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HomeMy WebLinkAbout02-1481THOMAS H. GODDARD and, MARJORIE GODDARD, Plaintiffs V. ALEXIS LASKOWSKI, CLIFFORD HANNER and LINDA HANNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. da- I q g I CIVIL TERM PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons on behalf of the Plaintiffs, Thomas H. Goddard and Marjorie Goddard, against the following Defendants: Alexis Laskowski 307 Glenn Avenue Boiling Springs, PA 17007 Clifford C. Hanner 6203 Whitehall Road Mechanicsburg, PA 17055 Linda Harmer 6203 Whitehall Road Mechanicsburg, PA 17055 DATE: 3 to i B ? 'ffie, Fdquire orney for Plaingff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 .7d _T) r7 V_ Q r n " t ?.t 1J1 f '4 -7 2 C C' G3 t } cJ rh) <S <n r? ?i N THOMAS H. GODDARD and, MARJORIE GODDARD, Plaintiffs V. ALEXIS LASKOWSKI, CLIFFORD HANNER and LINDA HANNER, Defendants TO: Alexis Laskowski 307 Glenn Avenue Boiling Springs, PA 17007 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. Oa `IT 0 I CIVIL TERM You are hereby notified that Thomas H. Goddard and Marjorie Goddard, have commenced an action against you. DATE: MAO 4 J(J2r 93:1 0 ( I str? g - --" otary By: Q (? - &U ProthonI j ,:) (Deputy) THOMAS H. GODDARD and, MARJORIE GODDARD, Plaintiffs V. ALEXIS LASKOWSKI, CLIFFORD HANNER and LINDA HANNER, Defendants TO: Linda Hanner 6203 Whitehall Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 0,,1 - / q 0 CIVIL TERM You are hereby notified that Thomas H. Goddard and Marjorie Goddard, have commenced an action against you. DATE: Jon9- k , 4""' Prothonotary By: lw?-?4 (Deputy) THOMAS H. GODDARD and, MARJORIE GODDARD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ALEXIS LASKOWSKI, CLIFFORD No. da , I q ? 1 CIVIL TERM HANNER and LINDA HANNER, 7 Defendants WRIT OF SUMMONS TO: Clifford C. Hanner 6203 Whitehall Road Mechanicsburg, PA 17055 You are hereby notified that Thomas H. Goddard and Marjorie Goddard, have commenced an action against you. DATE:-f ? o2lQ/ CXW? ?' T. A?I1?1, honotary By: Prot(?4x&"J kiLon? (Deputy) THOMAS H. GODDARD and, : IN THE COURT OF COMMON PLEAS OF MARJORIE GODDARD, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW ALEXIS LASKOWSKI, CLIFFORD No. 02-1481 CIVIL TERM HANNER and LINDA HANNER, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 loose 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 THOMAS H. GODDARD and, : IN THE COURT OF COMMON PLEAS OF MARJORIE GODDARD, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW ALEXIS LASKOWSKI, CLIFFORD No. 02-1481 CIVIL TERM HANNER and LINDA HANNER, Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Thomas H. Goddard and Marjorie Goddard, (hereinafter referred to individually as "Plaintiff Thomas Goddard" and "Plaintiff Marjorie Goddard" respectively or jointly as "Plaintiffs") are adult individuals currently residing at 2 Neptune Court, Hilton Head Plantation, Hilton Head Island, South Carolina. 2. Defendant Alexis Laskowski (hereinafter referred to as "Defendant Laskowski") is an adult individual currently residing at 307 Glenn Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Defendants Clifford C. Hanner and Linda Hanner (hereinafter referred to as "Defendants Hanner") are adult individuals currently residing at 6203 White Hall Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On or about May 12, 2000, Plaintiff Thomas Goddard was the owner of a certain 1993 Jeep Grand Cherokee automobile which was involved in an accident described herein. 5. On the aforesaid date, at approximately 8:47 p.m. Plaintiff Thomas Goddard was operating the aforementioned automobile in a southerly direction on Interstate 81 in Silver Springs Township, Cumberland County, Pennsylvania, at a point approximately 200 feet south of the intersection of State Route 114 and Interstate 81. 6. At the aforesaid time and place, Plaintiff's vehicle was violently struck in the real by a 1996 Chevrolet Lumina owned by Defendants Hanner, which was being operated by Defendant Laskowski in a southerly direction on Interstate 81, behind and in the same lane as Plaintiff Thomas Goddard's vehicle. 7. At the time of the accident herein described, Plaintiff Thomas Goddard was lawfully operating his vehicle within the posted speed limits and properly maintained the vehicle within the right-hand southbound lane of Interstate 81. 8. At all times relevant hereto, Defendant Laskowski had full authority and consent to operate the vehicle of Defendants Hanner. 