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HomeMy WebLinkAbout06-0286 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEIGH L. WALTER, v. CIVIL ACTION - LAW DEE RHODES, JR. and FIVE STAR EXPRESS, INC., NO. O~ -d.-Pb {!'u;L~~ Defendants 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 AGENCIE;S THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO / A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, de be tomar acci6n dentro de 10s pr6ximos veinte (20) dias despUl~s de la notificaci6n de esta Demanda y Aviso radicando personaImente 0 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 Ie advierte de que si usted faIla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un faIlo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 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 PO SIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS OF CUl\!IBERLAND COUNTY, PENNSYLVANIA LEIGH L. WALTER, v. CIVIL ACTION - LAW DEE RHODES, JR. and FIVE STAR EXPRESS, INC., Defendants NO. OL,- d).J>b (};u~l~~ JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Leigh 1. Walter, by and through her attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully sets forth as follows: I. Plaintiff Leigh 1. Walter is an adult individual currently residing at 835 New Bloomfield Road, Duncannon, Perry County, Pennsylvania, 17020. 2. Defendant Dee Rhodes, Jr. is an adult individual whose last known address is 2104 Locust Grove Road, Lebanon, Wilson County, Tennessee, 37087. 3. Defendant Five Star Express, Inc. is a Tennessee corporation located at 502 Lester Avenue, Nashville, Davison County, Tennessee, 37224. 4. The facts and events hereinafter stated took place on or about 4:02 p.m. on February 20, 2004, on the PA Turnpike (Route 76) between mile postings 2 11.7 and 21 1.6 in Lower Mifflin, Cumberland County, Pennsylvania. 5. At the aforementioned time and place, Plaintiff Leigh L. Walter was driving Westbound in the right lane of the PA Turnpike approaching mile marker 211.7. 6. At the aforementioned time and place, Defendant Dee Rhodes, Jr. was driving Westbound in the left lane of the PA Turnpike also approaching mile marker 211.7. 7. The collision occurred when Defendant Dee Rhodes, Jr. failed to observe Plaintiff Leigh 1. Walter's vehicle as the Defendant attempted to enter the right lane. 8. As the Defendant Dee Rhodes, Jr. entered the right lane the front passenger side of his vehicle struck Plaintiff Leigh 1. Walter's vehicle. The Plaintiff Leigh Walter's vehicle was struck on the rear of the driver's side just in front of the wheel. 9. The force of the impact caused Plaintiff Leigh 1. Walter to lose control of her vehicle. The Plaintiff' Leigh L. WaIter's vehicle spun around 180 degrees as it traveled across the left lane. Facing East the Plaintiff Leigh 1. Walter's vehicle continued traveling West colliding with the median five times before finally coming to rest. 10. The collision caused the injuries to the Plaintiff as set forth below. COUNT I LEIGH L. WALTER v. DEE RHODES. JR. NEGLIGENCE 11. Paragraphs 1 through 10 of the Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 12. The accident was caused by the negligence and carelessness of Defendant Dee Rhodes, Jr. and was in no way caused or contributed to by Plaintiff Leigh L. Walter. 13. The negligence and carelessness of Defendant Dee Rhodes, Jr. consisted of the following: a. inattentiveness; b. distraction; c. failing to have his vehicle under proper and adequate control; d. negligently applying the brakes; e. failing to apply the brakes in time to avoid the collision; f. failing to observe Leigh 1. Walter's vehicle which was lawfully on the roadway; g. operating the vehicle at an excessive rate of speed under the circumstances; h. failing to operate the vehicle in accordance with existing traffic conditions and traffic controls; I. failing to keep a reasonable lookout for other vehicles lawfully on the roadway; J. operating his vehicle so as to create a dangerous situation for other vehicles on the roadway; k. changing lanes when it was unsafe to do so. 14. As a factual result of the accident, Plaintiff Leigh L. Walter suffered injuries which are severe and what are believed to be permanent, which include the following: a. aggravation of a rotator cuff injury;; b. cervical strain/ sprain; c. disc protrusion; d. annular tear with central canal stenosis and compression of cervical cord; e. possible head trauma. 