Gu~ey ~ICH~EL J vs. C:;::~NatNT [U'::"5 !43~ STQ~Fl POGD SCUTHIMA,ON, PA !NC 1 H66 12272"0. Cn~PlAINT - CIlTL ACTICN PEC2IlSD FFCM (UMaEPl~ND CO SHERIFFS CEPT PAG (1)3Z2 t P~C'IV'C I~ SHERIFF'S eFFIC= FC; SEPVICE. TRANSACTION '0t-l-C0f45 RAG AMeUNT P~IE $4E.~0. 11132"'~ SHERIFF'S RETURN, UNDER OA1H, FILED. CEPUry GI2Z! IT 12Z5P~. RAG SERV~D CEFFNDA~T(S) PURSUA~T TC PA.,.C.P. .4~2(q)(2)(I) . ,cRVEO DEFT OURFTS,INC BY rAN[I~G Te I"~NA ATA~AMFNKC(AI?) RAG )117Z~J" INVOICE ~AllEC TO eU~PERLA~O CC SHf,IFFS OfPT ~TTN:MARCUS ft ~C~N!GrT RAG , IlI,FS' TRANSACTION ~J~-1-OCQ4r. ''IE Dr CASE A. S. at~re I',/tv? Lhl,Agent , tUft a '1l"- UfLt~ . ti Addressee I}:. ReceiveP-Pi' (~rinted Name) CApat~ of De[i!.Iery fRJjA/ l/1ijH/!-IWC Lt'b If It .tJ>..(, D. Is delivery address different from item 1? 0 Yes [f YES. enter delivery address below: 0 No ) J-f 3 $' ;jf/-k'-<'". f Jc:P 9t ,;5vLl Kut,,",?h~ fPrjlJ ~k . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece. or on the front if space penn its. 1. Article Addressed to: Goose Hill Jefferson. 3. Service Type "Certified Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 0390 0003 2635 0432 05-6667 civil PS Form 3811 , February 2004 Domestic Return Receipt 102595-02"M-1540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL L. GUMBY Plaintiff Civil 2005-06667 v. JURY TRIAL DEMANDED KUCHERAK MYKHA YLO, DURETS, INC., AND EAST OTR TRANSPORTATION Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants Kucherak Mykhaylo, Durets,Inc., and East OTR Transportation in the above-captioned matter. RESPECTFULLY SUBMITTED: ~-^- Do s. Marcello ~ Marcello & Kivisto, LLC 1301 Commerce Ave. Carlisle, P A 17013 0: (717)240-4686 F: (717)258-4686 . CERTIFICATE OF SERVICE I certify that the foregoing document in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the .I?d day of f-J?..... , 200t> r Marcus McKnight, III, Esq. 60 W. Pomfret St. Carlisle, P A 17013 ~ -.-'1 ,) c '~, r' ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL L. GUMBY Plaintiff Civil 2005-06667 v. JURY TRIAL DEMANDED KUCHERAK MYKHA YLO, DURETS, INC., AND EAST OTR TRANSPORTATION Defendants RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule against Plaintiff to file a Complaint within 20 days or suffer a judgment non pros. RESPECTFULLY SUBMITTED: ") ~ . Marcello Ma 10 & Kivisto, LLC 1301 Commerce Ave. Carlisle, P A 17013 0: (717)240-4686 F: (717)258-4686 c RULE TO FILE A COMPLAINT TO THE PLAINTIFF: You are hereby directed to file a Complaint in the above-captioned matter 20 days or judgment non pros will be entered against you. DATE: S1e.pi- 9,;2Do1., CERTIFICATE OF SERVICE I certify that the foregoing document in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, P A on the 7TH day of September, 2006. Marcus McKnight, III, Esq. 60 W. Pomfret St. Carlisle, P A 17013 ~4 (J c.:.... r-.,) (':..:J C',) ...j ~ (/'J . -, >,._J ~. \ 1 I C~ -~ .-1 f.~-i :r= ,- ,'-j , ~ Cl') C) c:::> , MICHAEL L. GUMBY and I BETH L. GUMBY, his wif~, Plaintiffs : I I I I I I I I MYKHA YLO KUCHERA~ and DURETS, INC., and: : EAST OTR TRANSPORTATION, INC., : I Defendants: : I I I I I I I I I You have been sued if court. If you wish to defend against the claims set forth in the I following pages, you must t e action within twenty (20) days after this complaint, order and : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. 2005-6667 CIVIL TERM CIVIL ACTION - LAW NOTICE TO DEFEND notice are served, by enterin a written appearance personally or by attorney and filing in writing with the court your defenses r objections to the claims set forth against you. You are warned that if you fail to do so the c e may proceed without you and a judgment may be entered against you by the court without furt er money claimed in the complaint or for any other claim or relief requested by the plaintiff. Y u may lose money or property or other rights important to you. YOU SHOULD TAKE TH S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 0 CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BE OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. umberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common leas of Cumberland County is required by law to comply with the Americans with Disabilities Ac of 1990. For information about accessible facilities and reasonable accommodations available to di abled individuals having business before the court, please contact our office. All arrangements must e made at least 72 hours prior to any hearing or business before the court. You must attend the sch duled conference or hearing. 