9. The aforesaid accident and collision was directly and approximately caused by the negligence and carelessness of Defendant Laskowski, which consisted, among other things, of the following: a.) operating his vehicle in a careless, reckless, and negligent manner; b.) operating his vehicle in an excessive rate of speed under the circumstances; c.) operating his vehicle with no warning of approach or intended direction; d.) not having control his vehicle so as to stop his vehicle within the assured clear distance ahead in violation of 75 Pa. Cons. Stat. § 3361. e.) operating his vehicle without due regard to the right, safety, and position of Plaintiff Thomas Goddard; f.) failing to have his vehicle under proper control so as to prevent his vehicle from striking the Plaintiff Thomas Goddard's vehicle; g.) failing to keep a proper look out; h.) failing to use due care under the circumstances; i.) failing to notice the motor vehicle of Plaintiff Thomas Goddard; j.) upon noticing motor vehicle of Plaintiff Thomas Goddard, failing to the yield right of way to Plaintiff Thomas Goddard; k.) failing to take evasive action in order to avoid impacting with Plaintiff Thomas Goddard's vehicle 1.) failing to apply his brakes in sufficient time to avoid striking Plaintiff Thomas Goddard's vehicle, which was operating within the speed limits of the highway; m.) operating his vehicle while under the influence of alcohol or controlled substance; n.) operating his vehicle with disregard of the rules of the road and the law of the Commonwealth of Pennsylvania and its subdivision, including but not limited to the Motor Vehicle Code 75 Pa.C.S. §§ 3310(a), 3361, 3362, and 3714. o.) such other acts of negligence, carelessness and recklessness as may be determined in the process discovery and/or at trial. 10. At all times relevant to the accident described herein, Defendant Laskowski was operating Defendants Hanners' vehicle with full authority, consent and entrustment. 11. Defendant Laskowski has accepted entry into the Accelerated Rehabilitated Disposition (ARD) program due to the fact that he was Driving Under the Influence of alcohol or controlled substance at the time of the aforesaid accident. 12. Defendants Hanner are directly and approximately responsible for the injuries incurred by Plaintiffs as hereinafter described due to their negligent of entrustment of the vehicle to Defendant Laskowski, as though they had been operating the vehicle themselves. 13. At all times relevant hereto, Plaintiff Thomas Goddard acted with due care and was not contributory negligent. COUNTI Plaintiff Thomas Goddard v. Defendant Laskowski 14. Plaintiff Thomas Goddard incorporates paragraph 1 through 13 of the foregoing Complaint in this paragraph as if set forth in their full text. 15. As a result of Defendant Laskowski's negligence, Plaintiff Thomas Goddard sustained the following injuries: rotator cuff tear or strain, adhesive capsulitis, chronic impingement syndrome, rotator cuff tendentious, concussion, subdural hematoma, epedurial hematoma, skull fracture, scalp abrasion, intraarticular elbow laceration 16. As a direct and proximate result of Defendant Laskowski's negligence, Plaintiff Thomas Goddard has suffered great bodily pain and suffering, as well as mental anxiety and nervousness, to his great loss. 17. As a further result of the aforesaid collision, Plaintiff Thomas Goddard, has sustained serious injuries and/or has/may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amount paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, workers compensation, or any program, group contract or other arrangement for payment of benefits as defined in 75 Pa.C.S.A. § 1719, or which costs and expenses were paid by self-funded medical plan governed by ERISA. 18. As a further result of the aforesaid collision and the injuries sustained by Plaintiff Thomas Goddard, Plaintiff Thomas Goddard has incurred or may hereinafter incur financial expenses and losses that exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle finance responsibility law for which damages are claimed. 19. As a result of Defendant Laskowski's negligence, Plaintiff Thomas Goddard suffered interruption of his daily habits and pursuits to his great detriment and loss. 20. As a result of Defendant Laskowski's negligence, Plaintiff Thomas Goddard sustained a total loss of his motor vehicle of reasonable value, incurred towing and storage charges of reasonable cost, and incurred the loss of other personal property. 21. Plaintiff Thomas Goddard was the named insured on a policy of insurance issued to him by West American Insurance Company of the Ohio Casualty Group bearing policy number DPW09353474 which was in effect on the date of the above referenced collision, and upon which Plaintiff, Thomas Goddard was a listed driver and, further, for which Plaintiff Thomas Goddard selected the full-tort option regarding said policy. 