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HomeMy WebLinkAbout02-1678 KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO. 6060 Carlisle Pike Mechanicsburg, P A 17050 : NO. O~ - /(P'1;? C/VI'( PERRY D. WOLFORD 1268 Stauton Southaven, MS 38671 : JURY TRIAL DEMANDED SCHNEIDER NATIONAL/METLER GLASS One Schneider Drive Carlisle, P A 17013 JOHNNY MASSENGILL 2515 Lake City Highway Clinton, TN 37716, Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff for service on Defendants. Karen Durkin. ESQuire Jarad W. Handelman. ESQuire P.O. Box 650 Hershev. P A 17033-0650 (717) 533-3280 Names/ Addressffelephone No. c...~/- ; Date: t/ /~/ t'cJ, , ' KENNETH P. MCDONALD and CAROLYN 1. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO. 6060 Carlisle Pike Mechancisburg, P A 17050 : NO. : JURY TRIAL DEMANDED PERRY D. WOLFORD 1268 Stauton Southaven,MS 38671 METLER GLASS/SCHNEIDER NATIONAL One Schneider Drive Carlisle, P A 17013 JOHNNY MASSENGILL 2515 Lake City Highway Clinton, TN 37716, Defendants WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HA VB COMMENCED AN ACTION AGAINST YOu. Date:-Ar r; 1':;.,..)002 iJ/(3,,,,iJ, ,f;(? ~1ra ffl1 ~, Deputy ~ by ( ) Check here ifreverse is issued for additional information , . . .:j::::> ~ C[ ..c- o 0 ~ c: N <:1 € "t1ffi :boo '--I Y'\ ~~ ." ::0 ;;r:.." ~ Q I <l~ (/)~ -f"! i~n ~ 0 d ~.2 (J1 )l!~? ....... ---u V) .,-C") ~'Q ~ ~ ." '1" W ~ '--U ;&;8 :x r3-n ~ ~ .',-'0 (} cS ~ ~ r:-? (5m --I ~ =< N SJ ~ P eX) -< .., 7"" ::J ilijllal,._tilllill<t,~ ___.__._...",,,,,,,,,,,,m, ", KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs vs. OVERNITE TRANSPORTATION CO. 6060 Carlisle Pike Mechanicsburg, P A 17050 PERRY D. WOLFORD 1268 Stauton Southaven,MS 38671 SCHNEIDER NATIONAL/METLER GLASS One Schneider Drive Carlisle, PA 17013 JOHNNY MASSENGILL 2515 Lake City Highway Clinton, TN 37716, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-1678 : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Plaintiffs, with respect to the above-captioned matter. Dated: 4f;./ 0,2- Respectfully submitted, JAMES, MITH, DURKIN & CONNELLY, LLP By: ,- URKIN, ESQUIRE Attorney 1.D. #29563 JARAD W. HANDELMAN, ESQUIRE Attorney 1.D. #82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiffs A'-,- . 2 0 0 1-.) -n ~ ~ :~\Jl -oW ~~, -::0 - "-'8 ze- '- ~<? 0" :,~;t.J c<:C -0 J~"J;4 ,%0 ::l' \;~~(~ ~2 ~ .(-;:--fll ~ ~ C'" };- .C'" ~ \05_ AILlAB\TJM\LLPG\93722\1MF\15000\50000 KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of Defendants, Overnite Transportation Company and Perry D. Wolford, only, in the above-captioned case. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: AertlL 17, 2~2- BY: TIM THY LD. No. 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants, Overnite Transportation Company and Perry D. Wolford KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONALIMETLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Wamer, Coleman & Goggin, do hereby ~ certify that on this ~ day of April, 2002, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Karen Durkin, Esquire Jarad W. Handelman, Esquire Smith, James & Durkin PO Box 650 Hershey, PAl 7033-0650 Attorneys for Plaintiff Schneider NationallMetler Glass One Schneider Drive Carlisle, PA 17013 Johnny Massengill 2515 Lake City Highway Clinton, TN 37716 ~~" "'.~ Jo . Parr (') c: ;:: "'0(;:' nlrTl ZI. Z' en :;:t:: -<L- ~C) ~n Z(i Pc ~ o N "'" " :::u o "Tl -, T:"n l:p ..,:m ':'0 ')(:-J :'1~=H '-)0 (3m -, 55 -< ,~ ~ ~ ~ J.) ....) 105_ AILlABITJMlLLPG\937251lMF\1 5000150000 KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiffs, Kenneth P. McDonald and Carolyn J. McDonald, to file a Complaint within twenty (20) days of service of the Rule or risk a judgment of Non Pros. MARSHALL, DENNEHEY, WARNER, COLEMAN AND OGGIN DATE: I\~'L 17 I 2t:J.J2.. BY: TIMO . c ON, ESQUIRE LD. No.: 529 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants, Overnite Transportation Company and Perry D. Wolford RULE AND NOW, this lJ!!:.&y of fJr ;., ~ ,2002, upon consideration of the foregoing Praecipe, a Rule is hereby issued upon the Plaintiffs, Kenneth P. McDonald and Carolyn 1. McDonald, to file a Complaint within twenty (20) days or suffer judgment of Non Pros. SEAL KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby ~ certify that on this \ ~ day of April, 2002, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Karen Durkin, Esquire Jarad W. Handelman, Esquire Smith, Jarnes & Durkin PO Box 650 Hershey, P A 17033-0650 Attorneysfor Plaintiff Schneider NationallMetler Glass One Schneider Drive Carlisle, P A 17013 Johnny Massengill 2515 Lake City Highway Clinton, TN 37716 ~,,\.~ \\\.~ Jo . Parr (') C> ~ c: N ;!: ".. :::! -c.'lTl -U ::;l~! mn~ ::0 z:r:j -~l~n tj);: '",0 \D ('\'-, ~.Z: ~C; -0 .:;l--i-I ,;;':S::!J ~~C: :!t :7 C) L-("""'" ~ 7'~m )>C _J ..... ~ <="" 55 0::> -< . . I KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO. 6060 Carlisle Pike Mechanicsburg, P A 17050 : NO. 02-1678 PERRY D. WOLFORD 1268 Stauton Southaven, MS 38671 : .fURy TRIAL DEMANDED SCHNEIDER NATIONAL/METLER GLASS One Schneider Drive Carlisle, PA 17013 JOHNNY MASSENGILL 2515 Lake City Highway Clinton, TN 37716, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-1133 KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO. 6060 Carlisle Pike Mechanicsburg, P A 17050 : NO. 02-1678 PERRY D. WOLFORD 1268 Stauton Southaven, MS 38671 : JURY TRIAL DEMANDED SCHNEIDER NATIONAL/METLER GLASS One Schneider Drive Carlisle, P A 17013 JOHNNY MASSENGILL 2515 Lake City Highway Clinton, TN 37716, Defendants NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted qui ere defenderse de estas demandas edxuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su corte tomara medidas y puede entrar una orden contra usted alivio que es pedido en la peticion de demanda. Usted puedo perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR AL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-1133 KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO. 6060 Carlisle Pike Mechanicsburg, P A 17050 : NO. 02-1678 PERRY D. WOLFORD 1268 Stauton Southaven, MS 38671 : JURY TRIAL DEMANDED SCHNEIDER NATIONAL/METLER GLASS One Schneider Drive Carlisle, P A 17013 JOHNNY MASSENGILL 2515 Lake City Highway Clinton, TN 37716, Defendants COMPLAINT AND NOW, come the Plaintiffs, Kenneth P. McDonald and his wife, Carolyn J. McDonald, by and through their attorneys, James, Smith, Durkin & Connelly, LLP, and submit as follows: 1. Plaintiff Kenneth P. McDonald and his wife, Carolyn J. McDonald are adult individuals residing at 401 North Riverside Drive, Apartment 4, Pompano Beach, Florida 33062 (hereinafter "Plaintiffs"). 2. Defendant Peny D. Wolford is an adult individual residing at 1268 Stauton, Southaven, Mississippi 38671 (hereinafter "Defendant Wolford"). 3. Defendant Ovemite Transportation Company is a Pennsylvania business corporation with a principal place of business at 6060 Carlisle Pike, Mechanicsburg, P A 17050 (hereinafter "Defendant Ovemite"). 4. Defendant Johnny Massengill is an adult individual residing at 2515 Lake City Highway, Clinton, Tennessee 37716 (hereinafter "Defendant Massengill"). 5. Defendant Schneider NationallMetler Glass is a Pennsylvania business corporation with a principal place of business at One Schneider Drive, Carlisle, PA 17013 (hereinafter "Defendant Schneider''). COUNT I (NEGLIGENCE) Kenneth P. McDonald v. Perry D. Wolford 6. The averments in paragraphs one (1) through five (5) are incorporated herein by reference as if fully set forth. 7. On April 20, 2000, Defendant Wolford was an employee of Defendant Ovemite. 8. At approximately 10:45 a.m. on April 20, 2000, Defendant Wolford was operating a 2000 international, flat-bed tractor trailer (vehicle registration number 1 TX107), owned by Defendant Ovemite, in the northbound lane of SR 81, Cumberland County, Pennsylvania (hereinafter "Defendant's vehicle"). 9. At all times relevant hereto, Defendant Wolford was acting within the scope of his employment with Defendant Ovemite. 10. At approximately 10:45 a.m. on April 20, 2000, the Plaintiffs were traveling on SR 81 111 the left of two (2) lanes northbound on SR 81, Cumberland County, Pennsylvania. 11. Defendant Wolford was following a vehicle that was directly behind Plaintiffs' vehicle; Defendant Wolford struck the rear of said vehicle thereby causing it to strike the back of Plaintiffs' vehicle. 12. As a result of said collision, Plaintiffs' vehicle spun into the right lane of travel and was struck by Defendant Schneider. 13. The accident was caused by the negligence of Defendant Wolford. 14. Defendant Wolford's negligence consisted of, but is not limited to, the following: (a) failing to have his vehicle under proper and adequate control; (b) failing to keep alert and maintain a reasonable lookout for other vehicles lawfully on the road; and (c) operating his vehicle so as to create a dangerous condition for other vehicles on the roadway in violation of the Pennsylvania Motor Vehicle Code, specifically, 75 Pa.C.S. g 331O(a). 15. As a result of the accident caused by the negligence and recklessness of Defendant Wolford, Plaintiff Kenneth P. McDonald sustained two open wounds to each of his legs, one of which required surgery. 16. As a result of said accident, Plaintiff Kenneth P. McDonald has in the past and will in the future incur pain and suffering, loss of life's pleasures, medical expenses, humiliation and inconvenience. 17. As a result of said accident, Plaintiff Kenneth P. McDonald has been required to, and may be required in the future to, undergo medical treatment and expenses. WHEREFORE, Plaintiff Kenneth P. McDonald demands judgment against Defendant Wolford, jointly and severally with the other Defendants named hereto, in an amount in excess of the compulsory arbitration limits, together with delay damages as applicable under law, as well as any other relief the Court may deem proper. COUNT II (NEGLIGENCE) Carolyn J. McDonald v. Perry D. Wolford 18. The averments in paragraphs one (I) through seventeen (17) are incorporated herein by reference as if fully set forth. 19. As a result of the accident caused by the negligence and recklessness of Defendant Wolford, Plaintiff Carolyn J. McDonald sustained the following injuries: (a) fracture and dislocation of the left shoulder; (b) severe laceration to the left shin; and (c) traumatic retinopathy of the left eye. 20. As a result of said accident, Plaintiff Carolyn J. McDonald has in the past and will in the future incur pain and suffering, loss of life's pleasures, medical expenses, humiliation and inconvenience. 21. As a result of said accident, Plaintiff Carolyn J. McDonald has been required to, and may be required in the future to, undergo medical treatment and expenses. WHEREFORE, Plaintiff Carolyn J. McDonald demands judgment against Defendant Wolford, jointly and severally with the other Defendants named hereto, in an amount in excess of the compulsory arbitration limits, together with delay damages as applicable under law, as well as any other relief the Court may deem proper. COUNT III (RESPONDEAT SUPERIOR) Kenneth P. and Carolvn J. McDonald v. Ovemite TransDortation Co. 22. The averments in paragraphs one (I) through twenty-one (21) are incorporated herein by reference as if fully set forth. 23. At all times relevant hereto, Defendant Wolford was acting within the scope of his employment with Defendant Ovemite. 24. Under the doctrine of Respondeat Superior, Defendant Overnite is responsible for all acts and omissions such as alleged herein to the extent that such occurred within the scope of Defendant Wolford's employment. WHEREFORE, Plaintiffs Kenneth P. and Carolyn 1. McDonald demand judgment against Defendant Ovemite, jointly and severally with the other Defendants named hereto, in an amount in excess of the compulsory arbitration limits, together with delay damages as applicable under law, as well as any other relief the Court may deem proper. COUNT IV (NEGLIGENCE) Kenneth P. McDonald v. Johnnv Massenl!ill 25. The averments in paragraphs one (I) through twenty-four (24) are incorporated herein by reference as if fully set forth. 26. On April 20, 2000, Defendant Massengill was an employee of Defendant Schneider. 27. At approximately 10:45 a.m. on April 20, 2000, Defendant Massengill was operating a 1999 international, flat-bed tractor trailer (vehicle registration nwnber P319389), owned by Defendant Schneider, in the southbound lane of SR 81, Cwnberland County, Pennsylvania. 28. Defendant Massengill failed to avoid colliding with Plaintiffs' vehicle although he had ample time to avoid the impact. 29. Defendant Massengill's negligence consisted of, but is not limited to, the following: (a) failing to keep his vehicle under proper and adequate control; (b) failing to keep alert and maintain a reasonable lookout for other vehicles lawfully on the road; (c) failing to avoid hitting Plaintiffs' vehicle when Defendant Massengill should have seen Plaintiffs' vehicle in full view of him; and (d) traveling too closely under the circumstances. 30. The aforesaid actions and failures to act by Defendant Massengill, in the operation of his motor vehicle at the aforesaid time and place, was a substantial factor in causing the serious and severe personal injuries suffered by Plaintiff McDonald. WHEREFORE, Plaintiff Kenneth P. McDonald demands judgment against Defendant Massengill, jointly and severally with the other Defendants named hereto, in an amount in excess of the compulsory arbitration limits, together with delay damages as applicable under law, as well as any other relief the Court may deem proper. COUNT V (NEGLIGENCE) Carolvn J. McDonald v. Johnnv Massen!!ill 31. The averments in paragraphs one (1) through thirty (30) are incorporated herein by reference as if fully set forth. 32. On April 20, 2000, Defendant Massengill was an employee of Defendant Schneider. 33. At approximately 10:45 a.m. on April 20, 2000, Defendant Massengill was operating a 1999 international, flat-bed tractor trailer (vehicle registration number P3l9389), owned by Defendant Schneider, in the southbound lane of SR 81, Cumberland County, Pennsylvania. 34. Defendant Massengill failed to avoid colliding with Plaintiffs' vehicle although he had ample time to avoid the impact. 