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Home My WebLink About06-1341 Brian J. Walker, Esquire, AIC Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attornev I.D. 71927 Attorney for Plaintiff ional Indmenity Co A/S/O i Mei Express Inc. 6 Facnam St aha. NE 68131 Lyn Yan Yan, Fung Wong Hung, Yong-Can Teng, Wang Piu Hui In the Court of Common Pleas Cumberland County, Pennsylvania Civil Action Kin Chun Cheng, Qi Rong Zhang :No: Jiang Zhiyuan,Qin Zhang 7hi D. Chen, Jiang Lin Yan Jiang, Ling Gad, Xiao Bing Jiang Qiao Zhiang, Pei Zhong Chen, Chen Qiao Ling, Jin Yan Liu Jason Jiang, Mu Hua Li, Yun Lin LI, Rong Chen, and Qi Ji Huang Gary L. Johnson 10034 Shortest Day Rd. La Vale, MD 21502 AND D. M. Bowman Inc. 10038 Governor Lane Blvd. Williamsport, MD 21795 (Y? - 1.3y/ r ?l??rc1Z t l Praecipe to Issue Writ of Summons issue a Writ of Summons with regard to the above captioned case. forward to the Sheriff for service. MATT-1008 Arian Wal er, Esquire, AIC Hennessy & Walker Group, P.C. I'J ? '? ? ? ? ? ? U2 ?'? ? Ci ?C ?" 1- Commonwealth of Pennsylvania National Indmenity Co A/S/O County of Cumberland Hua Mei Express Inc. 4016 Farnam St Omaha, NE 68131 Lyn Yan Yan, Fung Wong Hung, Yong-Can Tong, Wang Piu Hui Kin Chun Cheng, Qi Rung Zhang Jiang Zhiyuan Qm Zhang Zhi D. Chen, Jiang Lin Yan Jiang, Ling Gad, Mao Bing Jiang Qiao Zhiang, Pei Zhog Chen, Chen Qiao Ling, Jin Yan Liu Jason Jiang, Mu Hun Li, Yun Lin LI, Rong Chen, and Qi Ji. Huang va Gary L. Johnson 10034 Shortest Day Rd. La Vale, MD 21502 AND D. M. Bowman Inc. 10038 Governor Lane Blvd. Williamsport, MD 21795 ^ Court of Common Pleas No. In To'Gary_ L._ Johnson AND_D_M. _Bowman _Inc_.__ You are hereby notified that National Indmenity Co. A/S/0 Rua Mei Express Inc. etal -------------------------------------------------------------------------------- the Plaintiff has commenced an action in __Civil_ Action_Law ----------------------------------- against you which you are required to defend or a default judgment may be entered against you. - ---------------- -------- -l- -------- -- f??jj` onotary7 Date Deputy (SEAL) 6 ou ob ? " x ? ? 5 a a u 3w0=0m go >. I p?p ?CO? _??C q?ax 5 m? ttl C to T N ,? Itl N N F U j W t C 'O o p 0. p?.p1 C ti C ? o N . FF 2 o ?U?N U 0 0 > 1 1 ? I Q ? ? 1 • p 1 3. ? ° oNO ? I I W ? ? rn I G G •ril N 3 ? 1 JJ1 U ? .? ,y y A ` ? C` Q I? 61 ? ?? rr y ? T.4 y N 1 1 I ? 1 I 1 1 1 Johnson, Duff ie, 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 NATIONAL INDEMNITY CO. also HUA MEI EXPRESS, INC., LYN YAN YAN, FLING WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, OIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG, QIAO ZHIANG, PEI ZHONG CHEN, CHEN QIAO LING, JIN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN Li, RONG CHEN and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants PRAECIPE Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1341 JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel on behalf of Defendants Gary L. Johnson and D. M. Bowman, Inc. in the above- captioned action. DATE: 3 12 2 J 0 G :271637 JO S IE, STEWART By: John A. Statler, Esquire Attorney I.D. No. 4381 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants ?, ?-- _? ??, ?,,: ., n'Y; ,,.? ?..7 ,;?, -'s' G? t. -ti ?_>, (.7 -, .. C. . Johnson, Duff ie, 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 NATIONAL INDEMNITY CO. a!sto HUA MEI EXPRESS, INC., LYN YAN YAN, FUNG WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG, CIAO ZHIANG, PEI ZHONG CHEN, CHEN CIAO LING, JIN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN LI, RONG CHEN and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1341 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Rule upon the Plaintiffs, National Indemnity Co. a/s/o Hua Mei Express, Inc., Lyn Yan Yan, Fung Wong Hung, Yong-Can Teng, Wang Piu Hui, Kin Chun Cheng, Qi Rong Zhang, Jiang Zhiyuan, Qin Zhang, Zhi D. Chen, Jiang Lin, Yan Jiang, Ling Gad, Xiao Bing Jiang, Qlao Zhiang, Pei Zhong Che, Chen Ciao Ling, Jin Lan Liu, Jason Jiang, Mu Hua Li, Yun Lin Li, Rong Chen and Qi Ji Huang, to file a Complaint within 20 days or suffer a judgment non pros seq. reg. N DUFFIE, ST WART & WEIDNER By:- John-A. Statler, Esquir Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761 4540 Attorneys for Defendants RULE TO PLAINTIFFS NATIONAL INDEMNITY CO. A/S/O HUA MEI EXPRESS, INC., LYN YAN YAN, FLING WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG, QIAO ZHIANG, PEI ZHONG CHE, CHEN CIAO LING, JIN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN LI, RONG CHEN AND QI JI HUANG: You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. DATE: n???.1_ ?U ?(Ylo f OTHONOTARY 271645 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 V? Lemoyne, Pennsylvania, with first-class postage prepaid on the 22 day of oy? 2006, addressed to the following: Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester. PA 19382 JOHNSON, DUFFIE, STEWART & WEIDNER By John A. Statlr; ? ire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants ?_? ?.. ? .. <} ? -rt -'r .-{ n? G? r _ : `', .. . i =t C.) _, .? Johnson, Duff ie, 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 NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., LYN YAN YAN, FUNG WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG CIAO ZHIANG, PEI ZHONG CHEN, CHEN CIAO LING, JIN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN LI, RONG CHEN and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants PRAECIPE Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1341 JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on March 23, 2006 and served on the date reflected in the attached Certificate of Service. DATE:: 3 12-Y 10 JO SON, DUFFIE, STEWART & WEIDNER By: John A. Stat sq ire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Johnson, Duffle, 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 NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., LYN YAN YAN, FILING WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG QIAO ZHIANG, PEI ZHONG CHEN, CHEN QIAO LING, JIN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN LI, RONG CHEN and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1341 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on March 23, 2006 upon counsel for Plaintiffs, by depositing same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 'R'A 2 y day of Mu r,e In , 2006, addressed to the following: DATE: 3 2 y U ?, 271838 JOHN \ UFFIE, STEWART & WEIDNER By. Ai[orney I.U. No. 43612 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 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 Tln Lemoyne, Pennsylvania, with first-class postage prepaid on the day of AA p rr ( t 2006, addressed to the following: Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester. PA 19382 JOHNSON, DUFFIE, STEWART & WEIDNER tier, quire By Attorney I.D. No. 812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants ?, ,, _„ Y' - -? ;, ,. ,- ,? :? -; ., Brian J. Walker, Esquire, AIC Hennessy & Walker, Group 142 West Market Street, Suite 2 West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 National Indemnity Company A/S/0 Hua Mei Express, Inc. Lyn Yan Yan Wong Hung, Yong-Can Teng Wang Piu Hui, Kin Chun Cheng Qi Rong Zhang, Jiang Zhiyuan, Qin Zhang Zhi D. Chen, Jiang Lin, Yan Jiang, Ling Gad, Xiao Bing Jiang, Qiao Zhiang, Pei Zhong Chen, Chen Qiao Ling, Jin Yan Liu, Jason Jiang, Mu Hua Li, Yun Lin Li, Rong Chen and Qi Ji Huang 406 Farnam Street Omaha, NE 68131 VS. Gary L. Johnson 10034 Shortest Day Road La Vale, MD 21502 AND D.M. Bowman, Inc. 10038 Governor Lane Blvd. Williamsport, MD 21795 NOTICE You have been sued in tour.. 