15. As a factual result of the accident, Plaintiff Leigh 1. WaIter has incurred medical expenses to date and will continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 16. As a factual result of the accident, Plaintiff Leigh 1. Walter has been advised and, therefore avers, that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 17, As a factual result of the accident, Plaintiff Leigh L. Walter has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these injuries is made. 18. As a factual result of the accident, Plaintiff Leigh L. Walter has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered and may continue to incur the same in the future, and thus, a claim for these losses is made. 19. As a factual result of the accident, Plaintiff Leigh L. Walter suffered a loss of earnings and an impairment of her earning power and capacity in the future, and thus, a claim for these losses is made. 20. As a factual result of the accident, Plaintiff Leigh L. Walter suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. WHEREFORE, Plaintiff Leigh L. Walter demands judgment on Defendant Dee Rhodes, Jr., in an amount in excess of an amount requiring compulsory arbitration. COUNT II LEIGH L. WALTER v. FIVE STAR EXPRESS. INC. NEGLIGENCE AND VICARIOUS LIABILITY 21. Paragraphs 1 through 20 of the Plaintiffs Complaint are incorporated herein by reference and made part thereof as if set forth in full. 22. At all times during the accident, Defendant Dee Rhodes, Jr. was acting as an employee, agent, servant of, and was under the care, capacity, and control of Defendant Five Star Express, Inc.. 23. Defendant Five Star Express, Inc. is vicariously liable for damages caused by the negligence of its employee, agent and/ or servant, Defendant Dee Rhodes, Jr. as set forth above. 24. Defendant Five Star Express, Inc. was additionally negligent in failing to act reasonably under the circumstances when hiring, retaining, training, employing, and/ or supervising Defendant Dee Rhodes, Jr. to operate its vehicle. 25. The injuries and damages suffered by Plaintiff Leigh L. Walter, detailed above, were a factual result of the negligence of Defendant Five Star Express, Inc. WHEREFORE, Plaintiff Leigh L. Walter demands judgment on Defendants Dee Rhodes, Jr. and Five Star Express, Inc., in an amount in excess of an amount requiring compulsory arbitration. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. DATED: Ilo/Of;; / By / )!'~rard C. Kramer / Attorney at Law / Attorney J.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff c-- VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, LEIGH WALTER, 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 Fa. C.S.A. ~ 4904 relating to unsworn falsifications to authorities. Date: {I I //J5-./LJiC I I {Ja/-jp, ALTER () .(.0. 0) l- '\h. If\ (", ") tfl. ,...., "', ,-. e_ If' ;~"1 - - ...() \) - ..:t. \) l"..l }J --.:t ~ _..> ~ , , " _% ~..;~ SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2006-00286 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WALTER LEIGH L VS. RHODES DEE JR ET AL R. Thomas Kline Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,RHODES DEE JR by United States Certified Mail postage prepaid, on the 13th day of January ,2006 at 0000:00 HOURS, at 2104 LOCUST GROVE ROAD LEBANON, TN 37087 I a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by DEE RHODES 01/19/2006 on Additional Comments: Sheriff's Costs: Docketing Service Postage Surcharge 18.00 4.88 .39 10.00 .00 33.27 ~o answer' _ / ~-::::--- -- ~. ~ R. Thomas Kline Sheriff of Cumberland County Paid by SCHMIDT RONCA KRAMER on 01/23/2006 . Sworn an? subscr~~ed to before me this .2{, ~ day of"--i~ ;uol.. A~ '., ( /I I 'fo"t;~ SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2006-00286 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WALTER LEIGH L VS. RHODES DEE JR ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,FIVE STAR EXPRESS INC by United States Certified Mail postage prepaid, on the 13th day of January ,2006 at 0000:00 HOURS, at 502 LESTER AVENUE NASHVILLE, TN 37224 I a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by LEIANNA ALDERMAN 01/17/2006 on Additional Comments: Docketing Service Affidavit Surcharge 6.00 4.88 .00 10.00 .00 20.88 ~~ R. Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Paid by SCHMIDT RONCA KRAMER on 01/23/2006 . Sworn and subscribrd to before me this J(, ~ day of" J.'1:J(, A.D. Pr . 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 mailplece, or on the front If space permits. 1. Art;cleAddressed to: Dee Rhodes Jr 2104 IDcust Grove Road Lebanon, TN 37087 o Agent o Addressee C. Date of Delivery DYes ONo o Express Mail o Return Receipt for Merchandlsa DC,Q,D, 4. Restricted Dellvery? (Extra Fee) DYes PS Form 3811, February 2004 7005 0390 0003 2635 0418 Domestic Retum Receipt 06-286 civil t02595-02-M-1540 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address 6n the reverse so that we can return the card to you. . Attach this card to the back of the mall piece. or on the front if space permits. 