2 MICHAEL L. GUMBY an BETH L. GUMBY, his wi~ , Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2005-6667 CIVIL TERM MYKHAYLO KUCHERA and DURETS, INC., and EAST OTR TRANSPORT TION, INC., : Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, this 27t day of October 2006, come the Plaintiff, MICHAEL L. GUMBY and BETH L. GUMBY, his ife, by their attorneys, Irwin & McKnight, and makes the following Complaint against he Defendants, MYKHA YLO KUCHERAK and DURETS, SPORTATION, INC.: 1. The Plaintiffs are Mic ael L.Gumby and Beth L Gumby, his wife, who reside at 71 Mountain Street, Mt Holly S rings, Cumberland County, Pennsylvania 17065. 2. The Defendant is My aylo Kucherak, an adult individual who resides at 750 Sanford Street, Apartment 103, Phila elphia, Pennsylvania 19116. 3. The Defendant is Dur ts, Inc., a Pennsylvania Corporation with an address of 1435 Street Road, Southampton, Pennsyl ania 18966. 4. The Defendant is East OTR Transportation, with an address of Goose Hill Road, Box 259, Jefferson, Maine 04348. 3 5. On December 23,20 3, at approximately 6:30 p.m. the Plaintiff, Michael L. Gumby, was operating his 1992 Oldsmobi e 88 automobile. The Plaintiff was travelling northbound on the Route 11 known as the Carli Ie Pike in the passing lane in Silver Spring Township, Cumberland County, Pennsylvania. 6. The collision occurre as the Defendant, Mykhaylo Kucherak, was attempting to turn his tractor trailer around using th crossover in the median. The Defendant failed to stop at the stop sign and entered the southbo nd traffic flow of the Carlisle Pike. 7. The Plaintiff tried to void the collision by changing into the right lane but was sideswiped by the Defendant 8. The force of the impa t caused the Plaintiff s vehicle to travel off the right side of the roadway causing severe dam ge to the Plaintiffs' vehicle as well as to the Defendant's vehicle which spilled diesel fuel onto the roadway and in the vicinity of the Plaintiffs vehicle. 9. The force of the collis' on caused severe damage to the Plaintiff s vehicle, trapping the Plaintiff in his vehicle until h was extricated by the New Kingstown and Silver Spring fire companies. Both vehicles h d to be towed from the scene of the accident. 10. The Plaintiff was tran ported by ambulance to the Carlisle Regional Medical Center for emergency treatment of his i 'uries. His injuries consisted of injuries to his ribs, left side, left leg and hip. Some of these injur es continue, especially his left leg, and may require future treatment. 4 11. The injuries sustaine by the Plaintiff was caused by the negligence and careless actions of the Defendant, Mykhaylo ucherak:. 12. The Defendant, My aylo Kucherak:, was cited by the Silver Spring Township Police for disregarding a traffic control evise. 13. The Defendant, My aylo Kucherak:, was negligent and careless as follows: a. He failed to aintain his vehicle under proper control in an effort to avoid a coIl" sion; b. He was operaf ng his vehicle in an unsafe and careless manner; c. He was not pa ing attention to traffic on the highway; d. He was operat ng his vehicle reckless manner by making an improper and careless turn; e. He failed to p ovide any warning of the pending collision to the Plaintiff; and f. He disregarde a traffic control devise being a stop sign. 14. The negligent actions of the Defendant, Mykhaylo Kucherak: , were the proximate cause of the injuries to the Plaintiff Michael L. Gumby. 15. At the time of the acc dent, the Defendant, Mykhaylo Kucherak:, was employed by the agent of the Defendant, Dure s, Inc. and East OTR Transportation, Inc. Durets, Inc. and OTR Kucherak:. Transportation, Inc. are there ore liable for the negligent actions of the Defendant, Mykhaylo 5 16. The Plaintiff, Mich el L. Gumby, seeks compensation for the pam and suffering, emotional distress, and los of life's pleasures since the date of the accident as well as compensation for future loss s he will incur in these areas. 17. The Plaintiff seeks co pensation for the medical expenses which he has incurred and may incur in the future to tre t his injuries which occurred as a result of the injuries he sustained in the accident and all lost w ges sustained due to his injuries. WHEREFORE, the laintiffs, Michael L. Gumby and Beth L. Gumby, his wife, requests compensation and damages f om the Defendant in the amount in excess of Thirty-Five Thousand and no/lOO ($35,0 0.00) Dollars with interest as permitted by law and the costs of this litigation. Date: October 27, 2006 Respectfully submitted, By: 6 VERIFICATION The foregoing docum t is based upon information which has been gathered by counsel and myself in the preparatio of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein ade are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsificati n to authorities. ~~A~ MICHAEL L. GUMBYi Date: October 27, 2006 9 , . MICHAEL L. GUMBY an BETH L. GUMBY, his wi~ , Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. 