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 person- ally or by anorney and tiling 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 ajudgment 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 piatnuff. You may lose money or popery or other rights important to you. You-should take this paper to your lawyer at once. Ifyou do not have a lawyer or cannot afford one, go to or telephone the office set forth below ro find out where you can get legal help. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 800-990-9108 : In The Court of Common Pleas : Cumberland County, Pennsylvania Civil Action Law : No: 06-1341 .kmo Le han demandada a usted en Is cone. Si usted quiere acfenderse de estas demandas expuestas en )as paginas siguientes. usted tithe veinte (20) dins de plaza al partir de In feeha de la demands y la notification. lute falta asentar una comparencia eserita o en persona o con on abogado y entregar a la torte cn forma escrim sus defenses o sus objeciones a [as demandas en contra de su persona. Sea avisado que si usted no se detiencit. la cone tomato medidas y puede continuer la demands en contra Suva sin previo iviso o notification. Ademas. la torte puede decidir a favor del demandance y reauiere que usted cumpia con codas las provisiones do csta demanda. listed puede perer dinero o sus proptedades u citrus derechos importances pars usted. Lleva esta demands a un abogado inmediasamente. Si no rime abogado o si no dene el dinero suficimte de pager tal servieie. iaya en persona a tlame par telefono a In oficina cuya direction se encuentra escrita abajo Para uveriguar donde se puede conseguir asistencia legal Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 800-990-9108 1 Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 Attorney for Plaintiffs National Indemnity Co. A/S/O Hua Mei Express Inc., Lyn Yan Yan, Wong Hung, Yong-Can Teng, Wang Piu Hui, Kin Chun Cheng, Qi Rong Zhang, Jiang Zhiyuan, Qin Zhang Zhi d. Chen, Jiang Lin, Yan Jiang, Ling Gad, Man Bing Jiang, Qiao Zhiang, Pei Zhong Chen, Chen Qiao Ling, Jin Yan Liu, Jason Jiang, Mu Hua Li, Yun Lin Li, Rong Chen and Qi Ji Huang 4016 Farnam St. Omaha, NE 68131 VS Gary L. Johnson 10034 Shortest Day Rd. La Vale, MD 21502 AND D.M. Bowman Inc. 10038 Governor Lane Blvd Williamsport, MD 21795 In the Court of Common Pleas Cumberland County, Pennsylvania Civil Action No: 06-1341 COMPLAINT 1. Plaintiff National Indemnity Co is an insurance company licensed and authorized to conduct business in the state of Georgia and having as one of its principal places of business the above captioned address. 2. Hua Mei Express, Inc is a corporation licensed and authorized to conduct business in the state of Georgia and has as one of its principle places of business located at 3236 Bonita Way, Buford, GA 30519 above captioned address. 3. Hua Mei Express Inc., Lyn Yan Yan, Wong Hung, Yong-Can Teng,Wang Piu Hui, Kin Chun Cheng, Qi Rong Zhang, Jiang Zhiyuan, Qin Zhang Zhi d. Chen, Jiang Lin, Yan Jiang, Ling Gad, Xiao Bing Jiang, Qiao Zhiang, Pei Zhong Chen, Chen Qiao Ling,Jin Yan Liu, Jason Jiang, Mu Hua Li, Yun Lin Li, Rong Chen and Qi Ji Huang (hereinafter referred to as the injured parties) are adult individuals residing in the State of New York 4. Defendant Gary L. Johnson is an adult individual residing at the above captioned address. 5. Defendant D. M. Bowman, Inc is a commercial business entity licensed and authorized to conduct business in the state of Maryland and having as one of its places ob business the above captioned address. 6. On or about 4-22-04, Plaintiff National Indemnity Co. insured Hua Mei Express Inc. with a business auto policy, policy number APN 275073, said policy covering a 2003 Van Hool bus and carrying with same ision and rental coverages. 7.. On or about 4-22-04, Defendant Gary L. Johnson was acting agent, servant, employee and/or workman and/or for the common purpose of D. M. Bowman, Inc. while he was operating a 2004 Mack tractor trailer MD tag 429F39, registered to same. 8. On or about 4-22-04 PA Interstate 81 Penn "fwp_, Cumberland County Defendant Johnson while operating the aforesaid 2004 Mack did negligently, and/or recklessly, strike/collide into the rear of Plaintiff's Insured's, Hua Ylei Express, Inc, 2003 Van Hool bus causing extensive damages to same. 9. The negligence of the Defendants consisted of a) negligent entrustment, b) failing to exercise due care; c) being inattentive; d) failing to maintain proper lookout, e) failing to maintain control of said vehicle so as to be able to stop within the assured clear distances ahead; f) failing to yield right of way; g) being inattentive, h) disregarding a steady red signal; g) failing to make proper observation, h) failing to give due regard to the right, safety, point and position of plaintiff's insured's property. 10. The aforesaid collision resulted solely from the negligent acts and/or failure to act on part of Defendants named herein and were due in no manner to any act and/or failure to act on part of Plaintiffs. 11. As a result of the aforesaid collision, Plaintiffs insured's vehicle Sustained extensive damages to same totaling 40,791.59. 12. Pursuant to the aforesaid policy of insurance, Plaintiff National Indemnity settled the collision and rental claims of its insured Hua Met Express, Inc.in the of $40,791.59, (said figure includes Plaintiff's insured's first party representing fair and reasonable reimbursement for the damages 13. On or about 4-22-04, the aforementioned injured parties were occupants or passengers of the Plaintiff s insured's 200, Van Hool bus when its was , carelessly and violently struck from behind by Defendant Johnson while was operating Defendant D.M. Bowman, Inc.'s vehicle. 14. As a result of the aforesaid collision, the aforementioned injured parties sustained injuries to and about their bodies requiring medical attention and treatment. 