1. Article Addressed to: Five Star Express Inc 502 Lester Avenue NashvEle, TN 37224 D. Is delivery address different from item 1 If YES, enter dativelY address below; 3. Service Type JIG Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Man 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 0390 0003 2635 0401 06-286 civil PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire ID No, 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw,com LEIGH L. WALTER. Plaintiff v. DEE RHODES, JR. and FIVE STAR EXPRESS, INC., Defendants Attorneys for Defendants Dee Rhodes, Jr. and Five Star Express, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-286 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendants Dee Rhodes, Jr. and Five Star Express, Inc. in the above-captioned action. DATE / hl/ot;, J , DUFFIE, STEWART & WEIDNER -\., By: ~, John A. Stairer;~. re Attorney I.D. No. 43 2 301 Market Street P,O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Dee Rhodes. Jr. and Five Star Express, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same in the United States Mail at \~ Lemoyne, Pennsylvania, with first-class postage prepaid on the ~ day of -.JDiII L,,-1 2006, addressed to the following: Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER ~ '\., ", By: John A. Sta ,~ire '\ Attorney I.D. No. 43~ 301 Market Street P.O. Box 109 Lernoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Dee Rhodes, Jr. and Five Star Express, Inc. Q c. r--' ~-; cr' ~'1 pi oJ I ""'"'G -<;"" o -n ,-l ::c.-a f\lr- -om .')....y... <-~:\~~: -.,l +::i;.~ '>::'\ ~; :<. (~';') o c., Johnson. Duffie, Stewart & Weidner By: John A, Statler. Esquire 1.0. No. 43812 301 Market Street P, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com LEIGH L WALTER, Plaintiff v. DEE RHODES, JR. and FIVE STAR EXPRESS, INC., Defendants Attorneys for Defendants Dee Rhodes, Jr. and Five Star Express, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-286 CIVIL TERM : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: LEIGH l. WALTER, Plaintiff c/o GERARD C. KRAMER, ESQUIRE Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. DATE: 3!er!o&, JOH By: John A. St e, re Attorney I.D. No. 43812 301 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Dee Rhodes, Jr. and Five Star Express, Inc. Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire 1.0, No, 43812 301 Market Street P O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants Dee Rhodes, Jr. and Five Star Express. Inc. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW LEIGH L. WALTER. v, DEE RHODES. JR. and FIVE STAR EXPRESS. INC.. Defendants NO. 06-286 CIVIL TERM JURY TRIAL DEMANDED ANSWER OF DEFENDANTS DEE RHODES, JR. AND FIVE STAR EXPRESS, INC. TO PLAINTIFF'S COMPLAINT INCLUDING NEW MATTER AND NOW, come the Defendants. Dee Rhodes. Jr. and Five Star Express. Inc.. by their attorneys. Johnson, Duffie. Stewart & Weidner, P.C., who file the following Answer and New Matter in response to the Plaintiff's Complaint: 1, Denied. After reasonable investigation. Defendants are without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and. therefore. deny the same and demand strict proof at time of trial if deemed material. 2. It is admitted that Dee Rhodes. Jr, is an adult individual. It is further admitted that Mr. Rhodes resided at 2104 Locust Grove Road. Lebanon. Wilson County, Tennessee 37087, 3. Admitted. 4, Admitted. 5. Admitted, 6, Admitted. 7. It is admitted that the collision between the vehicles occurred as Defendant Rhodes was in the process of changing lanes. Defendant Rhodes observed the Plaintiff's vehicle and attempted to apply his brakes but was unable to avoid the collision, 8. It is admitted that the collision between the vehicles occurred as the Defendant was attempting to change lanes. It is further admitted that the front passenger side of the Defendant's vehicle collided with the rear driver's side of the Plaintiff's vehicle, 9. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the specific averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 10. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries and/or their causal relation to the subject collision, if any, and, therefore, deny the same and demand strict proof at time of trial if deemed material. 