35. Defendant Massengill's negligence consisted of, but is not limited to, the following: (a) failing to keep his vehicle under proper and adequate control; (b) failing to keep alert and maintain a reasonable lookout for other vehicles lawfully on the road; (c) failing to avoid hitting Plaintiffs' vehicle when Defendant Massengill should have seen Plaintiffs' vehicle in full view of him; and (d) traveling too closely under the circumstances. 36. The aforesaid actions and failures to act by Defendant Massengill, in the operation of his motor vehicle at the aforesaid time and place, was a substantial factor in causing the serious and severe personal injuries suffered by Plaintiff Carolyn 1. McDonald. , . WHEREFORE, Plaintiff Carolyn J. McDonald demands judgment against Defendant Massengill, jointly and severally with the other Defendants named hereto, in an amount in excess of the compulsory arbitration limits, together with delay damages as applicable under law, as well as any other relief the Court may deem proper. COUNT VI (RESPONDEAT SUPERIOR) Kenneth P. and Carolvn J. McDonald v. Schneider Nationa1lMetler Glass 37. The averments in paragraphs one (I) through thirty-six (36) are incorporated herein by reference as if fully set forth. 38. At all times relevant hereto, Defendant Massengill was acting within the scope of his employment with Defendant Schneider. 39. Under the doctrine of Respondeat Superior, Defendant Schneider is responsible for all acts and omissions such as alleged herein to the extent that such occurred within the scope of Defendant Massengill's employment. WHEREFORE, Plaintiffs Kenneth P. and Carolyn J. McDonald demand judgment against Defendant Schneider, jointly and severally with the other Defendants named hereto, in an amount in excess of the compulsory arbitration limits, together with delay damages as applicable under law, as well as any other relief the Court may deem proper. " . COUNT VII (LOSS OF CONSORTIUM) Kenneth P. McDonald v. OverDite TransDortation Co.. Perry D. Wolford. Schneider NationaIlMetler Glass and Johnnv Massenl!'ill 40. The averments in paragraphs one (1) through thirty-nine (39) are incorporated herein by reference as if fully set forth. 41. Solely, by the reason of the carelessness and negligence of Defendants, and in consideration of the injuries suffered by his wife, Carolyn J. McDonald, Plaintiff Kenneth P. McDonald has in the past and may in the future be deprived of the services, companionship, care, comfort and society of his wife, Carolyn J. McDonald. WHEREFORE, Plaintiff Kenneth P. McDonald demands judgment against Defendants Ovemite, Wolford, Schneider and Massengill, jointly and severally, in an amount in excess of the compulsory arbitration limits, together with delay damages as applicable under law, as well as any other relief the Court may deem proper. COUNT VllI (LOSS OF CONSORTIUM) Carolvn J. McDonald v. OverDite TransDortation Co.. Perry D. Wolford. Schneider NationaIlMetler Glass and Johnnv Massemrill 42. The averments of paragraphs one (1) through forty-one (41) are incorporated herein by reference as if fully set forth. 43. Solely, by the reason ofthe carelessness and negligence of Defendants, and in consideration of the injuries suffered by her husband, Kenneth P. McDonald, Plaintiff Carolyn J. McDonald has in the past and may in the future be deprived of the services, companionship, care, comfort and society of her husband, Kenneth P. McDonald. '.....- " . WHEREFORE, Plaintiff Carolyn J. McDonald demands judgment against Defendants Ovemite, Wolford, Schneider and Massengill, jointly and severally, in an amount in excess of the compulsory arbitration limits, together with delay damages as applicable under law, as well as any other relief the Court may deem proper. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: ..5/ L: /d i' f By, ~~illRE ttorney LD. #29563 JARAD W. HANDELMAN, ESQUIRE Attorney LD. #82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiffs VERIFICATION The undersigned, Kenneth P. McDonald, hereby verifies that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ p,~C/~ Kenneth P. McDonald <lA-"'--" Q ".-..._,--,.~...,.._--_....~~-"..._...._..._,._.,_.. - ,.......~..~. ........ .. I, . VERIFICATION The undersigned, Carolyn J. McDonald, hereby verifies that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /~If)~ ~ ^,.,."-,.",.,.~~._..>--....-__._..- . - ".. >..,---....-.... -- . .. ... . . .J ... KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO. 6060 Carlisle Pike Mechanicsburg, P A 17050 : NO. 02-1678 PERRY D. WOLFORD 1268 Stauton Southaven,MS 38671 : JURY TRIAL DEMANDED SCHNEIDER NATIONAL/METLER GLASS One Schneider Drive Carlisle, PA 17013 JOHNNY MASSENGILL 2515 Lake City Highway Clinton, TN 37716, Defendants CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy ofthe foregoing COMPLAINT upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this ? day of May, 2002. SERVED UPON: Timothy J. McMahon, Esquire Marshall, Dennehey, Wamer, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 ". ...._.~__.".u_~,,__,.._,.,~'._. ._,__..-.._...,____..~~"..,_._,_.~."__,...>...,,.~,.._. ....". I . r . ... ,~ ,. Johnny Massengill 587 Pine Hollow Road Jacksboro, TN 37757-3231 Schneider Nationa1IMetler Glass One Schneider Drive Carlisle, P A 17013 c~;~ U N, ESQUIRE 'JAMES, SMITH, DURKIN & CONNELLY LLP .- .... . H o c:: ~?" -Lit-' rn~;, ;-;, ;,~ S:!'} :l; 'c: 3 ~ C:J f',) .~ (') "<['j j =, ~'J -':~J .-< I _J ~'l'-1 ;'...) en ....1 RA WLE & HENDERSON LLP BY: Timothy J. Abeel, Esquire Identification No. 49791 BY: James A. Wescoe, Esquire Identification No. 82923 The Widener Building One South Penn Square Philadelphia, P A 19107 (215) 575-4200 Attorneys for Defendants, Schneider National Carriers, Inc. and Johnny Massengill KENNETH P. MCDONALD and CAROLYN J. MCDONALD, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs, vs. CNIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATlONALIMETLER GLASS and JOHNNY MASSENGILL, NO. 02-1678 Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of Defendants, Schneider National Carriers, Inc., incorrectly identified in plaintiffs Complaint as Schneider NationallMetler Glass and Johnny Massengill, only, in the above-captioned case. Respectfully submitted Dated: ,fZ,fo z-- and 0669471.01 CERTIFICATE OF SERVICE I, James A. Wescoe, Esquire, attorney for Defendants Schneider National Carriers, Inc. and Johnny Massengill do hereby certify that a true and correct copy of the foregoing Entry of Appearance was mailed to the following counsel by United States First Class Mail, postage prepaid. Karen Durkin, Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, P A 17033-0650 Timothy J. McMahon, Esquire Marshall, Dennehy, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 Date: 1\Lq\t.~ . \ 0669471.01 o c: ~~ $;. Vel ITJr7; 2:::;:' 2C' ~o:::;~ ~t:", -,.::; 2:(; ~O C 7" .:3 , o (''\,,) s: -, ,--,j -0 :r N "--' (n TO: ALL PARTIES You are hereby notified to plead to the enclosed NEW MATTER and NEW MATTER CROSSCLAIM within twenty (20) days from service hereof or a default judgment may be entered against you. By: Atto swering Defendants, Sc eider Specialized Carriers, Inc. and Jolinny Massengill RA WLE & HENDERSON LLP BY: Timothy J. Abeel, Esquire Identification No. 49791 BY: James A. Wescoe, Esquire Identification No. 82923 The Widener Building One South Penn Square Philadelphia, P A 19107 (215) 575-4200 Attorneys for Defendants, Schneider Specialized Carriers, Inc. and Johnny Massengill KENNETH P. MCDONALD and CAROLYN J. MCDONALD, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs, vs. CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, NO. 02-1678 Defendants. ANSWER OF DEFENDANTS, SCHNEIDER SPECIALIZED CARRIERS, INC. AND JOHNNY MASSENGILL, TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLAIM PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 2252(d) 0667372.01 Answering defendants, Schneider Specialized Carriers, Inc., incorrectly identified in plaintiffs Complaint as Schneider NationallMetler Glass, and Johnny Massengill, by and through counsel, Rawle & Henderson LLP, hereby respond to plaintiffs' Complaint and assert New Matter as follows: 1. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and, accordingly, deny same and demand strict proof thereof at time of trial. 2. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and, accordingly, deny same and demand strict proof thereof at time of trial. 3. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and, accordingly, deny same and demand strict proof thereof at time of trial. 4. Admitted. 5. Denied as stated. Answering defendants admit only that Schneider Specialized Carriers, Inc. is a corporation duly incorporated and existing under the laws ofthe State of North Dakota, with its principal place of business located at 3061 South Ridge Road, P.O. Box 2356, Green Bay Wisconsin 54306. COUNT I 6. Answering defendants incorporate herein by reference Paragraphs 1 through 5, inclusive. 0667372.01 7. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. 8. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. 9. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. 10. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. 11. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this 0667372.01 paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. 12. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations ofthis paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. 13. Denied. The allegations ofthis paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. 14. Denied. The allegations ofthis paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time oftrial. 15. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to 0667372.01 form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time oftrial. 16. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations ofthis paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time oftrial. 17. Denied. The allegations ofthis paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT II 18. Answering defendants incorporate herein by reference Paragraphs I through 17, inclusive. 19. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to 0667372.01 form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. 20. Denied. The allegations ofthis paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. 21. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT III 22. Answering defendants incorporate herein by reference Paragraphs 1 through 21, inclusive. 23. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations ofthis paragraph, after reasonable investigation answering defendant is without sufficient knowledge to 0667372.01 form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. 24. Denied. The allegations of this paragraph are directed to a party other than the answering defendant, therefore no answer is required. As to the remaining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict proof is demanded at the time of trial. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT IV 25. Answering defendants incorporate herein by reference Paragraphs I through 24, inclusive. 26. Admitted. 27. Denied as stated. Answering defendants admit only that defendant Johnny Massengill was operating a tractor trailer leased by Schneider Specialized Carriers, Inc. while in the course and scope of his employment on April 20, 2000. 28. Denied. 29. Denied. Answering defendants deny all negligence. By way of further answer: (a) Denied; 0667372.01 (b) Denied; (c) Denied; (d) Denied. 30. Denied. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT V 31. Answering defendants incorporate herein by reference Paragraphs 1 through 30, inclusive. 32. Admitted. 33. Denied as stated. Answering defendants admit only that defendant Johnny Massengill was operating a tractor trailer leased by defendant Schneider Specialized Carriers, Inc. while in the course and scope of his employment on April 20, 2000. 34. Denied. 35. Denied. Answering defendants deny all negligence. By way of further answer: (a) Denied; (b) Denied; (c) Denied; (d) Denied. 0667372.01 36. Denied. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT VI 37. Answering defendants incorporate herein by reference Paragraphs 1 through 36 inclusive. 38. Admitted. 39. Denied as conclusions oflaw to which no responsive pleadings are required. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT VII 40. Answering defendants incorporate herein by reference Paragraphs 1 through 39, inclusive. 41. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and, accordingly, deny same and demand strict proof thereof at time of trial. By way of further answer, the allegations contained in this paragraph are conclusions of law to 0667372.01 which no responsive pleadings are required and therefore, said allegations are denied. and therefore, said allegations are denied. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. COUNT VIII 42. Answering defendants incorporate herein by reference Paragraphs I through 41, inclusive. 43. Denied. Answering defendants deny any carelessness and/or negligence. By way of further answer, after reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and, accordingly, deny same and demand strict proof thereof at time of trial. By way of further answer, the allegations contained in this paragraph are conclusions of law to which no responsive pleadings are required and therefore, said allegations are denied. WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. NEW MATTER 44. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 0667372.01 45. No omissions or conduct on the part of answering defendants contributed to plaintiffs' damages, if any. 46. Plaintiffs failed to mitigate their damages. 47. The damages complained of by plaintiffs pre-existed or are unrelated to the accident which is the subject matter oftms Complaint. 48. The negligence of plaintiffs either bars plaintiffs' right to recover completely, or reduces their claims based upon the extent of plaintiffs' negligence under the doctrine of comparative negligence. 49. Plaintiffs' alleged damages, if any, were the result of an unavoidable accident or sudden emergency. 