15. As a result of the aforesaid collision and in accordance with New York Motor Vehicle No-Fault Insurance Law, the aforementioned injured parties completed and submitted Applications for Motor Vehicle No Fault Benefits to Plaintiff National Indemnity Co 16. As a result of the aforesaid collision, Plaintiff National Indemnity Co has incurred medical and indemnity payments on behalf of the aforementioned injured parties in excess of Ninety Thousand ($90,000.00) Dollars. 17. Pursuant to the aforesaid policy of insurance and in accordance with the Maryland, Georgia, and New York No Fault Insurance Laws, National Indemnity Co. Ins. Co. is subrogated to Hua Mei Express Inc. and the aforementioned parties for this loss.. "EREFORE, Plaintiff demand judgment against Defendants jointly and ly an amount in excess of Fifty Thousand ($50,000.00) dollars together plus interest and such other reliefthis Court finds equitable and just. Brian I er, Esq. TT-1008 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CHESTER : ss The undersigned verifies that the facts contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to unworn falsification to authorities. If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her own behalf within the time allotted for filing of this pleading, and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigative material in the file rian J. alker, Esquire, AIC Dated: ylad ??6 r : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law : No: 06-1341 AFFIDAVIT OF SERVICE Brian J. Walker, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 Attorney for Plaintiff National Indemnity Company A/S/O Hua. Mei Express, Inc, et.al. VS. Gary L. Johnson, et.al. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CHESTER . ss. Brian J. Walker, Esquire, AIC, being duly sworn according to law, deposes and says that he has served a true and correct copy of the Writ of Summons filed in the above captioned action upon the Defendants by first class United States mail, certified, return receipt requested, and that Defendants did accept service of the same on, March 18, 2006, as evidenced by the attached sender's receipts. /n- WO- ?ff r, squire, AIC Hennessy & Walker Sworn to and subscribed before me this 2, "M' day of Apt-FL,2006. OTARY PUBLIC THERESH B CHUPLc 7Oe, Nest Cheste r Borc My Commission Expires 006 Y E((Do! ostal Service IFIED MAIL,.. RECEIPT c,Mail O nly; No Insurance Coverage Provided) M 11- U1 Postage $ q 1 o ? ?e 14o 3 oW O , P t k C3 Retum Receipt Fee (Endorsement Required) ae mar Here C3 Reatrkted DeNvery Fee (ErMOreement Required) ? M Total Postage & Fees V'1 O t TO N ?= 1 ...... ,,.LIAL'---------- orPOSwAAD. ?Y. u?M. X44! ?.-?•! ??! Y.rY.A_ L1S11?Y. L&I i ¦ Complete items 1, 2, and 3. Also complete Nan 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 permits. 1. M11cle Addressed to: (?b3 ? Gb1(k.+?nb? ?? A. Signaftwe X &Aaxx"j Pin -L, 0 AddnMalsa B. by ( Nerve) C. Dqje of Denary D.- Is deNvery address lWorm it from item 1? 0 Yes If YES, enter 'delivery address below; lawr 3. Service Type atllled Mall a Express Melt ( 0 Registered r ettmt ReoW for Merdhwifts O Irteursd man r ? C.O.D. 4. Restricted Delivery? (Fx&a Fee) O Yes 2. Addle"umber 7005 3110 0002 5893 6800 (AsrwArr Aver aerMioe labs0 Ps Farm 3811, Fewuwy 2004 Don+eaOr Fh* mReoeipt ,aoSas-oa M.1s4u (I S Postal Ser vice I CERTIFIED M AIL,,., RECEIPT r%- ..n (Domestic Mail Only; No Insurance Coverage Provided) rl I- OFFI CIAL USE go u7 ' Postage $ 1 ° I Ll cenieed Fee A4e ie/o6 3 ° p Retum Receipt Fee (Enrbreemerd Requred) Postrnark Here ed l)gWery Restrict Fee (Endorsement Required) ? M Total Postage & Fees uT ° ° o L h r . NjQw -- or PO Bay Nix r.. _ W.'aiiii, WK4 j Q J 11 Complete Items 1, 2, and 3. Also complete ? Print your address on the reverse ao that we can return the card to you. • Attach this card to the back of the manplece or on the frOM If space permits. I.?AMcle Adr SOftd to: l(tNlj L l C?03 y- ?hoY.keS+ LA v ???-? ? It &Vw "Imy address balow: CsrtHled Mail ? Express Mail E3 Registered Receipt for Metdnrtdwe ? Insured Mall ? C.O_n 2. A"We Number "OBQti?ea uelivery7 (Fxft ) ? Yes Mww rnt w-- 664 7005 3110 0002 5893 6794 PS Fc>Rtt 3811, Fobruatry 2004 DonrsaMc RsM,,, gsoNpt +ae?soa•M.ta?o r ? +1 C -VC"l ?- T F -i S Brian J. Walker, Esquire Hennessy & Walker 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 Attorney for Plaintiff National Indemnity Company A/S/O Hua Mei Express, Inc., et.al. VS. Gary L. Johnson AND D.M. Bowman, Inc. In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law : No: 06-1341 CERTIFICATION OF SERVICE I hereby certify that I have served a true and correct copy of the Complaint filed in the above captioned action upon the Defendant's counsel on May 9, 2006, by First Class United States mail, addressed as follows: John A. Statler, Esquire Johnson Duffie 301 Market Street Lemoyne, PA 17043-0109 Zria?n J. Walk , Esquire, AIC Hennessy & Walker C= o a-p C3'% -n - M n ?.J -e, A y yC7 N fp ' C- -? Johnson, Duffle, 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 NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., LYN YAN YAN, FUNG WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG, QIAO ZHIANG, PEI ZHONG CHEN, CHEN QIAO LING, JIN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN LI, RONG CHEN and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1341 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: NATIONAL INDEMNITY CO. a/s/oHUA MEI EXPRESS, INC., LYN YAN YAN, FLING WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN,QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG,QIAO ZHIANG, PEI ZHONG CHEN, CHEN QIAO LING, JIN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN LI, RONG CHEN and QI JI HUANG, Plaintiff c/o BRIAN J. WALKER, ESQUIRE Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 19382 Attorneys for Plaintiffs 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. JOHNSON, DUFFIE, STEWART & WEIDNER By: b?tk John A. Sta ler, Esq it DATE: Jf ?3 ?! 6 6 Attorney I.D. No. 43 1 Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., LYN YAN YAN, FUNG WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG, QIAO ZHAANG, PEI ZHONG CHEN, CHEN QIAO LING, JIN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN LI, RONG CHEN and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1341 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS GARY L. JOHNSON AND D. M. BOWMAN, INC. TO PLAINTIFFS' COMPLAINT AND NOW, come the Defendants, Gary L. Johnson and D. M. Bowman, Inc., by and through their counsel, Johnson, Duffie, Stewart & Weidner, P. C., and file the following Answer and New Matter, and in support thereof avers as follows: 1. Denied. After reasonable investigation, the Defendants lack information sufficient to form a belief as to the truth of the averments contained in this paragraph. Therefore, the averments in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 2. Denied. After reasonable investigation, the Defendants lack information sufficient to form a belief as to the truth of the averments contained in this paragraph. Therefore, the averments in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 3. Denied. After reasonable investigation, the Defendants lack information sufficient to form a belief as to the truth of the averments contained in this paragraph. Therefore, the averments in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 4. Admitted. 