22. As a result of the aforesaid insurance coverage, Plaintiff Thomas Goddard remains eligible to claim compensation for non-economic loss and economic losses sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff Thomas Goddard demands judgment against Defendant Laskowski's in an amount in excess of $25,000.00, exclusive of interest and costs, and otherwise in an amount in excess of the amount requiring compulsory arbitration. COUNT II Plaintiff Thomas Goddard v. Defendants Hanner 23. Plaintiff Thomas Goddard incorporates paragraph 1 through 22 of the foregoing Complaint in this paragraph as if set forth in their full text. 24. As a result of Defendant Hanners' negligence, Plaintiff Thomas Goddard sustained the injuries, pain and suffering, medical bills and expenses, interruption of his daily habits and pursuits and property damages and losses as described above. WHEREFORE, Plaintiff Thomas Goddard demands judgment for compensatory damages against Defendant Laskowski's in an amount in excess of $25,000.00, exclusive of interest and costs, and otherwise in an amount in excess of the amount requiring compulsory arbitration. COUNT III Plaintiff Mariorie Goddard v. Defendant Laskowski 25. Plaintiff Marjorie Goddard incorporates paragraphs 1 through 24 of the foregoing Complaint in this paragraph as if set forth in their full text. 26. As a result of Defendant Laskowski's negligence, Plaintiff Marjorie Goddard has been deprived of the society, companionship, contributions and consortium of her husband, Plaintiff Thomas Goddard, to her great detriment and loss. 27. As a result of Defendant Laskowski's negligence, Plaintiff Marjorie Goddard has incurred and will in the future, incur medical bills and expenses to assist in the treatment of her husband, Plaintiff Thomas Goddard's injuries. 28. As a result of Defendant Laskowski's negligence, Plaintiff Marjorie Goddard has suffered a disruption in her daily habits and pursuits and a loss of enjoyment of life. WHEREFORE, Plaintiff Marjorie Goddard demands judgment for compensatory damages against Defendant Laskowski in an in excess of $25,000.00, exclusive of any interest and cost, and otherwise in an amount in excess of the amount requiring compulsory arbitration. COUNT IV Plaintiff Mariorie Goddard v. Defendants Hanner 29. Plaintiff Marjorie Goddard incorporates paragraphs 1 through 28 of the foregoing Complaint in this paragraph as if set forth in their full text. 30. As a result of Defendant Hanners' negligence, Plaintiff Marjorie Goddard incurred the losses and expenses as hereinbefore described. WHEREFORE, Plaintiff Marjorie Goddard demands judgment for compensatory damages against Defendants Hanner in an in excess of $25,000.00, exclusive of any interest and costs, and otherwise in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, 4yf ffie, Esquire or Plaintiffs GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION We verify that the statements made in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 9119/412- _ THO S H. GODDARD DATE: M E GODDARD THOMAS H. GODDARD and MARJORIE GODDARD Plaintiffs, V. ALEXIS LASKOWSKI, CLIFFORD HANNER and LINDA HANNER Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1481 CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Enter the appearance of Edward E. Knauss, IV, Esquire, on behalf of Defendants Alexis Laskowski, Clifford Hanner and Linda Hanner. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 0 Z BY Dated: l r Ed and E. Knauss, IV, Esquire Document 4:243171.1 CERTIFICATE OF SERVICE AND NOW, this 1" day of October, 2002, I, Edward E. Knauss, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendants, hereby certify that I served a copy of the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Bradley I. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 ward E. Knauss, IV Document #: 243171.1 o MI U) Gm ? -' 1 L, ?C ?? err SHERIFF'S RETURN - REGULAR CASE NO: 2002-01481 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOODDARD THOMAS H VS LASKOWSKI ALEXIS ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CLIFFORD C the DEFENDANT , at 2005:00 HOURS, on the 23rd day of September, 2002 at 6203 WHITE HILL ROAD MECHANICSBURG, PA 17055 by handing to CLIFFORD HANNER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 8,28 Affidavit .00 Surcharge 10.00 .00 24.28 Sworn and Subscribed to before m((ethis 7 day of A. D. 