2 COUNT I (Negligence) Leigh L. Walter v. Dee Rhodes, Jr. 11. Answering Defendants incorporate by reference their answers to the averments in paragraphs 1 through 10 of the Plaintiff's Complaint as if set forth at length. 12. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the accident was caused by the negligence and carelessness of Defendant Dee Rhodes, JR. and was in no way caused or contributed to by Plaintiff Leigh L. Walter. 13. The averments in this paragraph constitute conclusions of law to which no response is required, In the event a response is deemed to be required, it is denied that Defendant Dee Rhodes, Jr. was negligent and careless and denied that the negligence and carelessness of Defendant Rhodes consisted of the following a. inattentiveness; b. distraction; c. failing to have his vehicle under proper and adequate control; d. negligently applying the brakes; e, failing to apply the brakes in time to avoid the collision; f failing to observe Leigh Walters vehicle which was lawfully on the roadway; 3 g. operating the vehicle at an excessive rate of speed under the circumstances; h, failing to operate the vehicle in accordance with existing traffic conditions and traffic control; i. failing to keep a reasonable lookout for other vehicles lawfully on the roadway; j. operating his vehicle so as to create a dangerous situation for other vehicles on the roadway; and k. changing lanes when it was unsafe to do so. 14. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature, extent, severity and/or permanency of the Plaintiff's alleged injuries and/or their causal relation to the subject accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. 15. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. 4 16, The averments in this paragraph constitute conclusions of law to which no response is required, In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, deny the sarne and demand strict proof at time of trial if deemed material. 17. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. 18, The averments in this paragraph constitute conclusions of law to which no response is required, In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. 19. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the 5 Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. 20 The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries, losses and damages and/or their causal relation to the subject accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. WHEREFORE, Defendant Dee Rhodes, Jr. respectfully requests that Count I of the Plaintiff's Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiff with respect to Count I of the Complaint. COUNT II (Negligence and Vicarious Liability) Leigh L. Walter v. Five Star Express. Inc. 21. Answering Defendants incorporate by reference their answers to the averments in paragraphs 1 through 20 of the Plaintiff's Complaint as if set forth at length. 6 22, The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required. the averments in this paragraph are admitted. 23. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Dee Rhodes, Jr. was negligent and, therefore, denied that Defendant Five Star Express is vicariously liable for any damages caused by the negligence of its employee, agent and/or servant. 24 The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required. it is denied that Defendant Five Star Express, Inc. was negligent in failing to act reasonably under the circumstance when hiring, retaining, training, employing and!or supervising Defendant Dee Rhodes. Jr. to operate it s vehicle. 25, The averments in this paragraph constitute conclusions of law to which no response is required, In the event a response is deemed to be required, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries and damages and!or their causal relation to the subject accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. In any event, it is specifically denied that the injuries and damages alleged by the Plaintiff were a factual result of any negligence of Defendant Five Star Express, Inc. 7 WHEREFORE, Defendants Dee Rhodes. Jr. and Five Star Express, Inc. respectfully request that Count 1/ of the Plaintiff's Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiff with respect to Count II of the Complaint. NEW MATTER By way of additional answer and reply, Defendants Dee Rhodes, Jr. and Five Star Express, Inc. raise the following New Matters: 26. Some or all of the Plaintiff's claims are barred by the applicable statute of limitations. 27. Some or all of the Plaintiff's claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa, C.S.A. ~1701, et seq" and especially by ~1722 of that law. 28. Discovery may reveal that the Plaintiff has failed to mitigate her damages. 