5. Admitted in part; denied in part. It is admitted that Defendant D. M. Bowman, Inc. is a commercial business entity licensed and authorized to conduct business in the State of Maryland. It is denied that one of its principle places of business is located at the address captioned in the Plaintiffs' Complaint. By way of further answer, Defendant D. M. Bowman, Inc.'s actual address is 10228 Governor Lane Boulevard, Williamsport, MD 21795. 6. Denied. After reasonable investigation, the Defendants lack information sufficient to form a belief as to the truth of the averments contained in this paragraph. Therefore, the averments in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 2 7. 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 admitted that Defendant Gary L. Johnson was operating a vehicle owned by D. M. Bowman, Inc. in the course and scope of his employment. 8. 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 specifically denied that Defendant Johnson operated the 2004 Mack tractor trailer negligently, carelessly and/or recklessly. It is admitted that the vehicle operated by Defendant Johnson collided with a Van Hool bus that bore the name Hua Mei Express. The balance of the averments are denied as conclusions of law. 9. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Defendants were negligent and denied that the negligence of the Defendants consisted of: a. negligent entrustment; b. failing to exercise due care; C. being inattentive; d. failing to maintain proper lookout; e. failing to maintain control of said vehicle so as to be able to stop within the assured clear distances ahead; f. failing to yield right-of-way; g. being inattentive; h. disregarding a steady red signal; 3 g. failing to make proper observation; h. failing to give due regard to the right, safety, point and position of Plaintiffs insured property. 10. 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 Defendants were negligent in their acts and/or failure to act and denied that the collision between the vehicles resulted solely from any negligent acts and/or failure to act on the part of the Defendants and denied that the collision was due in no manner whatsoever to any act and/or failure to act on the part of Plaintiffs or their agents or employees. 11. 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. 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, 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. 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 the Defendants were negligent and careless and denied that the collision between the vehicles resulted from the negligence and carelessness of the Defendants or the manner in which 4 Defendant Johnson was operating Defendant D. M. Bowman's vehicle. By way of further answer, Defendants are without information sufficient to form a belief as to the identity of the occupants and/or passengers on the bus and/or the nature and extent their accident-related injuries, if any. Therefore, Defendants deny these averments and demand strict proof at time of trial if deemed material. 14. 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. 15. 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. 16. 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. 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, it is denied that the Plaintiff is entitled to subrogate against the Defendants in this case. 5 WHEREFORE, the Defendants, Gary L. Johnson and D. M. Bowman, Inc., respectfully request that this Honorable Court enter judgment in their favor and dismiss the Plaintiffs' cause of action with prejudice. NEW MATTER By way of additional answer and reply, Defendants Gary L. Johnson and D. M. Bowman, Inc. raise the following New Matters: 18. Some or all of the Plaintiff 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 §§1720 and 1722 of that law. 19. The Plaintiff is not entitled to subrogate for the damages being claimed in this case. 20. Discovery may reveal that some or all of the Plaintiffs' treatment was not reasonable or necessary and was not required as a result of any injuries caused by this accident. 21. The Plaintiffs' claims, if any , must be reduced in accordance with Act 6 of the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. The accident of April 22, 2004 was caused in whole or in part by the negligence and carelessness of the operator of the Hua Mei Express, Inc. bus, Yau W. Cheung. 6 23. Any damages sustained by the passengers on the bus were caused in whole or in part by the negligence and carelessness of the bus driver, Yau W. Cheung. 24. Some or all of the Plaintiffs' claims are barred by the applicable statute of limitations. 25. Discovery may reveal that some or all of the Plaintiffs have failed to mitigate their damages. WHEREFORE, Defendants Gary L. Johnson and D. M. Bowman, Inc. respectfully request that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiffs in this case. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: V vfv? John A. St ler, Es re Attorney I.D. No. 4 8 Wade D. Manley, ire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: Attorneys for Defendants ???(?D? :274421 7 VERIFICATION I, _ScOit K"AdW , hereby acknowledge that D. M. Bowman, 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 Answer of Defendants Gary L. Johnson and D. M. Bowman, Inc. to Plaintiffs Complaint Including New Matter and New Matter Pursuant to Pa. R. C. P, 2252(d); 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. D. M. BOWMAN, INC. By: DATE: 5 ' ?-'06 :274485 VERIFICATION I, GARY L. JOHNSON, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing Answer With New Matter and Crossclaim; 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. §4904, relating to unsworn falsification to authorities. 2- 24=2 GARY L. JOHNSON DATE: 5-2-0-06 CERTIFICATE OF SERVICE 1 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 A- Lemoyne, Pennsylvania, with first-class postage prepaid on the 3{S day of , 2006, addressed to the following: Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 19382 JOHNSON, DUFFIE, STEWART & WEIDNER By: Am ?I?A John A. St ler, D43ul ire A ttorney I. . N2 301 Market Stre P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants t_ t _.J C. °' i Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com NATIONAL INDEMNITY CO. a/s/o HUA ME[ EXPRESS, INC., LYN YAN YAN, FLING WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG, QIAO ZHIANG, PEI ZHONG CHEN, CHEN QIAO LING, JIN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN LI, RONG CHEN and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1341 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 are enticaI to the subpoenas attached to the Notice of Intent. By: John A. Statler, squire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 DATE ( L I Telephone (717) 761-4540 : 1 2. Z ts Attorneys for Defendants Johnson, Duffle, Stewart & Weidner By: John A. Steller. Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com NATIONAL INDEMNITY CO. a/s/o HUA ME] EXPRESS, INC., LYN YAN YAN, FLING WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG, QIAO ZHAANG, PEI ZHONG CHEN, CHEN QIAO LING, AN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN LI, RONG CHEN and QI A HHANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1341 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: National Indemnity Co., Plaintiff c/o Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 19382 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. DATE: (/' L 10 G J SON, DLIFFIE TEWART & WEIDNER By: John A. Sta s ire Attorney I.D. No. 4 12 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL INDEMNITY CO. a/s/o RUA MEE EXPRESS, INC. et at., Plaintiff VS. File No. 06-1341 GARY L. JOHNSON and D.M. BOWMAN, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Newville Community Ambulance Friendship Hose Company No 1 15 East Big Spring Avenue. P.O. Box 218. Newville PA 17241 (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 Hung Fung Wong; Date of Birth.: 12/0511954. at John A Statler Esquire Johnson Duffle Stewart & Weidner, 301 Market Street Lemoyne, 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. Duffle. 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 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL INDEMNITY CO. a/s/o RUA MEI EXPRESS, INC. et al., Plaintiff vs. GARY L. JOHNSON and D.M. BOWMAN, INC., File No. 06-1341 Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Newville Community Ambulance Friendship Hose Company No 11 15 East Big Spring Avenue. P.O. Box 218. Newville. PA 17241 (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 Kin Chun Cheng; Date of Birth.: 08108/1957. at John A Statler. Esquire Johnson Duffle Stewart & Weidner. 301 Market Street Lemoyne. 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 parry 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. Duffle. Stewart & Weidner. P.C. ADDRESS: 301 Market Street TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC. et at., Plaintiff VS. File No. 06-1341 GARY L. JOHNSON and D.M. BOWMAN, INC., Defendants FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Newville Community Ambulance. Friendship Hose Company No 1, 15 East Big Spring Avenue. P.O. Box 218. Newville PA 17241 (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 Qin Zhang; Date of Birth.; 09/05/1983. at John A. Statler, Esquire. Johnson. Duffle. Stewart & Weidner. 301 Market Street. Lemoyne. 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, Duffle, Stewart & Weidner, P.C ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: (717)7614540 SUPREME COURT ID # 43812 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC. et at., Plaintiff vs. GARY L. JOHNSON and D.M. BOWMAN, INC., Defendants File No. 06-1341 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Newville Community Ambulance Friendship Hose Company No 1 15 East BigSprinp Avenue. P.O. Box 218. Newville. PA 17241 (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 Qiao Zhiang; Date of Birth.: 04/12/1985. at John A Statier Esquire Johnson Duffie Stewart & Weidner. 301 Market Street, Lemoyne, 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: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DATE: 301 Market Street Lemoyne PA 17043 (7171761-4540 Defendants By the Court: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC. et al., Plaintiff VS. File No. 06-1341 GARY L. JOHNSON and D.M. BOWMAN, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Newville Community Ambulance Friendship Hose Company No 1 15 East Big Spring Avenue P.O. Box 218 Newville. PA 17241 (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 Qi Ji Huang; Date of Birth.: 08101/1966. at John A Statler. Esquire Johnson Duffle Stewart & Weidner, 301 Market Street Lemoyne 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 Duffle 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 Z„- day of 'j lNt f- 2006, addressed to the following: Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 19382 JOHNSON, DUFFIE, STEWART & WEIDNER By 7777?;? - John A. Statler, Esq Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 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 2 L kday of J Vh ?c 2006, addressed to the following: Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 19382 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler' ?uire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants ?_? r...? ("l -fl r _ --7 Ul r.,> - G _... J:. '.'1 i ^-J -:=? O ? .t Brian J. Walker, Esquire, AIC Hennessy & Walker 142 West Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 Attorney for Plaintiffs National Indemnity Company A/S/O Hua Mei Express, Inc., et-al. VS. Gary L. Johnson AND D.M. Bowman, Inc. In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law No: 06-1341 Reply to New Matter 18-21. Denied as conclusions of law. 22-23. Denied. On the contrary the accident was caused solely by the negligence of the Defendants. 24-25. Denied as conclusions of law. rian J. W ker, Esquire, AIC Hennessy & Walker COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CHESTER : ss The undersigned verifies that the facts contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to unswom falsification to authorities. If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her own behalf within the time allotted for filing of this pleading, and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigative material in the file Brian J. er, Esquire, AIC Dated: Sll ?ld6 ? A r_ A m C ? c? [. N -G W 0 G ail y?i 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 NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., LYN YAN YAN, FLING WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG, QIAO ZHAANG, PEI ZHONG CHEN, CHEN QIAO LING, JIN LAN LIU, JASON JIANG, MU HUA Ll, YUN LIN LI, RONG CHEN and QI JI HUANG, Plaintiff V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants STIPULATION Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-1341 JURY TRIAL DEMANDED AND NOW, come the parties to the above case, by their respective counsel, who hereby agree and stipulate as follows: 1. It is agreed and stipulated that paragraph 3 of the Plaintiffs' Complaint shall be amended to delete reference to Lyn Yan Yan, Yong-Dan Teng, Wang Piu Hui, Qi Rong Zhang, Jiang Zhiyuan, Zhi D. Chen, Jiang Lin, Yan Jiang, Ling Gad, Xiao Bing Jiang, Pei Zhong Chen, Chen Qiao