'Prothonotary So Answers: R. Thomas Kline 09/24/2002 GRIFFIE & ASSOCIATES By: Deputy sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-01481 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOODDARD THOMAS H ET AL VS KOWSKI ALEXIS ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon NDA DEFENDANT the , at 2005:00 HOURS, on the 23rd day of September, 2002 at 6203 WHITE HILL ROAD MECHANICSBURG, PA 17055 by handing to LINDA HANNER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 7t,- day of U e0._, J A. D. 'Prothonotary So Answers: R. Thomas Kline 09/24/2002 GRIFFIE & ASSOCIATES By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-01481 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOODDARD THOMAS H ET AL VS LASKOWSKI ALEXIS ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ALEXIS the DEFENDANT , at 1250:00 HOURS, on the 24th day of July , 2002 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ SLE, PA 17013 by handing to ALEX LASKOWSKI a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this J day of A.D. Prothonotary' So Answers: R. Thomas Kline 09/24/2002 GRIFFIE &: ASSOCIATES By: 1J? OJ flCLrvnOYt - ? / }/- &6e Deputy Sheriff THOMAS H. GODDARD and : IN THE COURT OF COMMON PLEAS OF MARJORIE GODDARD : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : NO. 02-1481 V. : CIVIL ACTION LAW ALEXIS LASKOWSKI, CLIFFORD : HANNER and LINDA HANNER . Defendants. : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs Thomas H. Goddard and Marjorie Goddard c/o Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Dated: October 11, 2002 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Ed Z--?uss, Esquire, I.D. No. 19199 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendants Document #: 243331.1 THOMAS H. GODDARD and IN THE COURT OF COMMON PLEAS OF MARJORIE GODDARD CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 02-1481 V. CIVIL ACTION LAW ALEXIS LASKOWSKI, CLIFFORD : HANKER and LINDA HANNER . Defendants. JURY TRIAL DEMANDED ANSWER OF DEFENDANT TO THE COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied that Plaintiffs, vehicle was struck violently. 7. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 8. Denied that Defendants Hanner had given Defendant Laskowski full authority and consent. 9. Denied. 10. Denied that Defendant Laskowski was operating the vehicle with the full authority, consent, and entrustment of the Defendants, Clifford and Linda Hanner. Document #: 243331.1 11. Admitted that Defendant Laskowski accepted entry into the ARD program. The remaining averments are denied. 12. Denied. It is denied that Defendants Hanner entrusted the vehicle to Defendant Laskowski. It is denied that Defendants Hanner were negligent in any way. All the averments in paragraph 12 are denied. 13. Denied. WHEREFORE, Defendants demand that the Complaint be dismissed, and judgment be entered in their favor with costs. COUNTI Plaintiff Thomas Goddard v. Defendant Laskowski 14. Preceding paragraphs 1 through 13 are incorporated herein by reference and made a part hereof. 15. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 16. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 17. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. Document #: 243331.1 18. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 19. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 20. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 21. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 22. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. WHEREFORE, Defendants demand that the Complaint be dismissed and that judgment be entered in their favor with costs. COUNT II Plaintiff Thomas Goddard v. Defendants Hanner 23. Preceding paragraphs 1 through 22 are incorporated herein by reference and made a part hereof. Document #: 243331.1 24. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. WHEREFORE, Defendants demand that the Complaint be dismissed and that judgment be entered in their favor with costs. COUNT III Plaintiff Marjorie Goddard v Defendant Laskowski 25. Preceding paragraphs 1 through 24 are incorporated herein by reference and made a part hereof. 26. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 27. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 28. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. WHEREFORE, Defendants demand that the Complaint be dismissed and that judgment be entered in their favor with costs. Document #: 243331.1 COUNT IV Plaintiff Marjorie Goddard v Defendants Hanner 29. Preceding paragraphs 1 through 28 are incorporated herein by reference and made a part hereof. 