50. Plaintiffs' alleged accident was proximately caused, in whole or in part, by the fault of third parties for whom answering defendants are not legally responsible. 51. Plaintiffs assumed the risk of any damages or injuries, and therefore, their claims are barred or limited. 52. Answering defendants claim any and all defenses available to them pursuant to Pennsylvania's Financial Responsibility Law. 75 Pa.C.S.A. ~ 1701 f1. ss:fl. 53. Plaintiffs' claims are barred by the applicable statute oflimitations. 54. Service of process was improper and/or insufficient. 55. This Honorable Court lacks jurisdiction over defendants. 56. Plaintiffs voluntarily adopted a dangerous and hazardous method or manner of performing their actions when there was available to them a safe method and they thereby assumed the risk of injury in performing said actions. 0667372.01 57. Plaintiffs' claims are barred due to Plaintiffs having elected a Limited Tort Option pursuant to 75 Pa.C.S.A. 1705 or as a result of Plaintiffs' being a household member of a policy containing such Limited Tort Option. As a result of Plaintiffs not having incurred a serious injury as set forth in 75 Pa.C.S.A. 1702, Plaintiffs' claim, insofar as Plaintiffs seek recovery for pain and suffering or other non-monetary damages, must be stricken. 58. It is further specifically denied that any act or omission on the part of the Answering Defendants was the sole or proximate cause of the Plaintiffs' alleged damages and mjunes. 59. Answering Defendants are advised, and therefore believe and aver, that Plaintiffs have received benefits and payments in accordance with the provisions ofthe Pennsylvania Motor Vehicle Financial Responsibility Act or other policy of hospital or professional health insurance. Therefore, Plaintiffs' claims are barred, limited or reduced in accordance withe the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. ~ 1722. 60. Plaintiffs' claims herein are barred by the Doctrine of Spoliation. 61. Answering Defendants were at all times reasonable, proper and acted in good faith and without malice and did not deprive the Plaintiffs of any rights secured by law or Constitution. 62. At all times relevant herein, Answering Defendants acted in accordance with the applicable state and federal laws. 63. Plaintiffs' claims for damages are excessive and unsupported and, therefore, must be barred or reduced. 0667372.01 64. Any acts or omissions of the Answering Defendants alleged to constitute negligence were not a substantial contributing factor to the injuries and/or losses claimed by Plaintiffs. 65. Inasmuch as Pa.R.c.P. l032 provides that a party waives all defenses not presented by way of answer, Answering Defendants, upon advise of counsel, hereby assert all of the affirmative defenses set forth in Pa.R.C.P. 101O(a). WHEREFORE, answering defendants deny all liability to plaintiffs and demand judgment in their favor, together with attorneys fees and costs, and such other relief as this Honorable Court deems just and proper. NEW MATTER CROSSCLAIM PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 2252(d) 66. Answering defendants incorporate herein by reference Paragraphs 1 through 65 inclusive. 67. To the extent plaintiffs' allegations are correct about the negligence of defendants Ovemite Transportation Company and/or Perry D. Wolford, then defendants Overnite Transportation Company and Perry D. Wolford are alone liable to the plaintiffs or are liable over to Schneider Specialized Carriers, Inc. and Johnny Massengill or jointly and severally liable to the plaintiffs, or liable to Schneider National Carriers, Inc. and Johnny Massengill directly. 0667372.01 WHEREFORE, answering defendants deny all liability to plaintiffs and demand judgment in their favor, together with attorneys fees and costs, and such other relief as this Honorable Court deems just and proper. By: . Abeel, Esquire e ~. Wescoe, Esquire orneys for Defendants, Schneider Specialized Carriers, Inc. and Johnny Massengill Dated: G' f71 0 J- 0667372.01 CERTIFICATE OF SERVICE I, James A. Wescoe, Esquire, attorney for Defendants Schneider Specialized Carriers, Inc. and Johnny Massengill do hereby certify that a true and correct copy ofthe foregoing Answer to Plaintiffs' Complaint With New Matter and New Matter Crossc1aim was mailed to the following counsel by United States First Class Mail, postage prepaid. Karen Durkin, Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, P A 17033-0650 Timothy J. McMahon, Esquire Marshall, Dennehy, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Date: 6/ r (or 0667372.01 ~ \L) ~ ;s 0 0 C)$ W:z: 0~ Qo ::c ~~ ode 9~ 0 c:> .-"w C'1: SZ c_ (LZ :dlll :z;: UJI,U U- -:"" :;::J gJa. ..... .-- --, .--::. I.i.- 1';'J ::,) 0 c:> 0 KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS; and JOHNNY MASSENGILL, Defendants : NO. 02-1678 ; JURY TRIAL DE~ED i TO THE PROTHONOTARY: I I PRAECIPE TO FILE CERTIFICATES OF SER~ I i I Kindly file the attached Certificates of Service to indicate that Plwrtiffs' Interrogatories and , Request for Production of Documents directed to Defendant Johnny Mass~ngill were served upon his counsel on June 17,2002. Respectfully submitted, , JAMES, SMITH, D~N & CONNELLY, LLP i , Dated: ~~r:d D ,ESQ Attorney LD. #29563 i JARAD W. HANDEL~, ESQUIRE Attorney LD. #82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiffs CERTIFICA TE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Interrogatories upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Peimsylvania tliis-Lday of June, 2002. SERVED uPON: Timothy J. Abeel, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 (Attorney for Schneider National Carriers, Inc., aT1fi Johnny Massengill) Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Overnite Transportation Co., and Perry D. Wolford) ~;~~) JAMES, SMITH, DURKIN & CO~LL Y, LLP I CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Request for Production of Documents upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hdrshey, Dauphin County, Pennsylvania this 1'1 , day of June, 2002. SERVED UPON: Timothy J. Abeel, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 (Attorney for Schneider National Carriers, Inc., aM Johnny Massengill) Timothy 1. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crum.s Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Overnite Transportation Co., and: Perry D. J,Volford) ~~ ar urkin, squire . JAMES, SMITH, DURlllf & CONNELLY, LLP () c: -~ "- -ocr",; !TIl",: Z:J:l 21-' cJ) )~ ~ _<..&:: r:::;C '- ~z'. Cj ,-=C) >c Z =< o f'>,.} () -n ~ c:: ~ ""-1 F .:7.8 ., . ;-,_:~ l.!..) .J --;. .:-,)=d ,..C) c~ rl1 -I ~ \.0 -0 :x :J1 .-.1 KENNETHP. MCDONALD and CAROLYN 1. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS; and JOHNNY MASSENGILL, Defendants : NO. 02-1678 ; JURY TRIAL DE~ED I , , , I PRAECIPE TO FILE CERTIFICATES OF SER~ TO THE PROTHONOTARY: I Kindly file the attached Certificates of Service to indicate that Plaiptiffs' Interrogatories and I I Request for Production of Documents directed to Defendant Schneider N~iona1/Met1er Glass were , served upon their counsel on June 17,2002. Dated: ~/;7ft;V Respectfully submitted, JAMES, SMITH, DURKI~ & CONNELLY, LLP I I I ~! By: ' - -"-. ; : URKIN, ESQrnirn A"""",~ :.0: #29563 JARAD W. HANDELMAlf, ESQUIRE Attorney LD. #82629 : P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Interrogatories upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pf1Il1lsylvania this /1 day of June, 2002. SERVED UPON: Timothy J. Abeel, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 (Attorney for Schneider National Carriers, Inc., ana. Johnny Massengill) Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Overnite Transportation Co., and Perry D. Wolford) ~L.~ JAMES, SMITH, DURKIN & CqNNELLY, LLP CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Request for Production of Documents upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Ifershey, Dauphin County, Pennsylvania this 17 day of June, 2002. SERVED UPON: Timothy J. Abeel, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 (Attorney for Schneider National Carriers, Inc., aM Johnny Massengill) . Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Overnite Transportation Co., and ' Perry D. Wolford) cJ:~u~ ) aren Durkin, Esquire . JAMES, SMITH, DURKIN1 & CONNELLY, LLP .' o ~ ..::. -005 rono -;Y'; ~--. zr- (0 -.r:: -<..~' ~CJ ~Q .;:-c.J r'C: Z =z C) r0 ~ - ,- ; o 4-n ,-1 ~-T~ ,.~,-;2J , r'-~ :r1,P:\ ",,',L() .._--t ~ ,:'11 .~;,. -c\ ~-:- ,~'-} ~:~l-r"l ::..... ~ -< ,J) -0 :;;: :.n ..J KENNETH P. MCDONALD and CAROLYN 1. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS; and JOHNNY MASSENGILL, Defendants : NO. 02-1678 . I : JURYTRIALDE~D ! I I PRAECIPE TO FILE CERTIFICATES OF SER~ I TO THE PROTHONOTARY: Kindly file the attached Certificates of Service to indicate that P14tiffs' Interrogatories and ! Request for Production of Documents directed to Defendant Perry D. Woford were served upon his I I I I I I counsel on June 17, 2002. Respectfully submitted, I JAMES, SMITH, D~ & CONNELLY, LLP I I I Dated: ~ Ii 7 j, r f I B N ,ESQ Attorney I.D. #29563 JARAD W. HANDEL~, ESQUIRE Attorney J.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy Of the foregoing Interrogatories upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, P~nnsylvania this /1 day of June, 2002. SERVED UPON: Timothy J. Abeel, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 (Attorney for Schneider National Carriers, Inc., aful Johnny Massengill) Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Overnite Transportation Co., and Perry D. Wolford) ~I~.,,- , ar urkin, Esquire ! . J~'~'DURKlN&C~LY,LLP ! I I I I CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Request for Production of Documents upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Ilershey, Dauphin County, Pennsylvania this 11 day of June, 2002. SERVED UPON: Timothy J. Abeel, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 (Attorney for Schneider National Carriers, Inc., and Johnny Massengill) Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Overnite Transportation Co., and. Perry D. Wolford) . ~A~_") aren urkin, Esquire . JAMES, SMITH, D~ & CONNELLY, LLP q c :<::: -00' m:J.: Z. -r::~ 2". U)-,' 2t~ '-':: Z~ __L )>'~ :t c::> f"",) (;:: ~ c; "T\ l~ ;..- ,.0 .:~~~3 ~;-':~(f\ -" (~-) :-) ::t?n @ ~ ~ -0 ~ en ...l KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs vs. OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS; and JOHNNY MASSENGILL, Defendants .. , : IN THE COURT OF CO~ON PLEAS : OF CUMBERLAND CODNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-1678 ~ JURY TRIAL DE~D I PRAECIPE TO FILE CERTIFICATES OF SER CE TO THE PROTHONOTARY: , Kindly file the attached Certificates of Service to indicate that Plaihtiffs' Interrogatories and , I Request for Production of Documents directed to Defendant Ovemite Tra$portation Co. were served upon their counsel on June 17,2002. Dated: v!/7/d7 Respectfully submitted, JAMES, SMITH, DURKI~ & CONNELLY, LLP I I I I I By: P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Interrogatories upon the following below-named individUal(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Petplsylvania this 11 day of June, 2002. SERVED UPON: Timothy J. Abeel, Esquire The Widener Building One South Penn Square Philadelphia, P A 19107 : (Attorney for Schneider National Carriers, Inc., an~ Johnny Massengill) : I .... Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Overnite Transportation Co., and Perry D. Wolford) .. ~4~) I ar urkin, Esquire , , I I , , I , \' '.(, CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUlRE, do hereby certify that I served a true and correct copy of the foregoing Request for Production of Documents upon the followi1ljg below-named i individual(s) by depositing same in the u.s. Mail, postage pre-paid at H~rShey, Dauphin County, i i Perinsylvania this / /' day of June, 2002. SERVED UPON: Timothy J. Abeel, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 (Attorney for Schneider National Carriers, Inc., a~ Johnny Massengill) ~ Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Overnite Transportation Co., and Perry D. Wolford) ~~~~ aren ur', Esquire i JAMES, SMITH, D'I & CONNELLY, LLP i i i i i i I , KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs I : IN THE COURT OF CON1MON PLEAS : OF CUMBERLAND COl(JNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants : NO. 02-1678 : JURY TRIAL DEMAND D NOTICE TO PLEAD To: Schneider NationallMetler Glass and Johnny Massengill, and the r attorneys, Timothy J. Abeel, Esquire and James A. Wescoe, Esquire. YOU ARE HEREBY NOTIFIED to file a written response to th enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment y be entered against you. Respectfully submitted, JAMES, SMITH, DU N & CONNELLY, LLP Dated: &/~/' P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiffs KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs : IN THE COURT OF CON1MON PLEAS : OF CUMBERLAND COWNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants I : NO. 02-1678 I : JURY TRIAL DEMANDr PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDAN S' ANSWER WITH NEW MATTER AND NEW MATTER CROSSC AIM AND NOW, come the Plaintiffs, Kenneth P. and Carolyn J. Mc onald, by and through their attorneys, James, Smith, Durkin & Connelly, LLP, to preliminaril Answer with New Matter and New Matter Crossclaim by averring as fo lows. 1. On or about May 6,2002, Plaintiffs Kenneth P. and Car lyn J. McDonald filed a Schneider NationallMetler Glass, and Johnny Massengil as a result of a motor Complaint against Defendants Ovemite Transportation 0., Perry D. Wolford, vehicle accident that occurred on or about April 20, 200 Complaint is attached hereto as Exhibit "A". 2. Plaintiffs' received Defendants Schneider Specialized C 'ers, Inc. and Johnny Massengill's Answer with New Matter and New Matter rossclaim on June 11, 2002. 3. The Answer with New Matter and New Matter Crossclai~ was insufficient I because Defendants' Answer with New Matter and New Matter Crossclaim did not contain a verification from Schneider NationallMetle Glass or Johnny Massengill. 