29, Discovery may reveal that some or all of the Plaintiff's alleged injuries, conditions or damage pre-existed the date of the subject accident and were not caused or aggravated by the accident. 30. . Discovery may reveal that some or all of the Plaintiff's injuries, conditions or damages were caused by events that occurred subsequent to the subject accident. 8 31. To the extent that the Plaintiff has been or will be paid for some or all of her damages, then claims for those damages are barred both by 91722 of the Pennsylvania Motor Vehicle Financial Responsibility Law and by the defense of payment generally. WHEREFORE, Dee Rhodes, Jr. and Five Star Express. Inc. respectfully request that judgment be entered in their favor and against the Plaintiff in this case. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. ire Attorney J.D. No. 43812 301 Market Street PO. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Dee Rhodes. Jr. and Five Star Express, Inc. DATE: .3 I ~ I 0 ~ :268057 9 VERIFICATION I, DEE RHODES, JR., hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer of Defendants to Plaintiff's Complaint Including New Malter; and that the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa. C,S. S4904, relating to unsworn falsification to authorities, /; /2;7 / ~~ ' /"//.v/f<'JTL DEE RHODES, JR. v OATE3j /0 Ir VERIFICATION I, :;;5:J ~iM( , hereby acknowledge that Five Star Express, Inc. is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Joinder Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. FIVE STAR EXPRESS, INC. BoI,G~ DATE: . ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer of Defendants Dee Rhodes, Jr. and Five Star Express, Inc. to Plaintiff's Complaint Including New Matter upon all parties or counsel of record by depositing a copy of same in the United States Tlo. Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ~ day of MA vC ~ , 2006, addressed to the following: Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P,C. 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE. STEWART & WEIDNER Jo n A. Statler, E:s Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Dee Rhodes, Jr. and Five Star Express, Inc. By: " SCHMIDT, RONCA & KRAMER, P.C. BY: GERARD C. KRAMER, ESQUIRE Attorney I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Attorneys for Plaintiff gkramer1a1srklaw.com LEIGH L. WALTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No. 06-286 DEE RHODES, JR. AND FIVE STAR EXPRESS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANTS AND NOW, comes the Plaintiff, Leigh 1. Walter, by and through her attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully responds to Defendants' New Matter: 26. Paragraph 26 states a conclusion of law to which no responsive pleading is necessary. 27. Paragraph 27 states a conclusion of law to which no responsive pleading IS necessary. 28. Paragraph 28 states a conclusion of law to which no responsive pleading is necessary. . 29. Paragraph 29 states a conclusion of law to which no responsive pleading is necessary. 30. Paragraph 30 states a conclusion of law to which no responsive pleading is necessary. 31. Paragraph 3 I states a conclusion of law to which no responsive pleading is necessary. WHEREFORE, the Plaintiff requests that the New Matter of the Defendants be dismissed and judgment be entered in favor of the Plaintiffs. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. DATED: :jt /U(p By /4/ ~ 26rard C. Kramer / ~ttorney at Law J.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff 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. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsifications to authorities. Date: 3/S/exo --------- ~I ,0erard C. Kramer, Esquire /' . CERTIFICATE OF SERVICE AND NOW, this g-f1---- day of ;n /1YL)..--.....- ,2006, I, Gerard C. Kramer, Esq., hereby certify that I have this day served a true and correct copy of the Plaintiff's Answer to New Matter of Defendants by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John A. Statler, Esquire Law Offices of Johnson Duffie 30 I Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendants Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. 4 [/------ By / ft~rard C. Kramer ,/ Attorney at Law Attorney J.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff ~_..~ '1\ --.~ c:.