30. Denied, since after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. WHEREFORE, Defendants demand that the Complaint be dismissed and that judgment be entered in their favor with costs. NEW MATTER The claims of the Plaintiff are, or may be limited, pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 2. Plaintiffs have been, or may have been paid various items of damage which they are claiming and therefore cannot recover those items in this case. WHEREFORE, Defendants demand judgment in their favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: October 11, 2002 Document #: 243331.1 VERIFICATION I, Alex Laskowski„ do hereby verify that the facts set forth in the foregoing Answer of Defendant to the Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: /0, q -o02 Gam- 44m-u - Alex Laskowski Document #: 243331.1 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 4 ?/ By: Az_e"? Edward E. Knauss, IV, Esquire Dated: October 11, 2002 Document #: 243331.1 >- CO rT' Cv - T J I c_ Li r Q ": Lt- .c_ U u l /o/i?, I THOMAS H. GODDARD and, : IN THE COURT OF COMMON PLEAS OF MARJORIE GODDARD, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW ALEXIS LASKOWSKI, CLIFFORD : No. 02-1481 CIVIL TERM HANNER and LINDA HANKER, Defendants JURY TRIAL DEMANDED PLAINTIFFS' ANSWERS TO DEFENDANT LASKOWSKI'S NEW MATTER --------------- Denied. The averments of paragraph 1 of Defendant's New Matter are legal conclusions to which no response is required and they are therefore denied. 2. Denied. It is denied that Plaintiffs have been or may have been paid various items of damages for which they are demanding recovery. It is further denied that Plaintiffs are unable to recover the damages claimed. WHEREFORE, Plaintiffs requests your Honorable Court to dismiss Defendants New Matter and enter judgment as claimed in Plaintiffs Complaint. Respectfully submitted, . Uri ie, Esquire sneyfor Plaintiffs GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 THOMAS H. GODDARD and, MARJORIE GODDARD, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ALEXIS LASKOWSKI, CLIFFORD No. 02-1481 CIVIL TERM HANNER and LINDA HANNER, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, jBrradley L. Griffie, Esquire, hereby certify that I did, the .3 ) S f- day of (?c b eC' , 2002, cause a copy of Plaintiffs Answer to Defendant Lawkowski's New Matter to be served upon Defendant's attorney of record by first class mail, postage prepaid at the following addresses: Edward E. Knauss, Esquire METZGER WICKERSHAM P.O. Box 5300 Harrisburg, PA 17110-0300 DATE: ,6 3 l 6 )-- ;]JGrif ,Esquire ey for aintiffs GRIFFIE ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 VERIFICATION We verify that the statements made in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: \O ZI 10Z DATE: 1011111,04-z THOMAS H. GODDARD MA E GODDARD rt-. Cf! _' r THOMAS H. GODDARD and MARJORIE GOODARD, Plaintiffs V. ALEXIS LASKOWSKI, CLIFFORD HANKER and LINDA HANNER, Defend IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-1481 CIVIL ACTION - LAW ants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw my appearance on behalf of the Plaintiffs in the above-captioned action. Date: 3 / I ? 10, 3 z-uu North Hanover Street Carlisle, PA 170:13 717/243-5551 Counsel for Plaintiffs CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm o:f Navitsky, Olson & Wisnes certify that a true and correct copy of the foregoing pRAECIpE FOR WITHDRAWAL, OF APPEARANCE was served upon the following persons by first-class United States mail, postage prepaid on March 24, 2003 as follows: Edward E. Knauss, IV, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Counsel for Defendants Lois E. Stauffer r--.., C= {`- c..• r.-, :-; ,. , a`; ;. `. -- - -?-' ? •` ? • C .? r.? A • _ _ 47 ?_ ?Jt CIS ` ° THOMAS H. GODDARD and MARJORIE GOODARD, Plaintiffs V. ALEXIS LASKOWSKI, CLIFFORD HANKER and LINDA HANKER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-1481 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance on behalf of the Plaintiffs in the above-captioned action. Wisneski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiffs NAVITSKY, OLSON & WISNESKI LLP David Date: March 24, 2003 CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE was served upon the following persons by first-class United States mail, postage prepaid on March 24, 2003 as follows: Edward E. Knauss, IV, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Counsel for Defendants Lois E. Stauffer r, _., c: .. -.-. ;,? - ? r??