4. In accordance with Pa. R.C.P. 1024(a) every pleading co taining an averment of fact shall be verified. Prelimina Ob'ection to Defendants' Answer with N w Matter Matter Crossclaim Pa.R.C.P. 1028 a 2 for Failure of a Pleadi Conform to Law or Rule of Court nd New to I. 5. The averments of paragraphs one (1) through three (3) reference as if set forth in full. incorporated herein by 6. Throughout Defendants' Answer with New Matter and ew Matter Crossclaim Defendants admit, deny and aver various facts not appe 'ng of record in the action. 7. Defendants failed to include a verification and signature erifying the personal knowledge or information and belief of the facts admitte , denied or averred in their Answer with New Matter and New Matter Crosscl om. 8. Pa. R.C.P. 1024(a) requires every pleading containing averment of fact to be verified. 9. The Pennsylvania Superior Court has established that be ore dismissing on the basis of a defective verification, a court should allow the petitioner to amend. Lewis v. Erie Ins. Exchange, 421 A.2d 1214, 1217 (pa. uper. 1980). WHEREFORE, Plaintiffs, Kenneth P. and Carolyn 1. McDonald respectfully request that this Honorable Court sustain the Plaintiffs' Preliminary Objection for fa. lure to conform to law or rule of court and require Defendants to amend their Answer with Ne Matter and New Matter Crossc1aim to include the required verifications. Respectfully submitted, JAMES, SMITH, DU N & CONNELLY, LLP ,ESQ Attorney ill #29563 JARAD W. HANDEL Attorney I.D. #82629 Dated: ~jf",k/ By: P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served true and correct copy of the foregoing Plaintiffs' Preliminary Objections to Defendants' Ans er with New Matter and New Matter Crossc1aim upon the following below-named individual(s) y depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this /f day of June, 2002. SERVED UPON: Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 Timothy 1. Abeel, Esquire James A. Wescoe, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 N & CONNELLY, LLP >- [.s ..~ 1-- u,Q (-:-~) (~~. LL., '_t.,-. ~~::::: )\: ... ", ;..~ it-tE ~1 CL u., o C N :.lC 0.... ~ :s- --):"1 "-Z '-)"" (:J?J ',.? ~,- :--,. (J) .:~2 ........-,.. ~_.... .e_ ~UW I,Del. ~ :::l () en ~ :-5 J ('-.I o _1____ TO: ALL PARTIE~ You are hereby notified Ito plead to the enclosed NEW MATT R and NEW MATTER CROSSCLAIM within enty (20) days from service hereo or a default judgment may be entere against you. RA WLE & HENDERSON LLP BY: Timothy J. Abeel, Esquire Identification No. 49791 BY: James A. Wescoe, Esquire Identification No. 82923 The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defe dants, Schneider Speciali d Carriers, Inc. and Johnny Massengill ON PLEAS COUNTY KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs, vs. CIVIL ACTION - A W OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, NO. 02-1678 Defendants. ANSWER OF DEFENDANTS, SCHNEIDER SPECIALIZED CARRIERS, INC. AND JOHNNY MASSENGILL, TO PLAINTIFFS' C PLAINT WITH NEW MATTER AND NEW MATTER CRO SCLAlM RS ANT TO PENNSYLVANIA RULE OF CIVIL PR ED RE 2252 d 0667372.01 Answering defendants, Schneider Specialized Carriers, In,C., incorrectly identified in plaintiffs Complaint as Schneider NationallMetler Glass, and Johnny Massengill, by and through counsel, Rawle & Henderson LLP, hereby respond to plaintiffs' Complaint and assert New Matter as follows: 1. Denied. After reasonable investigation, answerin defendants are without knowledge or information sufficient to form a belief as to the truth ofth allegations contained in this paragraph and, accordingly, deny same and demand strict proof ther of at time of trial. 2. Denied. After reasonable investigation, answerin defendants are without knowledge or information sufficient to form a belief as to the truth of th allegations contained in this paragraph and, accordingly, deny same and demand strict proof ther of at time of trial. 3. Denied. After reasonable investigation, answerin defendants are without knowledge or information sufficient to form a belief as to the truth ofth allegations contained in this paragraph and, accordingly, deny same and demand strict proof ther of at time of trial. 4. Admitted. 5. Denied as stated. Answering defendants admit 0 ly that Schneider Specialized Carriers, Inc. is a corporation duly incorporated and existin under the laws of the State of North Dakota, with its principal place of business located at 30 1 South Ridge Road, P.O. Box 2356, Green Bay Wisconsin 54306. COUNT I 6. Answering defendants incorporate herein by refer nce Paragraphs 1 through 5, inclusive. 0667372.01 , 7. Denied. The allegations of this paragraph are direpted to a party other than , the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict p of is demanded at the 8. Denied. The allegations of this paragraph are dir ted to a party other than time of trial. the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to form a belief as to the truth ofthe allegations of this paragraph. time of trial. 9. Denied. The allegations of this paragraph are dir cted to a party other than the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict p oof is demanded at the time of trial. 10. Denied. The allegations of this paragraph are dir cted to a party other than the answering defendant, therefore no answer is required. As to the rem .ning allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict p oofis demanded at the time oftrial. 11. Denied. The allegations of this paragraph are dir cted to a party other than the answering defendant, therefore no answer is required. As to the rem ining allegations of this 0667372.01 paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict pr of is demanded at the time of trial. 12. Denied. The allegations ofthis paragraph are dir ted to a party other than the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. of is demanded at the time oftrial. 13. Denied. The allegations of this paragraph are dir ted to a party other than the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict p oof is demanded at the time oftrial. 14. Denied. The allegations of this paragraph are dir cted to a party other than the answering defendant, therefore no answer is required. As to the rem 'ning allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict p oof is demanded at the time of trial. 15. Denied. The allegations of this paragraph are dir cted to a party other than the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to 0667372.01 form a belief as to the truth of the allegations of this paragraph. Strict prpof is demanded at the time of trial. 16. Denied. The allegations ofthis paragraph are dir ted to a party other than the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is without sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict p of is demanded at the time oftrial. 17. Denied. The allegations of this paragraph are dir cted to a party other than the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to form a belief as to the truth of the allegations of this paragraph. Strict p oof is demanded at the time of trial. WHEREFORE, answering defendants respectfully reque t that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the reliefrequ ted therein, and grant judgment in favor of defendants and against plaintiffs, and grant such 0 her and further relief as this Honorable Court deems just and proper. COUNT II 18. Answering defendants incorporate herein by refer nce Paragraphs 1 through 17, inclusive. 19. Denied. The allegations of this paragraph are dir cted to a party other than the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to 0667372.01 I I I form a belief as to the truth of the allegations of this paragraph. Strict pr~of is demanded at the I time of trial. 20. Denied. The allegations of this paragraph are dir ted to a party other than 21. Denied. The allegations ofthis paragraph are dir cted to a party other than of is demanded at the the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to form a belief as to the truth ofthe allegations of this paragraph. time of trial. the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to form a belief as to the truth ofthe allegations of this paragraph. Strict p oof is demanded at the time of trial. WHEREFORE, answering defendants respectfully reque t that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requ ted therein, and grant judgment in favor of defendants and against plaintiffs, and grant such 0 her and further relief as this Honorable Court deems just and proper. COUNT III 22. Answering defendants incorporate herein by refe nce Paragraphs 1 through 21, inclusive. 23. Denied. The allegations ofthis paragraph are dir cted to a party other than the answering defendant, therefore no answer is required. As to the rem ining allegations of this paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to 0667372.01 , form a belief as to the truth of the allegations of this paragraph. Strict prbof is demanded at the 24. Denied. The allegations ofthis paragraph are dir ted to a party other than of is demanded at the time of trial. the answering defendant, therefore no answer is required. As to the rem ining allegations ofthis paragraph, after reasonable investigation answering defendant is withou sufficient knowledge to form a belief as to the truth of the allegations ofthis paragraph. time of trial. WHEREFORE, answering defendants respectfully reque t that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief reque ted therein, and grant judgment in favor of defendants and against plaintiffs, and grant such 0 her and further relief as this Honorable Court deems just and proper. COUNT IV 25. Answering defendants incorporate herein by refer nce Paragraphs 1 through 24, inclusive. 26. Admitted. 27. Denied as stated. Answering defendants admit 0 ly that defendant Johnny Massengill was operating a tractor trailer leased by Schneider Specializ Carriers, Inc. while in the course and scope of his employment on April 20, 2000. 28. Denied. 29. Denied. Answering defendants deny all negligen e. By way of further answer: (a) Denied; 0667372.01 (b) Denied; (c) Denied; (d) Denied. 30. Denied. WHEREFORE, answering defendants respectfully reque t that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief reque ted therein, and grant judgment in favor of defendants and against plaintiffs, and grant such 0 her and further relief as this Honorable Court deems just and proper. COUNT V 31. Answering defendants incorporate herein by refer nce Paragraphs 1 through 30, inclusive. 32. Admitted. 33. Denied as stated. Answering defendants admit 0 ly that defendant Johnny Massengill was operating a tractor trailer leased by defendant Schneider Specialized Carriers, Inc. while in the course and scope of his employment on April 20, 2000 34. Denied. 35. Denied. Answering defendants deny all negligen e. By way of further answer: (a) Denied; (b) Denied; (c) Denied; (d) Denied. 0667372.01 36. Denied. WHEREFORE, answering defendants respectfully reque t that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief reque ted therein, and grant judgment in favor of defendants and against plaintiffs, and grant such 0 er and further relief as this Honorable Court deems just and proper. COUNT VI 37. Answering defendants incorporate herein by refer nce Paragraphs 1 through 36 inclusive. 38. Admitted. 39. Denied as conclusions oflaw to which no respon ive pleadings are required. WHEREFORE, answering defendants respectfully request that t is Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested erein, and grant judgment in favor of defendants and against plaintiffs, and grant such 0 her and further relief as this Honorable Court deems just and proper. COUNT VII 40. Answering defendants incorporate herein by refer nce Paragraphs 1 through 39, inclusive. 41. Denied. After reasonable investigation, answerin defendants are without knowledge or information sufficient to form a belief as to the truth of th allegations contained in this paragraph and, accordingly, deny same and demand strict proof ther of at time of trial. By way of further answer, the allegations contained in this paragraph are co clusions oflaw to 0667372.01 which no responsive pleadings are required and therefore, said allegatio s are denied. and therefore, said allegations are denied. WHEREFORE, answering defendants respectfully reque t that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief reque ted therein, and grant judgment in favor of defendants and against plaintiffs, and grant such 0 er and further relief as this Honorable Court deems just and proper. COUNT VIII 42. Answering defendants incorporate herein by refer nce Paragraphs 1 through 41, inclusive. 43. Denied. Answering defendants deny any careless ess and/or negligence. By way of further answer, after reasonable investigation, answering detl dants are without knowledge or information sufficient to form a belief as to the truth ofth allegations contained in this paragraph and, accordingly, deny same and demand strict proofther of at time of trial. By way of further answer, the allegations contained in this paragraph are co clusions of law to which no responsive pleadings are required and therefore, said allegatio s are denied. WHEREFORE, answering defendants respectfully reque t that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the reliefrequ ted therein, and grant judgment in favor of defendants and against plaintiffs, and grant such 0 her and further relief as this Honorable Court deems just and proper. NEW MATTER 44. Plaintiffs' Complaint fails to state a claim upon ich relief can be granted. 0667372.01 45. No omissions or conduct on the part of answering defendants contributed to plaintiffs' damages, if any. 46. Plaintiffs failed to mitigate their damages. 47. The damages complained of by plaintiffs pre-exis ed or are unrelated to the accident which is the subject matter of this Complaint. 48. The negligence of plaintiffs either bars plaintiffs' 'ght to recover completely, or reduces their claims based upon the extent of plaintiffs' gligence under the doctrine of comparative negligence. 49. Plaintiffs' alleged damages, if any, were the resul of an unavoidable accident or sudden emergency. 50. Plaintiffs' alleged accident was proximately caus d, in whole or in part, by the fault ofthird parties for whom answering defendants are not legally 51. Plaintiffs assumed the risk of any damages or inj . es, and therefore, their claims are barred or limited. 