Ling, Jin Lan Liu, Jason Jiang, Mu Hua Li, Yun Lin Li and Rong Chen. 2. It is agreed and stipulated that the caption of the case shall be amended to read as follows: NATIONAL INDEMNITY CO. a/s/o : IN THE COURT OF COMMON PLEAS HUA MEI EXPRESS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA FUNG WONG HUNG, : KIN CHUN CHENG, QIN ZHANG, QIAO ZHIANG and QI JI HUANG, : CIVIL ACTION - LAW Plaintiff V. NO. 06-1341 GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants : JURY TRIAL DEMANDED Respectfully submitted, SSY & WALKER GROUP HENl)W B. BRIAN WALKER, ESQUIRE Attorne I. D. No. 71927 142 West Market Street Suite 2 West Chester, PA 19382 Counsel for Plaintiff JO DUFFIE, STE ART & WEIDNER By: John A. Statler, Attorney I.D. No. 43812 301 Mat ket Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: /Z 277041 67560-24 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Stipulation 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 IAAay of (Q , 2006, addressed to the following: Brian J. Walker, Esquire Hennessy & Walker Group, P. C. 142 West Market Street West Chester, PA 19382 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. St-aft ,'re Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants E ? ? c ??_ NJ `,t 4 *.. DEC 0 6 2016 AA` NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., LYN YAN YAN, FLING WONG HUNG, YONG-CAN TENG, WANG PIU HUI, KIN CHUN CHENG, QI RONG ZHANG, JIANG ZHIYUAN, QIN ZHANG, ZHI D. CHEN, JIANG LIN, YAN JIANG, LING GAD, XIAO BING JIANG, QIAO ZHIANG, PEI ZHONG CHEN, CHEN QIAO LING, JIN LAN LIU, JASON JIANG, MU HUA LI, YUN LIN LI, RONG CHEN and QI JI HUANG, Plaintiff V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1341 JURY TRIAL DEMANDED AND NOW, this 9' day of December 2006, upon Stipulation of the parties, it is hereby ORDERED that paragraph 3 of the Plaintiffs' Complaint shall be amended to delete reference to Lyn Yan Yan, Yong-Dan Teng, Wang Piu Hui, Qi Rong Zhang, Jiang Zhiyuan, Zhi D. Chen, Jiang Lin, Yan Jiang, Ling Gad, Xiao Bing Jiang, Pei Zhong Chen, Chen Qiao Ling, Jin Lan Liu, Jason Jiang, Mu Hua Li, Yun Lin Li and Rong Chen. It is FURTHER ORDERED that the caption of this case is amended to read as follows: NATIONAL INDEMNITY CO. a/s/o : IN THE COURT OF COMMON PLEAS HUA ME[ EXPRESS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA FLING WONG HUNG, KIN CHUN CHENG, QIN ZHANG, QIAO ZHIANG and QI JI HUANG, : CIVIL ACTION - LAW Plaintiff V. NO. 06-1341 GARY L. JOHNSON and D. M. BOWMAN, INC., : Defendants : JURY TRIAL DEMANDED BY THE COURT: `._" ! l'D(f ee_f 1jU51 h 0 : ? P J 8- 030 90OZ ?C? AUV,i Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire I. D. No. 43812 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., FUNG WONG HUNG, KIN CHUN CHENG,QIN ZHANG, QIAO ZHIANG and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 06-1341 : JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL ANSWERS TO REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON PLAINTIFF AND NOW, this 4541 day of June, 2007, come the Defendant, Gary L. Johnson and D. M. Bowman, Inc., by and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and move for an Order compelling Plaintiff to comply with the requirements of outstanding discovery as follows: 1. The Defendants, Gary L. Johnson and D. M. Bowman, Inc., the moving parties herein, are represented in this matter by John A. Statler, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C., 301 Market Street, Lemoyne, Pennsylvania, 17043; telephone number (717) 761-4540, and facsimile number (717) 761-3015. 2. The Plaintiff, the responding party herein is National Indemnity Co., who is represented in this matter by Brian J. Walker, Esquire, Hennessy & Walker Group, P.C., 142 West Market Street, West Chester, PA 19382; telephone number (610) 431-2727, and facsimile number (610) 429-3750. 3. This case involves a claim for personal injuries to the Plaintiffs resulting from a motor vehicle accident which occurred on or about April 11, 2004. 4. On June 9, 2006, undersigned counsel for the Defendant requested the following information informally via electronic mail from the Plaintiffs counsel: a) Copy of the entire National Indemnity policy covering the subrogee, Hua Mei Express, at the time of the accident, including but not limited to all provisions relating to Personal Injury Protection (PIP) coverage and benefits and the Policy's Declaration sheets; b) Complete copies of all PIP files; C) Records for each passenger that made a PIP claim; and d) Identification of what state's PIP law the benefits were paid. (See, Electronic mail correspondence from John A. Statler to Brian Walker, dated June 9, 2006, attached hereto as Exhibit A). 5. The June 9, 2006 Electronic mail correspondence specifically asked Plaintiff's counsel to notify the requesting party if formal discovery requests would be required. See, Exhibit A). 6. Plaintiffs failed to produce the requested documents and Plaintiff's counsel never notified Defendants' counsel that a formal request would be necessary. 7. On September 13, 2006, Defendants' counsel again sent an electronic mail correspondence to Plaintiffs counsel asking for the documents previously requested. (See, Electronic mail correspondence from John A. Statler to Brian Walker, dated September 13, 2006, attached hereto as Exhibit B). 8. Plaintiffs failed to produce the requested documents and Plaintiffs counsel never notified Defendants' counsel that a formal request would be necessary. 9. For a third time, on April 25, 2007, Defendants' counsel sent an electronic mail correspondence to Plaintiffs counsel asking for the documents previously requested. See, Electronic mail correspondence from John A. Statler to Brian Walker, dated April 25, 2007, attached hereto as Exhibit C). 10. Following the April 25, 2007, email, on May 2, 2007, a formal Request for Production of Documents was served on Plaintiffs counsel. See, Defendants' Request for Production of Documents for Answer by the Plaintiff, dated May 2, 2007, attached hereto as Exhibit D). 11. As of the date of the filing of this Motion, only the declaration sheets and Business Auto Coverage Form of the applicable policy have been served by the Plaintiffs who have not filed any objections to the above-enumerated discovery items. 12. By reason of the foregoing, the Plaintiff has failed to timely respond to the Defendants' discovery, which is the subject of this Motion. 