-- SCHMIDT. RONCA & KRAMER, P.C. BY: GERARD C. KRAMER, ESQUIRE J.D. #44715 209 State Street Harrisburg, FA 17101 (7 17) 232-6300 Fax No. (717) 232-6467 Attorneys for Plaintiff(s) gkramer@srklaw.com LEIGH L. WALTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 06-286 DEE RHODES, JR. AND FIVE STAR EXPRESS, INC., CIVIL ACTION - LAW Defendant 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: (I) A Notice of Intent to Serve the Subpoena re Pennsylvania State Police 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. ~- / erard C. Kramer Attorney at Law Attorney J.D. No. 44715 209 State Street Harris burg, P A 1710 1 (717) 232-6300 Attorney for Plaintiff . SCHMIDT, RONCA & KRAMER, p.e. SY: GERARD C. KRAMER, ESQUIRE Attorney J.D. #44715 209 State Street Harrisburg. PA 17101 (717) 232-6300 (717) 232-6467 Attorneys for Plaintiff gkramer0lsrklaw. com LEIGH L. WALTER, IN THE COURT OF COMMON PL~AS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 06-286 DEE RHODES, JR. AND FIVE STAR EXPRESS, INC., CIVIL ACTION - LAW Defendant 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 on the Pennsylvania State Police. 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. Uno objection is made, the Subpoena may be served. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. /1!'') , /v Date' /.. ,"[ / ; jlJi - .~- L_./ I - f- /~ ~" By: / j}erard C. Kramer ./ Attorney at Law Attorney J.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs SCHMIDT, RONCA & KRAMER, P.C. BY: GERARD C. KRAMER, ESQUIRE Attorney J.D. #44715 209 State Street Harrisburg, PA 1710 1 (717) 232-6300 (717) 232-6467 Attorneys for Plaintiff gkramer0!srklaw.com LEIGH L. WALTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 06-286 DEE RHODES, JR. AND FIVE STAR EXPRESS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO .RULE 4009.22 TO: Commissioner Jeffrey B. Miller, Custodian of Records, Pennsylvania State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110-9758 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 1710 I: 1. Any and all records photographs, videotapes, etc. regarding an automobile accident which occurred on February 20, 2004 at or about 4:02 p.m., Pennsylvania Turnpike West, Cumberland County, Pennsylvania, Incident No. T55013552. 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 J.D. #: 44715 Attorney for Plaintiff BY THE COURT: DATE: Seal of the Court Prothonotary / Clerk, Civil Division Deputy CERTIFICATE OF SERVICE n )-:..--t-.,.. J AND NOW, this':/ day of ,1= {'r j.'/-' ,2006, 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 on Pennsylvania State Police by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John A. Statler, Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendants Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By / J.{erard C. Kramer / Attorney at Law . Attorney LD. No. 44715 209 State Street Harrisburg, PA 1710 1 (717) 232-6300 Attorney for Plaintiff -~ CERTIFICATE OF SERVICE AND NOW, this c/LJ!I- day of (f}QYCA-- ,2006, 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 regarding Pennsylvania State Police by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John A. Statler, Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendants Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. ~ erard C. Kramer Attorney at Law Attorney J.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff () c., () .., .:~ ';1 . ::;l ::'f( ~. >-, :>.} f"-; -.J f"-'\ " , (J-::l . L:~ Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D, No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043.0109 (717) 761.4540 jas@jdsw.com Attorneys for Defendants Dee Rhodes, Jr. and Five Star Express, Inc. LEIGH L. WALTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEE RHODES, JR and FIVE STAR EXPRESS, INC., Defendants NO. 06-286 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009,22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; 3) No objection to the subpoenas has been received; and 4) The subpoenas to be served Notice of Intent. tical to the subpoenas attached to the BY:'~ John A. Statler,E I e Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: '-fly lo?- Johnson. Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendants Dee Rhodes, Jr. and Five Star Express, Inc. LEIGH L. WALTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DEE RHODES, JR. and FIVE STAR EXPRESS, INC., Defendants NO. 06-286 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Leigh L. Walter, Plaintiff c/o Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JO N, DUFFIE, STEWART & WEIDNER " By: DATE: 3/IYloG John A. Stat , quire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEIGH L. WALTER, Plaintiff vs. File No. 06.286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Richard M. Seldow, D.C.. 431 Bridge Street. New Cumberland. PA 17070 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Leigh L, Walter (Gardner); D,O,B,: 06/06/1966; Social Security No.: 160-56.9937. at John A. Statler, Esquire. Johnson. Duffie. Stewart & Weidner. 