52. Answering defendants claim any and all defenses available to them pursuant to Pennsylvania's Financial Responsibility Law. 75 Pa.C.S.A. ~ 1701 et seq. 53. Plaintiffs' claims are barred by the applicable stat te oflimitations. 54. Service of process was improper and/or insufficie t. 55. This Honorable Court lacks jurisdiction over detl 56. Plaintiffs voluntarily adopted a dangerous and h ardous method or manner of performing their actions when there was available to them a fe method and they thereby assumed the risk of injury in performing said actions. 0667372.01 57. Plaintiffs' claims are barred due to Plaintiffs havi1g elected a Limited Tort Option pursuant to 75 Pa.C.S.A. 1705 or as a result of Plaintiffs' being household member of a policy containing such Limited Tort Option. As a result of Plaintiffs not having incurred a serious injury as set forth in 75 Pa.C.S.A. 1702, Plaintiffs' claim, inso[; as Plaintiffs seek recovery for pain and suffering or other non-monetary damages, must be stricken. 58. It is further specifically denied that any act or omi sion on the part of the Answering Defendants was the sole or proximate cause of the Plaintiffs' alleged damages and In]unes. 59. Answering Defendants are advised, and therefore elieve and aver, that Plaintiffs have received benefits and payments in accordance with the p ovisions ofthe Pennsylvania Motor Vehicle Financial Responsibility Act or other polic of hospital or professional health insurance. Therefore, Plaintiffs' claims are barred, I ited or reduced in accordance withe the provisions of the Pennsylvania Motor Vehicle Fin cial Responsibility Act, 75 Pa.C.S.A. ~ 1722. 60. Plaintiffs' claims herein are barred by the Doctrin of Spoliation. 61. Answering Defendants were at all times reasonab e, proper and acted in good faith and without malice and did not deprive the Plaintiffs of any Constitution. 62. At all times relevant herein, Answering Defend s acted in accordance with the applicable state and federal laws. 63. Plaintiffs' claims for damages are excessive and therefore, must be barred or reduced. 0667372.01 64. Any acts or omissions of the Answering Defendadts alleged to constitute I negligence were not a substantial contributing factor to the injuries and/ r losses claimed by 65. Inasmuch as Pa.R.c.P. 1032 provides that a party aives all defenses not Plaintiffs. presented by way of answer, Answering Defendants, upon advise of cou sel, hereby assert all of the affirmative defenses set forth in Pa.R.C.P. 1010(a). WHEREFORE, answering defendants deny all liability t plaintiffs and demand NEW MATTER CROSSCLAIM PURSUANT PENN YL VANIA R LE OF CIVIL PR ED judgment in their favor, together with attorneys fees and costs, and such Honorable Court deems just and proper. 66. Answering defendants incorporate herein by refer nce Paragraphs 1 through 65 inclusive. 67. To the extent plaintiffs' allegations are correct ab ut the negligence of defendants Overnite Transportation Company and/or Perry D. Wolford, then defendants Overnite Transportation Company and Perry D. Wolford are alone liabl to the plaintiffs or are liable over to Schneider Specialized Carriers, Inc. and Johnny Masseng II or jointly and severally liable to the plaintiffs, or liable to Schneider National Carriers, Inc. and Johnny Massengill directly. 0667372.01 WHEREFORE, answering defendants deny all liability to! plaintiffs and demand , judgment in their favor, together with attorneys fees and costs, and such ther relief as this Honorable Court deems just and proper. RA WLE & HENDERSON LLP By: Ti J es A. Wescoe, squire Attorneys for Defe dants, Schneider Specializ d Carriers, Inc. and Johnny Massengill Dated: 6/;//(/)- , 0667372.01 VERIFICATION JAMES A. WESCOE, ESQUIRE, hereby states that he is an ass ciate ofthe law firm of Rawle & Henderson LLP, attorneys for defendant, Johnny Massengill, an that he is authorized to make this Verification on behalf of said defendant. The undersigned ve . fies that the statements made in the foregoing Answer With New Matter to Plaintiffs Complain are true and correct to the best of his knowledge, information and belief. The undersigned und rstands that the statements set forth in said pleading are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: June 21, 2002 0667372.01 VERIFICATION Sara Platten hereby stated that she is an authorized representative r defendant, Schneider Specialized Carriers, Inc. She verifies that she has read the within Answer to Plaintiff's Complaint with New Matter and New Matter Crossclaim and that it is true and c ect to the best of her knowledge, information and belief. She understands that the statements set forth in said answer are made subject to the penalties of 18 Pa. Cons. Stat. Ann. $4904 relating to unsworn falsification to authorities. om.. /JJ j;b CERTIFICATE OF SERVICE I, James A. Wescoe, Esquire, attorney for Defendants Sc eider Specialized Carriers, Inc. and Johnny Massengill do hereby certify that a true and c ect copy of the foregoing Amended Answer to Plaintiffs' Complaint With New Matter Crossclaim was mailed to the following counsel by United States First prepaid. Karen Durkin, Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, P A 17033-0650 Timothy 1. McMahon, Esquire Marshall, Dennehy, Warner, Coleman & oggm 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 sqUIre Date: I/.J( (d',)- 0667372.01 () ~; ~~>. -v CJJ fT:;' ~~." ..... ,,-~ _.' V:~!2--: -<.. .: .. j:.' ....,\ .' ~~ :~~'~ % _.~ -( o N o 'Tj , --'.- ':,:':' -;_.. 'il ~: ;-, '..c......- ;~~~:: (~ --, -~-~ .....,., ;(") Or'll ~; :0 -< :e ~.) .~; ,- :t:'.. ~- 5 :::) .&;"' >- 0; ;::::: u.J S',? ~2' u-.- \1-- .' , S) (C. EG,C~= Cf U,., o ...:t' c: '2 "'Jr""' ~7i ;:- Z :~) -< C) ;:; ~~:.~ -:~.. >- :~!~ ~~ ::5 u ,:1' C...: ;;;r: :::.:; -") l'J o 1-,--.-...- lO'UEL990 -('P J)7' /1 :gllla ZULl Vd"amqs!ll1lH s: gl!ns 'pllOlI mw SllitU;) OOZV u~j3oD 7fl UlllliglO;) 'l:;lW1lM. 'k{:;lUU:;la 'nllt{Sl1lW :;ll!nbsg 'uot{1lWOW Of At{lOlliU 0~90-tfOL 1 Vd 'Agt{Sl:;lH O~9 xOS: '0' d dTl 'AngUUO;) 7fl uPlma 't{l!lliS 'SgUfllf gl!nbsg 'UPlma U:;ll1l)l 'p!lldgld :;lj311lsod 'nllw SSlll;) lSl!d Sgl1llS P:;lHu[l Aq {:;lsunoo j3U!MOnOJ :;It{l Ol pgI!lllli SIlM lli!IlPSSOl;) 19U1lW MgN PUlll:;lUllW MgN t{l!M.lU!IlIdlliO;) ,sJJ!lU!IlId OllgMSUY pgpUgury j3U!Oj3:;llOJ gt{lJO Adoo pgllOO pUll gtUllllllt{l A.EPgO Aq:;llgl{ op mj3U:;lSSIlW AUUl[of pUll 'OUJ'Slg!llll;) pgZHllpgds l:;lp!:;lmps SlUllpUgJga lOJ AgWOUll 'gl!nbsg 'gOOSg M. 'v SgUfll f 'I 3::.JIAlI3:S.tlO 3:l.V:.JI.tlI.LlI3::.J KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURYTRlALDEMANDED NOTICE TO PLEAD TO: Plaintiffs, Kenneth P. McDonald and Carolyn 1. McDonald c/o Karen Durkin, Esquire Jarad W. Handelman, Esquire Smith, James & Durkin PO Box 650 Hershey, P A 17033-0650 TO: Defendants, Schneider NationallMetler Glass and Johnny Massengill c/o Timothy J. Abeel, Esquire James A. Wescoe, Esquire Rawle & Henderson, LLP The Widener Building, One South Penn Square Philadelphia, PA 19107 You are hereby notified to plead to the enclosed New Matter and New Matter Cross-Claim Pursuant to Pa.R.C.P. 2252(d) within twenty (20) days from service hereof or a default judgment may be filed against you. DATE: ~J..& '27 { ~7- BY: T LD. No. 29 8 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3505 Attorney for Defendants, Overnite Transportation Company and Perry D. Wolford \05_ A \LIAB\ TJM\LLPG\98923\JMF\ 15350\00 146 KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT ON BEHALF OF DEFENDANTS. OVERNITE TRANSPORTATION COMPANY AND PERRY D. WOLFORD WITH NEW MATTER AND NEW MATTER CROSS-CLAIM PURSUANT TO Pa.R.c.P. 225Ud) The Defendants, Overnite Transportation Company and Perry D. Wolford, by and through their counsel, Marshall, Dennehey, Warner, Coleman & Goggin, hereby makes Answer to the Plaintiffs' Complaint and in support thereof states the following: 1. Denied. After a reasonable investigation and inquiry, Answering Defendants are without information sufficient to form a belief as to the truth of these allegations and accordingly they are denied and proof thereof is demanded at trial, if relevant. 2. Admitted. 3. Admitted in part; denied in part. It is admitted only that Defendant Ovemite Transportation Company maintains a place of business at 6060 Carlisle Pike, Mechanicsburg, Pennsylvania 17050 as alleged. It is specifically denied that Ovemite Transportation Company is a Pennsylvania business corporation. 4. Denied. After a reasonable investigation and inquiry, Answering Defendants are without information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. 5. Denied. After a reasonable investigation and inquiry, Answering Defendants are without information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied and proofthereofis demanded at trial, if relevant. COUNT I (NEGLIGENCE) Kenneth P. McDonald v. Perrv D. Wolford 6. Answering Defendants incorporate by reference their responses to Paragraphs 1 through 5 above as if set forth at length herein. 7. Admitted. 8. Admitted in part; denied in part. It is admitted only that on April 20, 2000 Defendant Perry Wolford was operating a tractor-trailer for Defendant Overnite while in the course and scope of his employment. 9. Admitted. 10. Denied. After a reasonable investigation and inquiry Answering Defendants are without information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. 11. Denied. After a reasonable investigation and inquiry Answering Defendants are without information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. 12. Denied. After a reasonable investigation and inquiry Answering Defendants are without information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. 13. Denied. After a reasonable investigation and inquiry Answering Defendants are without information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further answer, the allegations set forth in this Paragraph are conclusions oflaw to which no further responsive pleading is required. 14. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning ofPa.R.C.P. 1029(e) and accordingly no further responsive pleading is required. By way of further answer, and to the extent that any further responsive pleading is required, all allegations of negligence as set forth in this Paragraph, together with its subparts (a) through (c) are denied and proofthereofis demanded at trial, if relevant. 15. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. 1029(e) and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further answer, and to the extent that any further responsive pleading is deemed required by Answering Defendants, then after reasonable investigation and inquiry Answering Defendants lack information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied. 16. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. 1029(e) and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further answer, and to the extent that any further responsive pleading is deemed required by Answering Defendants, then after reasonable investigation and inquiry Answering Defendants lack information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied. 17. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. 1029(e) and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further answer, and to the extent that any further responsive pleading is deemed required by Answering Defendants, then after reasonable investigation and inquiry Answering Defendants lack information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied. WHEREFORE, Answering Defendant Perry Wolford demands judgment in his favor and against Plaintiffs together with such other relief as this Court shall deem appropriate. COUNT II (NEGLIGENCE) Carolvn J. McDonald v. Perry D. Wolford 18. Answering Defendants incorporate by reference their responses to Paragraphs 1 through 17 above as if set forth at length herein. 19. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.c.p. 1029(e) and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further answer, and to the extent that any further responsive pleading is deemed required by Answering Defendants, then after reasonable investigation and inquiry Answering Defendants lack information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied. 20. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. 1029(e) and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further answer, and to the extent that any further responsive pleading is deemed required by Answering Defendants, then after reasonable investigation and inquiry Answering Defendants lack information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied. 21. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.C.P. 1029(e) and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further answer, and to the extent that any further responsive pleading is deemed required by Answering Defendants, then after reasonable investigation and inquiry Answering Defendants lack information sufficient to form a belief as to the truth of these allegations and accordingly these allegations are denied. WHEREFORE, Answering Defendant Perry Wolford demands judgment in his favor and against Plaintiffs together with such other relief as this Court shall deem appropriate. COUNT III (RESPONDEAT SUPERIOR) Kenneth P. and Carolvn J. McDonald v. Overnite Transoortation Comoanv 22. Answering Defendants incorporate by reference their responses to Paragraphs 1 through 21 above as if set forth at length herein. 23. Admitted. 24. Denied. The allegations set forth in this Paragraph constitute conclusions of law to which no further responsive pleading is required pursuant to Pa.R.C.P. 1029(e) and accordingly these allegations are denied. WHEREFORE, Answering Defendant Overnite Transportation Company demands judgment in their favor and against Plaintiffs together with such other relief as this Court shall deem appropriate. COUNT IV (NEGLIGENCE) Kenneth P. McDonald v. Johnny Massene:ill 25. Answering Defendants incorporate by reference their responses to Paragraphs 1 through 24 above as if set forth at length herein. 