13. The Defendants require the Plaintiffs compliance with discovery to evaluate the Plaintiffs' claims involved in this matter and to defend against the Plaintiffs' action. WHEREFORE, the Defendants respectfully request that an Order be entered compelling the Plaintiff to respond to the discovery propounded by the Defendants which is the subject of this Motion. JOHNSON, DUFFIE, STEWART & WEIDNER By: AhA !qA Wade D. Ma le :299987 67560-24 ??OD(4 JN John A. Statler From: John A. Statler Sent: Friday, June 09, 2006 9:47 AM To: 'BWalker@subrogation.net' Subject: National Indemnity a/s/o Hua Mei Express v. Gary Johnson and DM Bowman Brian - Please send me a copy of the entire National Indemnity policy covering Hua Mei Express at the time of this accident including, but not limited to, all provisions relating to PIP coverage and benefits. Please include the dec sheets as well. Also, please send me complete copies of all PIP files and records for each passenger who made a PIP claim. Please also let me know under what state's PIP law the benefits were paid. If you need formal discovery requests, let me know. Thanks. John A. Statler, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 ph. (717) 761-4540 fax (717) 761-3015 jas@jdsw.com The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of this information by persons or entities other than the intended recipient is prohibited. If you receive this in error, please contact the sender and delete the material from any computer. Eyhi bi+ g John A. Statler From: John A. Statler Sent: Wednesday, September 13, 2006 1:54 PM To: 'BWalker@subrogation.net' Subject: National Indemnity /Hua Mei Express v. Gary Johnson and D M Bowman, Inc. Your File No. MATT-1008 Brian - I still need the PIP files and copy of National Indemnity's policy. I originally requested these documents from you over three months ago. How much longer will it take? John A. Statler, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 ph. (717) 761-4540 fax (717) 761-3015 jas@jdsw.com The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of this information by persons or entities other than the intended recipient is prohibited. If you receive this in error, please contact the sender and delete the material from any computer. ??Vf,t i+ C.., John A. Statler From: John A. Statler Sent: Wednesday, April 25, 2007 12:03 PM To: 'Brian J. Walker' Subject: National Indemnity a/s/o Hua Mei Express v. Gary Johnson and D M Bowman Your File # MATT - 1008 Brian - I cannot wait any longer for you to provide a copy of the National Indemnity policy as well as copies of the PIP records for the passengers who claimed injuries and received treatment after this accident. Please call me ASAP to discuss. My carrier is urging me to file a motion to compel. I'd like to avoid that if possible. John A. Statler, Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 ph. (717) 761-4540 Ext. 151 fax (717) 761-3015 jas@jdsw.com For more information about our comprehensive legal services, please visit us on the web at www.odsw.com The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of this information by persons or entities other than the intended recipient is prohibited. If you receive this in error, please contact the sender and delete the material from any computer. Fxh(bl'-f- D JERRY R. DUFFIE RICHARD W. STEWART MELISSA PEEL GREEVY ROBERT M, WALKER C. ROY WEIDNER, JR. WADE D. MANLEY EDMUND G. MYERS ELIZABETH D. SNOVER DELUCE DAVID W KELLY L. BONANNO . L A W O F F I C E S JOHN A. STATLER JEFFERSON J. SHIPMAN OF COUNSEL OHNSON B. RETTIG EFFREY J HORACE A. OHNSON i OSBORNE KEVIN E. Tr RALPH H. WRIGHT, JR. F1 r F. LEE SHIPMAN DUF MARK C. DUFFIE JJ???? (1965-2006) JOHN R. NINOSKY MICHAEL J. CASSIDY May 2, 2007 Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 19382 Re: National Indemnity Co. a/s/o Hua Mei Express, Inc. et al. v. Gary L. Johnson and D. M. Bowman, Inc. Cumberland County Civil Action No. 06-1341 Civil Term Dear Brian: I enclose a Request for Production of Documents for answer by National Indemnity Company in this case. As you know, I have been requesting this information from you for many months. Accordingly, if I do not receive the requested documents within 30 days, I will proceed with the filing of a motion to compel. Very truly yours, , DUFFIE, STEWART & WEIDNER John A. JAS/ch:296960 67560-24 Enclosure bcc: Mr. Scott Bowen (w/enclosure) Mr. Robert Wherry (w/enclosure) (Claim No.: 78048; Insured: D. M. Bowman; Driver: Gary Johson; D/L:4/11/04) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. Johnson, Duffle, 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 NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., FUNG WONG HUNG, KIN CHUN CHENG,QIN ZHANG, QIAO ZHIANG and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-1341 JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS TO: NATIONAL INDEMNITY CO., a/s/o HUA MEI EXPRESS, INC. FUNG WONG HUNG, KIN CHUN CHENG, QIN ZHANG, QIAO ZHIANG and QUI JI HUANG, Plaintiffs c/o BRIAN J. WALKER,ESQUIRE Hennessey & Walker 142 West Market Street Suite 2 West Chester, PA 19382 Pursuant to Pa. R. C. P. No. 4009, as amended, the Defendants, by their attorneys, Johnson, Duffie, Stewart & Weidner, requests you to produce copies of the following documents at its expense, within 30 days of service of this Request. INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegraphs, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody, or control. DOCUMENTS REQUESTED 1. A complete copy of the policy of insurance provided by National Indemnity Co. covering Hua Mei Express at the time of the April 11, 2004 motor vehicle accident including, but not limited to, all provisions relating to PIP or first party benefit coverage, declaration sheets, endorsements, etc. 2. All documents contained in any and all PIP files or first party benefit files for claims of individuals who were allegedly passengers on the Hua Mei Epress bus at the time of the April 11, 2004 accident. 3. All PIP and first party benefit records for Fung Wong Hung. 4. All PIP and first party benefit records for Kin Chun Cheng. 5. All PIP and first party benefit records for Qin Zhang. 6. All PIP and first party benefit records for Qiao Zhiang. 7. All PIP and first party benefit records for Qui Ji Huang. 8. All records of payment by National Indemnity Co. for property damages or other expenses for the Hua Mei Express bus. 9. All records of PIP payments or other first party benefit payments buy National Indemnity Co. for any passengers on the Hua Mei Express bus. 10. Any and all other discoverable documents or documents you intend to introduce into evidence, refer to or rely on during the trial or arbitration of this case. By: DATE: JOHNSON, DUFFIE, STEWART & WEIDNER John A. Statler, Esquire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 296931 67560-24 CERTIFICATE OF SERVICE AND NOW, this day of June, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 193821 JOHNSON, DUFFIE, STEWART & WEIDNER By: C rleen S. Jens n GIN - I TI c. Johnson, Duffie, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., FUNG WONG HUNG, KIN CHUN CHENG,QIN ZHANG, QIAO ZHIANG and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW : NO. 06-1341 JURY TRIAL DEMANDED AMENDMENT TO DEFENDANTS' MOTION TO COMPEL ANSWERS TO REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON PLAINTIFF AND NOW, this day of June, 2007, come the Defendants, Gary L. Johnson and D. M. Bowman, Inc., by and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and file the following Amendment to the Motion seeking Order compelling Plaintiff to comply with the requirements of outstanding discovery: 46 14. No judge has ruled on any issue in this matter or any related matter. 