2005-6667 CIVIL TERM MYKHAYLO KUCHERA and DURETS, INC., and EAST OTR TRANSPORT TION, INC., : Defendants CIVIL ACTION. LA W CERTIFICATE OF SERVICE I, Marcus A. McKnig t, ill, Esquire, hereby certify that a copy of attached document was served upon the following b depositing a true and correct copy of the same in the United States mail, First Class, postage pre aid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Douglas B. M cello, Esq. Marcello & visto, LLC 1501 Comme ce Avenue Carlisle, PA 17013 By: Ma us A. McKm t, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court LD. No. 25476 Date: October 27, 2006 7 ~ o ~.; ......., = t::-::;' (:::;~, .-,~,.~ o C"") -~) \' rr: ; f"..) -.l ~ (,J,' 0.' ~',) :r.=: ~lJ ....('.: MICHAEL L. GUMBYand BETH L. GUMBY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 2005-6667 CIVIL TERM MYKHAYLO KUCHERAK And DURETS, INC. and EAST OTR TRANSPORTATION, INC. Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS 1. Denied. Answering Defendants are without information or belief as to the truth of the averments of paragraph 1, hence they are denied and proof is demanded at the time of trial. 2. Admitted. 3. Denied as stated. 4. Denied as stated. 5. Denied. Answering Defendants are without information or belief as to the truth ofthe averments of paragraph 5, hence they are denied and proof is demanded at the time of trial. 6. Denied. The averments of said paragraph are denied as stated pursuant to Pa.R.c.P. Rule 1 029( e). 7. Denied. The averments of said paragraph are denied as stated pursuant to Pa.RC.P' Rule I029(e). 8. Denied. The averments of said paragraph are denied as stated pursuant to Pa.RC.P. Rule 1029(e). 9. Denied. The averments of said paragraph are denied as stated pursuant to Pa.RC.P. Rule I029(e). 10. Denied. The averments of said paragraph are denied as stated pursuant to Pa.RC.P' Rule I029(e). 11. Denied. The averments of said paragraph are denied pursuant to Pa.R.c.P. Rule 1029(e). 12. Denied. The averments of said paragraph are denied as stated pursuant to Pa.RC.P' Rule I029(e). 13. Denied. The averments of said paragraph are denied pursuant to Pa.RC.P. Rule 1029(e). 14. Denied. The averments of said paragraph are denied pursuant to Pa.RC.P. Rule 1029{e). 15. Denied. The averments of said paragraph are denied as stated pursuant to Pa.RC.P. Rule 1 029( e). In the alternative, the averments state a conclusion of law to which no responsive pleading is required, hence it is denied. Any and all averments of employment and/or agency are specifically denied. 16. Denied. The averments of said paragraph are denied as stated pursuant to Pa.RC.P. Rule 1029(e). 17. Denied. The averments of said paragraph are denied as stated pursuant to Pa.R.c.P. Rule 1029(e). NEW MATTER 18. Some or all of Plaintiffs' claims are barred or reduced by the provisions ofthe Pennsylvania Financial Responsibility Act. Wherefore, Defendants request this Honorable Court to dismiss Plaintiffs' Complaint. Respectfully submitted: Douglas Marcel & Kivisto, LLC 1501 Commerce Ave. Carlisle, PA 17015 0: (717) 240-4686 F: (717) 258-4686 dmarcello@cdl-Iaw.com VERIFICATION I, hereby verify that the averments made in the attached document are true and correct to the best of my information, knowledge and belief based upon the information available and provided to me. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. B~~ Dated: 11/10~ , CERTIFICATE OF SERVICE I certify that the foregoing document in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, P A on the 15TH day of November, 2006. Marcus McKnight, III, Esq. 60 W. Pomfret St. Carlisle, P A 17013 o S ......-- ~>,~ \ 11-", ~]_;:I (. r--.:;, = c..';) C:1'"' ~ 25 ~t~ m 22 1'0 en ::0 -.J .~ * ,-'"' o. MICHAEL L. GUMBY and BETH L. GUMBY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. 2005-6667 CIVIL TERM MYKHA YLO KUCHERAK and DURETS, INC., and EAST OTR TRANSPORTATION, INC., : Defendants CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully submitted, IRWIN & McKNIGHT By: Date: December 19,2006 i'" MICHAEL L. GUMBY and BETH L. GUMBY, his wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2005-6667 CIVIL TERM MYKHA YLO KUCHERAK and DURETS, INC., and EAST OTR TRANSPORTATION, INC., : Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Tammy Lambas, Claims Adjuster Northland Insurance P. O. Box 64805 St. Paul, MN 55164 By: Marcus A. cKn' h, 60 West Pomfret S Carlisle, PA 17013 (717) 249-2353 Supreme Court LD. No. 25476 Date: December 19,2006 0 ......:> c..:::> 0 ~- ::=,.":.1 ., ~-;- c:;r".." 0 -t 1-..1 I., C) rilp n"~ C] VJ .- r ) --- -;-) -) (-:-' :,--':J -\ C'o.1 :.0 N -<