26. - 30. Denied. The allegations of these Paragraphs are directed to a party other than Answering Defendants and accordingly no further responsive pleading is required. To the extent that a response is deemed required of Answering Defendants to these allegations, then after reasonable investigation and inquiry, Answering Defendants are without sufficient knowledge and information to form a belief as to the truth of these allegations and accordingly they are denied and proof thereof is demanded at trial, if relevant. WHEREFORE, Answering Defendants Overnite Transportation Company and Perry D. Wolford demand judgment in their favor and against Plaintiffs together with such other relief as this Court shall deem appropriate. COUNT V (NEGLIGENCE) Carolyn J. McDonald v. Johnny Massenl!ill 31. Answering Defendants incorporate by reference their responses to Paragraphs 1 through 30 above as if set forth at length herein. 32. - 36. Denied. The allegations of these Paragraphs are directed to a party other than Answering Defendants and accordingly no further responsive pleading is required. To the extent that a response is deemed required of Answering Defendants to these allegations, then after reasonable investigation and inquiry, Answering Defendants are without sufficient knowledge and information to form a belief as to the truth of these allegations and accordingly they are denied and proof thereof is demanded at trial, if relevant. WHEREFORE, Answering Defendants Overnite Transportation Company and Perry D. Wolford demand judgment in their favor and against Plaintiffs together with such other relief as this Court shall deem appropriate. COUNT VI (RESPONDEAT SUPERIOR) Kenneth P. and Carolvn J. McDonald v. Schneider NationaI/Metler Glass 37. Answering Defendants incorporation by reference their responses to Paragraphs 1 through 36 above as if set forth at length herein. 38. - 39. Denied. The allegations of these Paragraphs are directed to a party other than Answering Defendants and accordingly no further responsive pleading is required. To the extent that a response is deemed required of Answering Defendants to these allegations, then after reasonable investigation and inquiry, Answering Defendants are without sufficient knowledge and information to form a belief as to the truth of these allegations and accordingly they are denied and proof thereof is demanded at trial, if relevant. WHEREFORE, Answering Defendants Overnite Transportation Company and Perry D. Wolford demand judgment in their favor and against Plaintiffs together with such other relief as this Court shall deem appropriate. COUNT VII (LOSS OF CONSORTIUM) Kenneth P. McDonald v. Overnite Transoortation Comoanv. Perry D. Wolford. Schneider NationaI/Metler Glass and Johnnv Massenl!i11 40. Answering Defendants incorporate by reference their responses to Paragraphs 1 through 39 above as if set forth at length herein. 41. Denied. The allegations set forth in this Paragraph constitute conclusions of law to which no further responsive pleading is required in accordance with Pa.R.C.P. 1029(e). To the extent that any further responsive pleading is required of Answering Defendants, then these allegations are denied because Answering Defendants after a reasonable investigation and inquiry lack sufficient information to form a belief as to the truth of the allegations set forth in this Paragraph and accordingly all allegations are denied and proof thereof is demanded at trial, if relevant. WHEREFORE, Answering Defendants Overnite Transportation Company and Perry D. Wolford demand judgment in their favor and against Plaintiffs together with such other relief as this Court shall deem appropriate. COUNT VIII (LOSS OF CONSORTIUM) Carolyn J. McDonald v. Overnite Transportation Company. Perry D. Wolford. Schneider National/Metler Glass and Johnny Massen!!ilI 42. Answering Defendants incorporate by reference their responses to Paragraphs 1 through 39 above as if set forth at length herein. 43. Denied. The allegations set forth in this Paragraph constitute conclusions of law to which no further responsive pleading is required in accordance with Pa.R.c.p. 1029(e). To the extent that any further responsive pleading is required of Answering Defendants, then these allegations are denied because Answering Defendants after a reasonable investigation and inquiry lack sufficient information to form a belief as to the truth of the allegations set forth in this Paragraph and accordingly all allegations are denied and proof thereof is demanded at trial, if relevant. WHEREFORE, Answering Defendants Overnite Transportation Company and Perry D. Wolford demand judgment in their favor and against Plaintiffs together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFFS 44. Plaintiffs' Complaint fails to state a cause of action as against Answering Defendants upon which relief may be granted. 45. No act or omission on the part of Answering Defendants or either of them was a substantial contributing factor in bringing about Plaintiffs' injuries and/or damages, all such injuries and/or damages being expressly denied. 46. Defendants reserve their right to raise one or more of those defenses reserved at Pa.R.c.P. 1030. 47. Plaintiffs' damages, if any, may be barred and/or limited by Plaintiffs' failure to mitigate their damages as required by law. 48. Plaintiffs' injuries and/or damages, if any, were caused not by any act or omission on the part of Answering Defendants or either of them but result solely from pre-existing physical and/or medical conditions which are unrelated to the motor vehicle accident which is the subject of Plaintiffs' Complaint. 49. Plaintiffs' contributory negligence either bars Plaintiffs' right to recover completely, or limits Plaintiffs' right to recover in this action under the Doctrine of Comparative Negligence. 50. Plaintiffs' damages, if any, were the result of an unavoidable accident and/or sudden emergency. 51. Plaintiffs' injuries and/or damages, if any, were caused in whole or in part by persons and/or parties over whom Answering Defendants had neither control nor right of control. 52. Plaintiffs' claims may be barred and/or limited by the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. ~ 1701, et seq. WHEREFORE, Answering Defendants Perry Wolford and Overnite Transportation Company demand judgment in their favor and against Plaintiffs together with such other relief as this Court shall deem appropriate. NEW MATTER CROSS-CLAIM PURSUANT TO Pa.R.C.P. 22SUd) 53. Answering Defendants incorporate by reference their Answer with New Matter to Plaintiffs' Complaint as if set forth at length herein. 54. To the extent that Plaintiffs' allegations are proven concenung the alleged negligence of Defendants Schneider NationallMetler Glass and/or Johnny Massengill, then Defendants Schneider NationallMetler Glass and/or Johnny Massengill are alone liable to Plaintiffs or are liable over to Ovemite Transportation Company and/or Perry D. Wolford for contribution and/or indemnity and a claim is pleaded therefore. WHEREFORE, Answering Defendants demand judgment in their favor and against Defendants Schneider NationallMetler Glass and Johnny Massengill together with such other relief as this Court shall deem appropriate. DATE: 1U~ Z 1/ 'lCAJ'2- BY: Respectfully submitted, MARSHALL,DENNEHEY,WARNE~ COLEMAN & GOGGIN hJtmON'ESQumE I.D. No. 52 8 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants, Overnite Transportation Company and Perry D. Wolford VERIFICATION Timothy J. McMahon, , Attorney for Defendants, Overnite Transportation Company and Perry D. Wolford, verifies that the facts set forth in the Answer with New Matter and New Matter Cross-Claim Pursuant to Pa.R.C.P. 2252(d) are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: "JU}J\E Z. 71 'J,ooz, KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAUMETLER GLASS and JOHNNY MASSENGILL, Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thi~f\~ day 0 ,2002, served a copy of the foregoing document via First Class United States mail, postage prepaid a Karen Durkin, Esquire Jarad W. Handelman, Esquire Smith, James & Durkin PO Box 650 Hershey, P A 17033-0650 Timothy J. Abeel, Esquire James A. Wescoe, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, P A 19107 ~ ,\A. \\\,~~. Jo M. Parr '6; 4- \~, uJ'<" ,-~.. -- c~ - ~ -z. ?4:. C)'C;, ():z "3 :>- (/; ~ (0 ':l- ;.;.... c'() ::....) "",_._",_",'.d"_"',_,~","~''''.''' RA WLE & HENDERSON LLP BY: Timothy J. Abeel, Esquire Identification No. 49791 BY: James A. Wescoe, Esquire Identification No. 82923 The Widener Building One South Penn Square Philadelphia, P A 19107 (215) 575-4200 Attorneys for Defendants, Schneider Specialized Carriers, Inc. and Johnny Massengill KENNETH P. MCDONALD and CAROLYN J. MCDONALD, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs, vs. CNIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NA TIONALIMETLER GLASS and JOHNNY MASSENGILL, NO. 02-1678 Defendants. ANSWER OF DEFENDANTS, SCHNEIDER SPECIALIZED CARRIERS, INC. AND JOHNNY MASSENGILL, TO NEW MATTER CROSSCLAlM OF OVERNITE TRANSPORTATION COMPANY AND PERRY D. WOLFORD Answering defendants, Schneider Specialized Carriers, Inc. and Johnny Massengill, by and through counsel, Rawle & Henderson LLP, hereby respond to defendants Overnite Transportation Company and Perry D. Wolford's New Matter Crossclaim as follows: 54. Denied. The allegations set forth in this Paragraph are conclusions oflaw within the meaning ofPa.R.C.P. 1029(e) and accordingly these allegations are denied and proof thereof is demanded at trial, if relevant. 0685870,01 WHEREFORE, answering defendants respectfully request that this Honorable Court dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, and grant judgment in favor of defendants and against plaintiffs, and grant such other and further relief as this Honorable Court deems just and proper. By: T . Abeel, Esquire ames A. Wescoe, Esquire Attorneys for Defendants, Schneider Specialized Carriers, Inc. and Johnny Massengill 7 !:z I q,). Dated: 0685870,01 VERIFICATION JAMES A. WESCOE, ESQUIRE, hereby states that he is an associate ofthe law firm of Rawle & Henderson LLP, attorneys for defendants, Schneider Specialized Carriers, Inc. and Johnny Massengill, and that he is authorized to make this Verification on behalf of said defendants. The undersigned verifies that the statements made in the foregoing Answer are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements set forth in said pleading are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: July 2, 2002 0685870,01 , . CERTIFICATE OF SERVICE I, James A. Wescoe, Esquire, attorney for Defendants Schneider Specialized Carriers, Inc. and Johnny Massengill do hereby certify that a true and correct copy of the foregoing Answer to Defendants' Crossclaim was mailed to the following counsel by United States First Class Mail, postage prepaid. Karen Durkin, Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, P A 17033-0650 Timothy 1. McMahon, Esquire Marshall, Dennehy, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Date: 7/rlo,)- 0685870,01 0 a 0 c.: 1"0 -"'1 ~ ~ ::--. ,I l.' [' fl' .. '- ::0 '--:-j ;~ r r--- ""- , " nl 0-; , c' c...,; C~"J - _J II" " I- e ~ \._) :::.... ~": ii J-:'~ ') <.. i--:; - C.> 5:; c: - ~ ....') IT] :z: .::-f =<! ~n :D Ui -< \05_ A \LIAB\ TJM\LLPG\995181JMF\15350\OO146 KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verifications of Overnite Transportation and Perry D. Wolford, Defendants in the above-referenced matter, for that of the undersigned to be attached to the Answer with New Matter to Plaintiffs Complaint and New Matter Cross-Claim Pursuant to Pa.R.C.P. 2252(d) filed in this matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: tjU.f ~I 2CJJ2- BY: T THY: I.D. No.5 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3505 Attorney for Defendants, Overnite Transportation Company and Perry D. Wolford 06-28-2002 02:34 From-MARSHALL DENNE HEY +7172321849 T-629 P003 H94 VERIFICATION I hereby affirm that the following facts are correct: Overnite Transportation Company is a Defendant in the foregoing action and I am authorized to execute this Verification on their behalf. The attached Answer wiTh New Matter to Plaintiffs' Complaint and New Matter Cross-Claim Pursuant to Pa.R.C.P. 2252(d) are based upon information which has been gathered by my counsel in the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs' Complaint and New Matter Cross-Claim are that of counsel and not of me. I have read the Answer, and to the extent that the responses are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. To the extent that the contents of the responses are that of counsel, I have relied upon counsel in making this Verification. 1 hereby acknowledge that the facts set forth in the aforesaid responses are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: J (ty If/v BY: VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter and New Matter Cross-Claim Pursuant to Pa.R.C.P. 2252(d) are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter is that of counsel and not my own. I have read the Answer with New Matter, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. By,~f)~#- Pe~ . Wolf or DATE: KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thisC\*' day of July, 2002, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Karen Durkin, Esquire Jarad W. Handelman, Esquire Smith, James & Durkin PO Box 650 Hershey, P A 17033-0650 Timothy J. Abeel, Esquire James A. Wescoe, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 ~'".. ~,~ Jo M. Parr () Cl 0 ~ r;.) .-Tl C- o;:! ulTi c:: ::D CD L~~ I F-n r'''.'- "'- ~.J.~.' -oi''T1 Le- O 3'( Cf)L, ../ '-,U ~b -0 (?2; '"J>C' 3": 2' :>~ '>? ','''"nl ::~ Z '...> S :::< (n -< KENNETH P. MCDONALD and CAROLYN 1. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNlTE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants : NO. 02-1678 : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS OVERNITE TRANSPORTATION COMPANY AND PERRY D. WOLFORD The Plaintiffs, Kenneth P. McDonald and Carolyn J. McDonald, by and through their counsel, James, Smith, Durkin & Connelly, LLP, hereby makes Reply to Defendants Overnite Transportation Company and Perry D. Wolford's New Matter and in support thereof states the following: 44. Denied. The averments in paragraph forty-four (44) are conclusions oflaw to which no responsive pleading is required and strict proof hereof is demanded at trial. 