15. Plaintiff's do not consent to the instant Motion. WHEREFORE, the Defendants respectfully request that an Order be entered compelling the Plaintiff to respond to the discovery propounded by the Defendants which is the subject of this Motion. JOHNSON, DUFFIE, STEWART & WEIDNER By: L n4 V0 4 Wade D. nle :300723 67560-24 CERTIFICATE OF SERVICE AND NOW, this l day of June, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 193821 JOHNSON, DUFFIE, STEWART & WEIDNER By: dl?L C rleen S. Jens n r - s-. C? s T, NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., FUNG WONG HUNG, KIN CHUN CHENG, QIN ZHANG, QIAO ZHIANG and QI JI HUANG, Plaintiffs vs. GARY L. JOHNSON and D.M BOWMAN, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-1341 JURY TRIAL DEMANDED IN RE: DEFENDANTS' MOTION TO COMPEL ORDER AND NOW, this 2 t J day o-f June, 2007, a brief argument on the defendants' motion to compel answers is set for Thursday, August 2, 2007, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin . Hess, J. vo11an Walker, Esquire For the Plaintiffs 6e Xade Manley, Esquire For the Defendants 4 2 :rim YNVAIXSNN3d "t nn t1 10, CZ, . I 1 NV ZZ NAr 1001 AWIOKALOU?' 3" 40 JUN 072001,r+ NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., FUNG WONG HUNG, KIN CHUN CHENG,QIN ZHANG, QIAO ZHIANG and QI JI HUANG, Plaintiffs V. GARY L. JOHNSON and D. M. BOWMAN, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 06-1341 JURY TRIAL DEMANDED ORDER AND NOW, this day of a,,? ?.,•? 2007, upon consideration of the foregoing Motion to Compel Answers to Requests for Production of Documents, it is ORDERED that the Plaintiff, NATIONAL INDEMNITY CO. a/s/o HUA MEI EXPRESS, INC., FUNG WONG HUNG, KIN CHUN CHENG,QIN ZHANG, QIAO ZHIANG and QI JI HUANG, provide the requested documents within thirty (30) days of service of this Order. Failure to comply with this Order will result in sanctions, as provided by Pa.R.C.P. 4019. BY THE COURT: N N o N G C' d N' J 0 o O C 7- ?.? rT ? f -: ?.. C 6-3 fit F rn G3 .. w I r? Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 jas@jdsw.com Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. NATIONAL INDEMNITY CO. a/s/o IN THE COURT OF COMMON PLEAS HUA MEI EXPRESS, INC., FUNG WONG HUNG, CUMBERLAND COUNTY, PENNSYLVANIA KIN CHUN CHENG, QIN ZHANG, QIAO ZHIANG and QI JI HUANG, CIVIL ACTION - LAW Plaintiffs V. NO. 06-1341 GARY L. JOHNSON and D. M. BOWMAN, INC., : JURY TRIAL DEMANDED Defendants DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND NOW, come Defendants Gary L. Johnson and D. M. Bowman, Inc., by their attorneys, Johnson, Duffie, Stewart & Weidner, P. C. who move this Honorable Court for a Partial Summary Judgment based upon the following: 1. This matter arises out of a motor vehicle accident that occurred on April 11, 2004. 2. At the time of the accident, Plaintiff National Indemnity Company insured a 2003 tour bus owned and operated by Hua Mai Express, Inc. r- -b 3. The policy of insurance from National Indemnity Company covering the Hua Mai Express, Inc. bus was a Georgia Insurance policy. 4. Following this Pennsylvania accident, Plaintiff National Indemnity Company paid first-party (PIP) medical and wage loss payments on behalf of Fung Wong Hung, Kin Chun Cheng, Qin Zhang, Qiao Zhiang and Qi Ji Huang. These first-party medical and wage loss payments were paid under New York Motor Vehicle No-Fault Insurance Law. 5. There was no legal basis for Plaintiff National Indemnity Company to have paid any New York no-fault or first-party benefits as a result of this accident. 6. The State of Georgia does not require first-party (PIP) coverage and the National Indemnity policy written under Georgia law for Hua Mai Express, Inc. did not have no-fault, first-party or PIP coverage. 7. Pennsylvania does not permit subrogation of first-party (PIP) payments. 75 Pa. C.S.A. §1720. 8. Any payments made by the Plaintiff under New York no-fault or first-party (PIP) law were voluntary payments and are not legally recoverable in this case. 2 ` a 9. The Honorable Kevin A. Hess previously issued an Order granting Defendants' Motion to Compel Production of Documents. WHEREFORE, Defendants Gary L. Johnson and D. M. Bowman, Inc. request this Honorable Court to grant the Defendants' Motion for Partial Summary Judgment and to dismiss the Plaintiffs' claims for medical and indemnity payments in this case. Respectfully submitted, DATE: & / Z 3 >d ff 336261 JOHNSON, DUFFIE, STEWART & WEIDNER yB John A. Statler, wire Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants Gary L. Johnson and D. M. Bowman, Inc. 3 CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Defendants' Motion for Partial Summary Judgment upon all parties or counsel of record by depositing a copy of same in tie United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 2 3 r( d/'ay of ?'?'? e , 2008, addressed to the following: Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 West Market Street West Chester, PA 19382 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY' (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) NATIONAL INDEMNITY CO. A?S?O HUA MEI EXPRESS, INC., FUNG WONG HUNG, KIN CHUN MM, QIN ZHANG, QIAO ZHIANG and QI HI HUANG V5. GARY L. JOHNSON and D.M. BOWMAN, INC. No. 1341 1 2006 Tenn 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.):* Defendants' Motion for Partial 5umrary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Brian J. Walker, Esquire; Hennessy & Walker Group, P.C. (Name and Address) 142 West Market Street West Chester. PA 19382 (b) for defendants: .John A Rha-Flare Fa?rnii_raf Tnhnson., Duffigf Staoa? & Weidner P.C. Name and Address) 301 Market Street; P.O. Box 09 Lemoyne, PA 17043-0109 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 3, 2008 John A. Statler, Esquire Print your name Defendants Attorney for Date: June 23, 2008 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief b days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. r? `?i ?. ??` ` r?? }'_? °?? ?: ?.. ,_ ` ?.}' --; ?. ; "?; ?,? .. s c? Brian J. Walker, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 71927 National Indemnity Company A/S/O Hua Mei Express Vs. I Gary L. Johnson And D.M. Bowman, Inc. To The Prothonotary: Attorney for Plaintiffs In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action - Law No: 06-1341 Praecipe Please mark the above captioned case as Settled, Discontinued and Ended. /1-4an J. Walker, Esquire AIC Fil ; 2009 AUG 26 Ph 3: 41 EY