301 Market Street, Lemovne, P A 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 A T THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler. Esquire. Johnson. Duffie. Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemovne, P A 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEIGH L. WALTER, Plaintiff vs. File No. 06-286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershev Medical Center. Alln: Health Information Services, H.U. 24. P.O. Box 850, Hershev. PA 17033 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Leigh L, Walter (Gardner); D,O.B.: 06/06/1966; Social Security No.: 160.56-9937, at John A. Statler. Esauire. Johnson. Duffie. Stewart & Weidner, 301 Market Street. Lemovne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. !fyou fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler, Esauire. Johnson, Duffie, Stewart & Weidner, P.c. ADDRESS: 301 Market Street Lemovne. PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT 1D # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLV ANIA COUNTY OF CUMBERLAND LEIGHL. WALTER, Plaintiff vs. File No. 06-286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Melodie A. Adinoiti, LMT & Associates, 720 State Street, Lemovne. PA 17043 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Leigh L. Walter (Gardner); D.O.B.: 06/06/1966; Social Security No.: 160-56-9937, at John A. Statler, Esquire, Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 A T THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler, Esquire, Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemovne. PA 17043 TELEPHONE: (7! 7) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEIGH L. WALTER, Plaintiff vs. File No. 06-286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Kendra M. Davis, M.D.. 506 S. State Road. Marvsville. PA 17053 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Leigh L. Walter (Gardner); D,O.B.: 06/06/1966; Sodal Security No.: 160-56-9937, at John A. Statler, ESQuire. Johnson, Duffie, Stewart & Weidner, 30 I Market Street. Lemovne, P A 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 A T THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler. ESQuire. Johnson. Duffie, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemovne, P A 17043 TELEPHONE: (7171761-4540 SUPREME COURT ID # 43812 A TTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEIGH L. WALTER, Plaintiff vs. File No. 06-286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Spine Institute. William 1. Beutler. M.D.. 805 Sir Thomas Court. Harrisburg. PA 17109 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Leigh L. Walter (Gardner); D.O,B.: 06/06/1966; Social Security No.: 160-56-9937, at John A. Statler. Esquire, Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 A T THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler, Esquire. Johnson. Duffie, Stewart & Weidner. P.C. ADDRESS: 30 I Market Street Lemovne. PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEIGH 1. W ALTER, Plaintiff vs. File No. 06-286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Emilv Matlin. D.O.. 4824 Londonderrv Road, Suite 102, Harrisburg, PA 17109 (Name o[Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Leigh 1. Walter (Gardner); D,O.B,: 06/06/1966; Social Security No,: 160-56-9937. at John A. Statler. Esquire. Johnson, Duffie, Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 A T THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler. Esquire. Johnson. Duffie. Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemovne. P A 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEIGHL. WALTER, Plaintiff vs. File No. 06-286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HealthSouth Rehab Center. 840 N. Front Street. Wormlevsburg, PA 17043 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Leigh L. Walter (Gardner); D.O.B.: 06/06/1966; Social Security No,: 160-56-9937, at John A. Statler, Esquire. Johnson, Duffie, Stewart & Weidner. 30] Market Street, Lemovne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documcnts or things requircd 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 A T THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler. Esquire. Johnson. Duffie. Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemovne. PA 17043 TELEPHONE: (717)761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEIGH L. WALTER, Plaintiff vs. File No. 06-286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: David A. Wiegand. M.D.. 1000 N. Front Street. Wormlevsburg, PA 17043 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Leigh L. Walter (Gardner); D.O.B.: 06/06/1966; Social Security No,: 160-56-9937. at John A. Statler, Esquire, Johnson, Duffie. Stewart & Weidner, 30 I Market Street. Lemovne. P A 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler. Esquire, Johnson. Duffie, Stewart & Weidner, P.c. ADDRESS: 30 I Market Street Lemovne. P A 17043 TELEPHONE: (717\761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotaf)' Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEIGH L. W ALTER, Plaintiff vs. File No. 06-286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holv Soidt Hospital. 503 N. 21" Street. Camo Hill. PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Leigh L, Walter (Gardner); D.O.B,; 06/06/1966; Social Security No,; 160-56-9937, at John A. Statler. ESQuire, Johnson. Duffie. Stewart & Weidner. 30 I Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 A T THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler. ESQuire, Johnson. Duffie. Stewart & Weidner, P.c. ADDRESS: 30 I Market Street Lemovne. PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEIGH L. WALTER, Plaintiff vs. File No. 06-286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsvlvania Retailer's Association,!nc.. 224 Pine Street. Harrisburg, PA 17]01 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession pertaining to Leigh L. Walter (Gardner); D,O.B.: 06/06/1966; Social Security No,: 160-56-9937. at John A. Statler, Esquire, Johnson. Duffie, Stewart & Weidner, 301 Market Street. Lemovne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John A. Statler. Esquire, Johnson. Duffie. Stewart & Weidner. P.c. ADDRESS: 301 Market Street Lemovne. P A !7043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEIGH L. WALTER, Plaintiff vs. File No. 06-286 DEE ROHODES, JR. and FIVE STAR EXPRESS, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Team Pennsvlvania Foundation, 100 Pine Street, Harrisburg, PA 1710] (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all employment records, W-2 statements, 1099 statements, other payroll records, performance evaluations, performance reviews, sicknesses or illnesses, disciplinary actions, correspondence, attendance records, handwritten notes, medical reports, workers' compensation records, applications or other records in your possession pertaining to Leigh L. Walter (Gardner); D.O.B.: 06/06/1966; Social Security No,: 160-56-9937. at John A. Statler, Esquire, Johnson. Duffie. Stewart & Weidner. 301 Market Street. Lemovne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, the reasonable cost of preparing the copies or producing the things sought. [fyou fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: John A. Statler, Esquire, Johnson. Duffie. Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ~ay of M DV( U, 2006, addressed to the following: Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: J . Statler, Esq . e Attorney I. . 81 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Dee Rhodes, Jr. and Five Star Express, Inc. . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the ~ay of /J. r v,' J 2006, addressed to the following: Gerard C. Kramer, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 JOHNSON, DUFFIE, STEWART & WEIDNER By: \ John A. r, Es uire Attorney I.D. No. 812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Dee Rhodes, Jr. and Five Star Express, Inc. (., " ~ i-\ , C'., ro,) J , SCHMIDT KRAMER PC BY: GERARD C. KRAMER, ESQUIRE Attorney LD. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Fax No. (717) 232-6467 Attorneys for Plaintiff gkramer@schmidtkramer.com LEIGH L.WALTER, Plaintiff v. DEE RHODES, JR. AND FIVE STAR EXPRESS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-286 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended with prejudice. DATED: /2/ZZ/dP Respectfully submitted, SCHMIDT KRAMER PC ~ erard C. Kramer, Esquire I. / LD. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff i' ." CERTIFICATE OF SERVICE I\J- AND NOW, this #J. day of /JLu...~, 2006, I, Gerard C. Kramer, Esq., hereby certify that I have this day served a true and correct copy of the Praecipe to Settle, Discontinue and End by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: John A. Statler, Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendants Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By ,~t~{.I(/fl~/tb* Gerard C. Kramer Attorney at Law Attorney J.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff o I'Y", ('""; Ci -n N c;:) -s~'" ~-f"""'l .-,} ...c eJ1 C~-,