45. Denied. The averments in paragraph forty-five (45) are conclusions oflaw to which no responsive pleading is required and strict proof hereof is demanded at trial. 46. No responsive pleading is required. 47. Denied. The averments in paragraph forty-seven (47) are conclusions oflaw to which no responsive pleading is required and strict proof hereof is demanded at trial. '- 48. Denied. The averments in paragraph forty-eight (48) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 49. Denied. The averments in paragraph forty-nine (49) are conclusions oflaw to which no responsive pleading is required and strict proof hereof is demanded at trial. 50. Denied. The averments in paragraph fifty (50) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 51. Denied. The averments in paragraph fifty-one (51) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 52. Denied. The averments in paragraph fifty-two (52) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at nial. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: 7//1/#'# BY:~ Attorney LD. #29563 JARAD W. HANDELMAN, ESQUIRE Attorney LD. #82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiffs Kenneth P. McDonald and Carolyn J. McDonald' CERTIFICA TE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Plaintiffs' Reply to Defendants' New Matter upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this /1 day of July, 2002. SERVED UPON: Timothy Jo Abeel, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 (Attorney for Schneider National Carriers, Inc., and Johnny Massengill) Timothy 1. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B HanisbUIog, PA 17112 (Attorney for Overnite Transportation Co., and Perry D. Wolford) ~M;LJ ar kin, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP () 0 C) c: N -VI ;;;:: , -oO:j C ~'.lJ mrr; ,- ~- Z~' ~.. '. fT'\ Z~~' N . I::) ~:2~ ..J ( ") ~C' ~r, -0 )?~~ ;,r-.;C) :J.;.:. =-=0 W Orfl PC: ,--l Z ,,,-, 5.i =< en -< KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NA TIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants : NO. 02-1678 : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS SCHNEIDER SPECIALIZED CARRIERS, INC. AND JOHNNY MASSENGILL The Plaintiffs, Kenneth P. McDonald and Carolyn 1. McDonald, by and through their counsel, James, Smith, Durkin & Connelly, LLP, hereby makes Reply to Defendants Schneider Specialized Carriers, Inc. and Johnny Massengill's New Matter and in support thereof states the following: 44. Denied. The averments in paragraph forty-four (44) are conclusions ofIaw to which no responsive pleading is required and strict proof hereof is demanded at trial. 45. Denied. The averments in paragraph forty-five (45) are conclusions oflaw to which no responsive pleading is required and strict proof hereof is demanded at trial. 46. Denied. The averments in paragraph forty-six (46) are conclusions ofIaw to which no responsive pleading is required and strict proof hereof is demanded at trial. 47. Denied. The avennents in paragraph forty-seven (47) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 48. Denied. The avennents in paragraph forty-eight (48) are conclusions, of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 49. Denied. The avennents in paragraph forty-nine (49) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 50. Denied. The avennents in paragraph fIfty (50) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 51. Denied. The avennents in paragraph fIfty-one (51) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 52. Denied. The avennents in paragraph fifty-two (52) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 53. Denied. The avennents in paragraph fIfty-three (53) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 54. Denied. The avennents in paragraph fifty-four (54) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 55. Denied. The averments in paragraph fifty-five (55) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 56. Denied. The averments in paragraph fifty-six (56) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 57. Denied. The averments in paragraph fifty-seven (57) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 58. Denied. The averments in paragraph fifty-eight (58) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 59. Denied. The averments in paragraph fifty-nine (59) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at tIial. 60. Denied. The averments in paragraph sixty (60) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 61. Denied. The averments in paragraph sixty-one (61) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 62. Denied. The averments in paragraph sixty-two (62) are conclusions of law to which no responsive pleading is required and stI"ict proof hereof is demanded at trial. 63. Denied. The averments in paragraph sixty-three (63) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 64. Denied. The averments in paragraph sixty-four (64) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. 65. Denied. The averments in paragraph sixty-five (65) are conclusions of law to which no responsive pleading is required and strict proof hereof is demanded at trial. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: f;/Ifo :& By, ~n'-;...) , ESQUIRE Attorney LD. #29563 JARAD W. HANDELMAN, ESQUIRE Attorney LD. #82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiffs Kenneth P. McDonald and Carolyn J. McDonald CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Plaintiffs' Reply to Defendants' New Matter upon the following belOW-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this/! day of July, 2002. SERVED UPON: Timothy J. Abeel, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 (Attorney for Schneider National Carriers, Inc., and Johnny Massengill) Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Overnite Transportation Co., and Perry D. Wolford) (~A.": ; e m, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP >- s; is: UJr:c' tl? {~: (.L;) F~~ ;TJ~.:. u... o Lj) N M i?= z 3< u~ O;:j 70) ::Sz ccz tlJ LU C1.1 a.. :2 ::> () .:~~= 0.... 0-1 _I -, =) ('oJ C) 105_ A ILlABI TJMILLPGll 0451 0IJMF\15350100 146 KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANTS. OVERNITE TRANSPORATION COMPANY AND PERRY D. WOLFORD TO THE NEW MATTER CROSS-CLAIM OF DEFENDANTS. SCHNEIDER SPECIALIZED CARRIERS. INC. (f/k/a SCHNEIDER NATIONALIMETLER GLASS) ANI> JOHNNY MASSENGILL 66. Defendants, Overnite Transportation Company and Perry D. Wolford, incorporate by reference their Answer with New Matter to Plaintiffs' Complaint as if set forth at length herein. 67. Denied. The allegations set forth in this Paragraph constitute conclusions of law within the meaning of Pa.R.c.P. 1029(e) and accordingly the same are denied and proof thereof is demanded at trial if relevant. By way of further answer, Defendants, Overnite Transportation Company and Perry D. Wolford, specifically deny any and all liability to Plaintiffs as alleged together with any and all liability whether jointly and/or severally to Defendants, Schneider Specialized Carriers, Inc. and/or Johnny Massengill. WHEREFORE, Defendants, Overnite Transportation Company and Perry D. Wolford, demand judgment in their favor and against all other parties together with such other relief as this Court shall deem appropriate. DATE: If{ZU {02, BY: Respectfully submitted, MATTHEW LD. No. 76080 4200 CruffiS Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorney for Defendants, Overnite Transportation Company and Perry D. Wolford VERIFICATION Matthew L. Owens, Esquire, Attorney for Defendants, Overnite Transportation Company and Perry D. Wolford, verifies that the facts set forth in the Answer to the New Matter Cross- Claim of Defendants, Schneider Specialized Carriers, Inc. (f/kJa Schneider NationallMetler Glass) and Johnny Massengill, are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE tl/1lJ { 01.. KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, -BnhcACv- 5a,/)~Q[' , an employee of Marshall, Dennehey, Warner, Coleman & , [ Goggin, do hereby certify that on this ,2'7 /-1.,day of November, 2002, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Karen Durkin, Esquire Jarad W. Handelman, Esquire SMITH, JAMES & DURKIN P.O. Box 650 Hershey, PAl 7033-0650 James A. Wescoe, Esquire Timothy J. Abeel, Esquire RA WLE & HENDERSON, LLP The Widener Building One South Penn Square Philadelphia, P A 19107 --i~ b ~, . () c <- -Ow n1fT' Z..', -l."r Zr- en,.!'., -<'/ ~c >'c-' ~g z :<! o N o r-" n I W -U -JJ,. o ..,.., ..-! ';JJ .rn (-, ') (l.) J .:er. t_ -on :~~ ~ 55 -< N .. '" CJl KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA vs. CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, NO: 02-1678 Defendants STIPULATION TO CHANGE CAPTION The undersigned counsel for the parties hereby agree to amend the caption to correctly identify Schneider National/Metler Glass as "Schneider Specialized Carriers, Inc." Counsel therefore agree that the caption of the above case should be changed to read as follows: KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER SPECIALIZED CARRIERS, INC. and JOHNNY MASSENGILL, NO: 02-1678 Defendants Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY Dated: I:{ /q lo:r , ( BY:~~ URKIN, ESQUIRE Attorney J.D. #29563 JARAD W. HANDELMAN, ESQUIRE Attorney J.D. #82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiffs Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN GOGGIN . Dated: /:)/7 It ~ By: - 1/M1((f/ Timothy 1rc on, Esquire Marshall, ~nnehey, Warner, Coleman & Goggin 4200 Crums jMill Road, Suite B Harrisburg, PA 17112 (Attorney for Overnite Transportation Co., and Perry D. Wolford) Dated: Tim lliy J. A 1, Esquire James A. \Vescoe, Esquire Ra\vle & Henderson LLP The Widener Building One South Penn Square Philadelphia, P A 19107 (Attorney for Schneider Specialized Carriers, Inc., and Johnny Massengill) CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Stipulation to Change Caption upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 1 ih day of December, 2002. SERVED UPON: Timothy J. McMahon, Esquire Matthew L. Owens, Esquire Marshall, Dennehey, Wamer, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PAl 7112 Timothy J. Abeel, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, P A 19107 ,/ .'.J-~/ '/ L / ,'~1:~~~ ~ V'~ REN DURKIN, ESQUIRE JAMES, SMITH, DURKIN & CONNELLY LLP (") c~-:) C) C r.......) "1 '" '-::J -0 G ;""" , :1 rn , ' :"., ~ Cj} ~, GJ -<, " S: . -" c-, , ,<~- c:'; J; c i".,.) : -~ -7 ,.~ ~ i-.......:~ ~;-1 -'> . -J -< KENNETH P. MCDONALD and CAROLYN J. MCDONALD, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER NA TIONAL/METLER GLASS and JOHNNY MASSENGILL, NO: 02-1678 Defendants ORDER DE~ 2002 AND NOW, this,:j' day of December, 2002, upon agreement of counsel, the Stipulation to Change Caption filed in this matter is hereby APPROVED. The Prothonotary is directed to amend the above-referenced caption as follows: KENNETH P. MCDONALD and CAROLYN J. MCDONALD, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - LAW OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER SPECIALIZED CARRIERS, INC. and JOHNNY MASSENGILL, NO: 02-1678 Defendants E.~ 1't~.l. ~~~ J ~ -613 -0[;).. J. \ V/NV/\1)8NNJd U~'n'""'" ~', r'", '-'''''1'"'0 \' I~ " 1 I J I \ "'J ,. L.,1 ~.., '. :,'I!\.! , I ',h" '" i' ". s)f~ i: 1 :OI!Jjf e Z J3U ? (j ""Hi!.:::!,' KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs v. OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1678 CIVIL ACTION - LA W JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants Ovemite Transportation Company and Perry D. Wolford, in the above-captioned matter. DATE: , z.. {Z,7 ( O'l- MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY:~ MATT . OWENS, ESQUIRE LD. No. 76080 4200 Crums Mills Road, Suite B Harrisburg, PAl 7112 (717) 651-3501 KENNETH P. McDONALD and CAROLYN J. McDONALD, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, ---1J,tJ..- ~....r: an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this .2.7 ~'h day of December, 2002, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Karen Durkin, Esquire Jarad W. Handelman, Esquire SMITH, JAMES & DURKIN P.O. Box 650 Hershey, P A 17033-0650 James A. Wescoe, Esquire Timothy J. Abeel, Esquire RA WLE & HENDERSON, LLP The Widener Building One South Penn Square Philadelphia, P A 19107 !\ ~ eLL,{ <; --L- c...f--r' a'-- J - . (") c ~ -0 ii1 r:v f~: .rt:.-..+l. Z,- ~~~; ~,_.., )>r-, ~ <.--:) >e: -7 ~ ,'" ~~. o I'V o ['1 C1 W (J " ..,., I""'" -"-.!T1 ,i, ~:-.J ~~6 '--.-' "'.r~ ,~~~ Oi'n ---< ?D -< -0 N .. N r-.> KENNETH P. MCDONALD and CAROLYN J. MCDONALD, Plaintiffs vs. OVERNITE TRANSPORTATION CO., PERRY D. WOLFORD, SCHNEIDER SPECIALIZED CARRIERS, INe. and JOHNNY MASSENGILL, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CNIL ACTION - LAW : NO. 02-1678 : JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of the Plaintiffs with respect to the above-captioned matter. Dated: / //do3 I f By: Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP ~ URKIN, ESQUIRE Attorney LD. #29563 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 (") f; 92~j zc ~~~<; ~8 ~>c -;7 =< o w r' ....".J _"oj L_ :';:;:> "~1~ C), --0 N '.-" , ~.I-'--. :J::l ~ \0 or ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Plaintiffs with respect to the above-captioned matter. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: I J f 5/03 . , _I----L ~ .c- \ 'T!i -~' (~ ("') ~ . '-'" =--~..... ----X.... ) By. ~ vo-_:>. ) ~ JARAD W. HANDELMAN, ESQUIRE Attorney LD. #82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Plaintiffs ..... - CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Praecipe to Withdraw AppearancelEntry of Appearance upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this I,)" day of January, 2003. SERVED UPON: Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Timothy 1. Abeel, Esquire Rawle & Henderson, LLP The Widener Building One South Penn Square Philadelphia, P A 19107 kin, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP - -.. o C <::' -o6--~ (11["' 2; ~;~ ~?{ r:::::\..c ~~.- ~8 >c ~ C./ ~\ v> ~I :I;o ::J ) r") ~,:.