_ . _? G, ;, CJ) . C: ' - L'?. °ri , J _ . ? •, _ ? .7 - 't cj? THOMAS H. GODDARD and : IN THE COURT OF COMMON PLEAS OF MARJORIE GODDARD : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 02-1481 V. CIVIL ACTION LAW ALEXIS LASKOWSKI, CLIFFORD : HANNER and LINDA HANNER . Defendants. : 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, Defendants certify that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty 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. METZGER, WI?CKERSHAM, KNAUSS & ERB, P.C. By: -55-7 Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: 281959-1 THOMAS H. GODDARD and : IN THE COURT OF COMMON PLEAS OF MARJORIE GODDARD : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : NO. 02-1481 V. CIVIL ACTION LAW ALEXIS LASKOWSKI, CLIFFORD : HANNER and LINDA HANNER . Defendants. : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA ON HERSHEY MEDICAL CENTER TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a subpoena on Hershey Medical Center identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: J5- 08-013, 280511-1 THOMAS H. GODDARD and MARJORIE GODDARD Plaintiffs, V. ALEXIS LASKOWSKI, CLIFFORD : HANNER and LINDA HANNER Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1481 CIVIL ACTION LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (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: entire medical file including but not limited to notes, memorandums, radiology reports, progress reports correspondence etc. pertaining to Thomas Goddard; DOB: 2/3/40: SSN: 206-30-2560 at: Metzger Wickersham, Attention: Angie, 3211 North Front Street Harrisburq, Pa 17110 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 of produce 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: Edward E. Knauss, IV, Esquire Address: 3211 North Front Street Harrisburq, Pa 17110 Telephone Number: 717-238-8187 Supreme CourtID # 19199 Attorney for: Defendants Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 280510-1 CERTIFICATE OF SERVICE I, Angela M. Flynn, an employee of Metzger, Wickersham, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. a . Flynn Dated: 15- 66 .03. 280511-1 CERTIFICATE OF SERVICE I, Angela M. Flynn, an employee of Metzger, Wickersham, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Angela Iii. Flynn Dated: (-C)'?a- 0 ? 281959-1 C c.., 1 Hirt, - Z71, THOMAS H. GODDARD and MARJORIE GOODARD, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiffs V. NO. 02-1481 CIVIL ACTION - LAW ALEXIS LASKOWSKI, CLIFFORD HANNER and LINDA HANNER, Defendants JURY TRIAL DEMANDED STIPULATION FOR DISCONTINUANCE WITH PREJUDICE It is hereby stipulated by the parties in the above action that all claims against Defendants, Clifford Harmer and Linda Hanner, are discontinued with prejudice. This dismissal does not apply to the claims asserted against Defendant Alexis Laskowski. Plaintiffs specifically preserve their right to pursue all claims asserted against Alexis Laskowski. METZGER, WICKERSHAM, KNAUSS & ERB?P. P.C. By ,'/zG?? Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 N. Front St., P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendants, Clifford Hanner, Dated: 03 Linda Harmer. and Alexis Laskowski NAVITSKY OLSON & WISNESKI LLP By David S. isneski, Esquire 2040 Linglestown Rd., Suite 303 Harrisburg, PA 17110 (717) 541-9205 Dated: -c? Attorneys for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this ///day of November, 2003, I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Stipulation for Discontinuance with Prejudice this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 dward E. Knauss, IV 292079-1 y °c -? ? ? ? C7 c? <1 ?' G..? ;l -?« ? ?, ,?? - ?, U; _ r t. ?? ? -; - ?t_ rn ? r_= .. _, ?-+ `7 \J -q ?? THOMAS H. GODDARD and MARJORIE GODDARD, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1481 V. ALEXIS LASKOWSKI, CLIFFORD HANNER and LINDA HANNER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Edward E. Knauss, IV, Esquire, on behalf of the Defendants Alexis Laskowski, Clifford Harmer and Linda Harmer and enter the appearance of Andrew W. Norfleet, Esquire on behalf of Defendants Alexis Laskowski, Clifford Harmer and Linda Hanner in the above captioned matter. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By _. Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attolmey for e efendants. By j Andre -W. Norflee, s Attorney I.D. No. 83894 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for the Defendants Dated: 324649-1 CERTIFICATE OF SERVICE AND NOW, this _ day of April, 2005, 1, Andrew W. Norfleet, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorney for Defendants, Alexis Laskowski, Clifford Hanner and Linda Harmer, hereby certify that I served the foregoing Defendant, Alexis Laskowski, Clifford Harmer and Linda Harmer's Praecipe for Withdrawal and Entry of Appearance this day by postage paid United States mail, addressed to: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Andrew W.1Norfleet, E§qui?e 324649-1 ?, t.? ?? -1 <. ? ' G __ [ i. . ? l ?? Curtis R. Long Prothonotary office of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ()a - / l1 A j CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573