~ rn , , =~~t -j:" ~~ - N .. \.D \01_21 \LIABIJDH\SLPG\384649\VLC\15350\00 146 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: JAMES D. HILLY, ESQUIRE LD. No. 27571 1845 Walnut Street - 21 sl Floor Philadelphia, P A 19103 (215) 575-2783 Attorney for Defendants Overnite Transportation Co., and Perry D. Wolford KENNETH P. McDONALD and CAROLYN J. McDONALD, PENNSYL VANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs v. NO. 02-1678 OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONALIMETLER GLASS and JOHNNY MASSENGILL, Defendants CNrL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE. To THE PROTHONOTARY: Kindly withdraw my appearance on behalf of defendants, Overnite Transportation Company and Perry D. Wolford, in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Q14Itr~ (J~ M TTHEW 1,. OWE S, ESQUIRE ENTRY OF ApPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendants, Overnite Transportation Company and Perry D. Wolford, in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLE & GOGGIN 2J~ . HILLY, ESQU o c S. '""Qc-: rnrr z:r: zc U~'2 ~c:. ~c ___ ( i 'J>C ~ C.:' 0..; 7:;llO ,,' :;:-0 c) -ij ,I ,~O ;" (..;l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION NO. 021678 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 VLADA TASICH, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto wan mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this cert.ificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 07/30/03 VLADA TASICH, ESQUIRE 1845 WALNUT ST PHILA, PA 19103 215-575-2600 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-4907 File #: M301l48 By: Jacqueline Ciarrocchi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 021678 TO: JARAD RANDLEMAN, ESQ (PLAINTIFF) TIMOTHY ABEEL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 07/09/03 VLADA TASICH, ESQUIRE 1845 WALNU7~ ST PHILA, PA 1.9103 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacqueline Ciarrocchi Enc(s): Copy of subpoena(s) Counsel return card File #: M301148 <XMDNWE2\LTH OF PmNSYLVANIA CXXlNl'Y OF aJMBEmAND MCDONALD & MCDONALD VS. Fi Ie No. 021678 / --------- OVERNITE TRANSPORTATION SUBPOENA TO PRODUCE DClCU-1ENTS OR TH I NGS FOR D I SOJVERY PURSUANT TO RULE 4009.22 CARLISLE HOSP, 246 PARKER ST, CARLISLE P]J, 17013 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l or things: SEE A1TALHJj;lJ AJJlJJj;NlJUM at__ MEDICAL LEGAL REPRODUCTIONS(AcDIC;;~s~940 DISSTON ST. I PHILA" PA You may deliver or mail legible copies of the documents or produce things requested b, this subpoena, together with the certificate of camliance, to the party making thi~ request at the address I isted above. You have the right to seek in advance the reasonab Ie cost of preparing the copies or producing the things sOught. If you fail (20) days after carpe 11 i ng you to to produce the documents or its serv~ce, the party COll)ly with it. things requ;.red by this subpoena within t"lenty serving thin subpoena may seek a court orde,- TH I S SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLCW I NG PERSON: NAME: VLADA TASICH, ESQ ADORESS: 184. Ii WM.NPT ST PM.lLA, J,'A .l~.lu3 TELEPH:lNE: SU"REt'E CXlURT I D # ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: Q, P.. IY ,20723 ea l' of the Court Division M301148-01 Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 0:<:1678 CUSTODIAN OF RECORDS FOR: CARLISLE HOSP SPECIFICALLY **LIMITED** TO MEDICAL AND EMERGENCY ROOM RECORDS FROM 4/20/00 TO 4/22/00. PERTAINING TO: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BEACH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - ,.. - - - - - - - - - - .. - - - - - - - - .. - - - - .. - - - .. .. - - - .. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or th:i-ngs above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized s~gnature for CARLISLE HOSP CUMBERLAND M301148-01 *** SIGN AND RETURN THIS PAGE *** <XMDNWE!U..TH OF PmNSYLVANIA CXXJNl'Y OF aJMBEmAND MCDONALD & MCDONALD VS. / OVERNITE TRANSPORTATION File No. 021678 11' ORIGINAL X~RAYS REQUESTBD SUBPOENA TO PROCllk::E OOCl..tENTS OR TH I NGS FOR DISOOVERY PURSUANT TO RULE 4009.22 CARLISLE HOSP-X, 246 PARKER ST, CARLISLE PA 17013 TO: ATTN: RADIOLOGY DEPT (Ncrne of Person or Ent i ty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent>; orSmrgAirlACHEJJ ADDENDUl'vI at MEDICAL LEGAL RBPRODUCTIONS(AJI~~st940 DISSTON ST., PBILA., PA You may del iver or mai I legible copies of the doct.ments or produce things requested h) this subpoena, together with the certificate of cc:rrpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of preparing the copies or producing the things sought. I f you fai I to produc::e the docunents or things reQU'ired by this subpoena within t""enty (20) days after its service, the party serving th'i,.. ~,ubpoena may seek a court orde;' carpel ling you to carply with. it. 'TlilS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FClLLCWING PERSON: NAI'E: VLADA TASICH, ESQ ADORESS : 1845 WU,}]:P'I' ST J,'J:i.LLA, ),'}\ 1!11.03 TELEPH:)NE: SlJ'REt'E exulT 10# ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: g,;. i'I ,;Un).3 S I ~f the Court Prot Division M301148-02 Deputy (Eft. 1/97) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 0:!1678 CUSTODIAN OF RECORDS FOR: CARLISLE HOSP-X SPECIFICALLY **LIMITED** TO X-RAY E'ILMS FROM 4/20/00 TO 4/22/00. PERTAINING TO: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BEACH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN ( RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ( ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed bate Author~zed s~gnature for CARLISLE HOSP-X CUMBERLAND M301148-02 *** SIGN AND RETURN THIS PAGE *** <XMDNWEALTH OF P~VANIA CCXJNl'l( OF aJMBEm,AND MCDONALD & MCDONALD VS. File No. 021678 OVERNITE TRANSPORTATION / -- MEDICAL BILLING REQUESTED SUBPOENA TO PROOUCE DOCl.JoENTS OR TH I NGS FOR 0 I SCXlVERY PURSUANT TO RULE 4009. 22 TO: DR MICHAEL BARNETT, 348 GIFFORD ST, FALMOUTH MA 02540 (Ncme of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doct..mentl; orS~gX1IACIIEf) ADflENDUM at MEDICAL LEGAL REPRODUCTIONS("AR~~S)4940 DISSTON ST., PHILA., PA' You may del iver or mai I legible copies of the doct..ments or produce things requested h, this subpoena, together with the certificate of COJl)1iance, to the party making thi, request at the address I isted above. You have the right to seek in advance the reasonab I E cost of preparing the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within t\oo!enty (20) days after its serv~ce. the party serving thir; ~;ubpoena may seek a court orde;' c:arpel1 ing you to COJl)ly with it. TH I S SUBPOENA WAS NAI'E : ADDRESS : ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: VLADA TASICH, ESQ lS"''' WZ>.T,NTT'T' AT ~LF.PH:lNE : SlPREI"E cx:x.JlT I D# ATTORNEY FOR: hilLA, FA 1!l103 215-335-3212 DEFENDANT DATE: 9.~ {'f:J. /!-V3 Sea 01 the'COUrt ",nEau'''1 ~ f/A prot~tar~t. Oi\': Division M301148-03 Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 021678 CUSTODIAN OF RECORDS FOR: DR MICHAEL BARNETT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BEACH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPrED IN LIEU OF YOUR PERSONAL APPEARANCE. - -- - ---- -- --- --- - ------ - - - - -- ---- --- - - -- RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized s~gnature for DR MICHAEL BARNETT CUMBERLAND M301148-03 *** SIGN AND RETURN THIS PAGE *** CQIoM)NWEALTH OF PEmlSYLVANIA axJNl'Y OF aJMBEm.AND MCDONALD & MCDONALD VS. File No. 021678 OVERNITE TRANSPORTATION , SUBPOENA TO PRODUCE DOCl..t-ENTS OR TH I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009. 22 FALMOUTH HOSP, 100 TER HEUN DR, FALMOUTH MA 02540 TO: ATTN: MEDICAL RECORDS DEPT (Ncrne of Person or Entit;y) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunentl'l orS1t\rgiTTACHED ADDENDU1\J at MBDICAL LBGAL RBPRODUCTIONS(A~~~s1940 DISSTON ST., PHILA., PA You may de liver or ma i I I as i b 1 e cop i es of the doct.ments or produce th i ngs requested h) this subpoena, together with the certificate of carp liance , to the party making thi, request at the address I isted above. You have the right to seek in advance the reasonab IE cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within t"lenty (20) days after its serv~ce, the party serving thb subpoena may seek a court orde" compelling you to comply with it. TH I S SUBPOENA WAS NA/'E: ADDRESS: ISSUED AT THE REQUEST OF THE FOLLQl/ING I'ERSON: VLADA TASICH, ESQ 1945 WD.T.MTT'T' QT TELF.PH:lNE: SlPREI'E CXllJlT I D 4* ATTORNEY FOR: 1't1 .I. LA , PH. 19103 215-335-3212 DEFENDANT DATE: g, Ply ;),.il7! 3 Se I bf tHe Court Division M301148-04 Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. 'No. 021678 OVERNITE TRANSPORTATION CUSTODIAN OF RECORDS FOR: FALMOUTH HOSP Any and all hO!lpital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BEACH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - ~ - - - - .... - - - - - - - - - - _. - - .. - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS A VA/LABLE: I hereby certify t:iat a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS PATIENT BILLING RECORDS / XRAYS have been destroyed X-RAYS bate--' Author:Lzed s:Lgnature for FALMOUTH HOSP CUMBERLAND M301148-04 *** SIGN AND RETURN THIS PAGE *** COM<fJNWEALTH OF PENNSYLVANIA axJm'Y OF aJMBFmAN[) MCDONALD & MCDONALD VS. File No. 021678 OVERNITE TRANSPORTATION SUBPOENA TO PRODlX:E DCX::l.J'lENTS OR TH I NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009.22 TO: OPTHALMIC CONSULTANTS, 50 STANIFORD ST STE 600, BOSTON MA 02114 (N!ITle of Person or Ent i ty) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent", orsmtngiTTACHED ADDENDlJI.VI at MEDICAL LEGAL REPRODUCTIONS(AJJ~!sf940 DISSTON ST., PHILA., PA You may'" deliver or mail legible copies of the docunents or produce things requested hI t.his subpoena, together with the certificate of carc:>liance, to the party making thi~ request at the address listed above. You have the right to seek in advance the reasonablE cost of preoaring the copies or producing the things sought. I f you fai 1 to produce the doct.rnents or things requ'ired by this subpoena within twenty (20) days after its serv~ce, the party serving th'i:; mlbpoena may seek a court orde;' cx.rrpelling you to carc:>ly with it. lli I S SUBPOENA WAS NAI'E : ADDRESS: ISSUED AT THE REQUEST OF THE FOLLClNING PERSON: VLADA TASICH, ESQ lS4!> 1''''L):JTT'T' ~'T' TELEPH:lNE: SlPREI'E CXlU'lT I D 4* ATTORNEY FOR: t'tHLA, t'A 1~103 215-335-3212 DEFENDANT DATE:-sfJ.f~ f'( :1.0'&3 s 1 f tile Court Prot I Division M301148-05 Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 0;!1678 CUSTODIAN OF RECORDS FOR: OPTHALMIC CONSULTANTS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BEACH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 CERTIFffiD PHOTOCOPffiS WILL BE ACCEPTED IN LffiU OF YOUR PERSONAL APPEARANCE. - - - - - - ... ... - ... - ... ... - ... ... ... ... ... ... - - ... - - ,- ... - - ... ... - ... - ... - ... - ... ... RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed [fate Author~zed s~gnature""'1Oi' OPTHALMIC CONSULTANTS CUMBERLAND M301J.48-05 *** SIGN AND RETURN THIS PAGE *** <:nMJNWEALTH OF PmNSYLVANIA axJNl'Y OF aJMBEmAND MCDONALD & MCDONALD VS. File No. 021678 OVERNITE TRANSPORTATION SUBPOENA TO PROCll..k::E OOCl..t'ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MASSACHUSETTS EYE & EAR, 243 CHARLES ST, BOSTON MA 02114-3096 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docLment!l orS~gA.l-TACllED ADDENDUi\<I at MEDICAL LEGAL REPRODUCTIONS(AJJ~!sf940 DISSTON ST., PHILA., PA You may del iver or mai I legible copies of the docLments or produce things requested hI this subpoena, together with the certificate of carp liance , to the party making thi, request at the_address listed abOve. You have the right to seek in advance the rea<;onabl€ cost of preparing the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving thin ~;ubpoena may seek a court orde;' c;arpelling you to carply with it. ' TH I S SUBPOENA WAS NAJ'oE : ADDRESS : I SSUEO AT THE REGlUEST OF THE FOLLON I NG PERSON: VLADA TASICH, ESQ 1. S 4 5~r:a T .MTT'T' ~." <'r1J........., E'A 1~n0-3 TELF.PHONE: SU'RE/'E CXlURT I D # ATTORNEY FOR: 215-335-3212 DEFENDANT DATE: (tt IV ~'.3 S I 10, the Court Division M301148-06 Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 0:<:1678 CUSTODIAN OF RECORDS FOR: MASSACHUSETTS EYE & EAR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BEACH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF' YOUR PERSONAL APPEARANCE. ... - ... ... - ... - ... - ... ... - ... ... - - - - .. ... - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby cert:lfy as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify th.at a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author~zed s~gnature for MASSACHUSETTS EYE & EAR CUMBERLAND M301148-06 *** SIGN AND RETURN THIS PAGE *** <X>>MJNWE!\LTII OF PENlSYLVANIA CXXlNTY OF aJMmmAND MCDONALD & MCDONALD VS. File No. 021678 OVERNITE TRANSPORTATION SUBPOENA TO PROCll.k::E OOCl..t'ENTS OR TH I NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009. 22 DR JOHN MITCHELL, 23 FALMOUTH HEIGHTS RD, FALMOUTH MA 02540 TO: (NlI1le of Person or Ent it~y) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!l orSitlrgX.l-TACHED ADDENDlJ1\-1 at MEDICAL LEGAL REPRODUCTIONS(AJI~~st940 DISSTON ST., PHILA., PA You may del iver or mai l'legible copies of the docunents or produce things requested hI this subpoena, together with the certificate of carpliance, to the party making thi, request at the address_listed above. You have the right to seek in advance the rea:;onablE cost of preparing the copies or producing the things sought. If you fa;! to produce the docunents or things required by this subpoena within t",enty (20) days after its serv~ce, the party serving thin subpoena may seek a court orde., o::rrpe 11 ing you to carply with it. - THIS SUBPOENA WAS NAI-E : ADDRESS: ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: VLADA TASICH, ESQ lQ4t;, oonT.NTT'T' ~'T' ~n.LLA, l'A 1!l103 TELEPHONE: 5U>R&E COU'lT 10 # ATTORNEY FOR: 215-335-3212 . DEFENDANT ivision M301148-07 DATE: g. ~ I ~ :I1hJ3 Sea the Court Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 0:<:1678 CUSTODIAN OF RECORDS FOR: DR JOHN MITCHELL ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREAXMENT RENDERED TO: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BEACH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 CERTll<'lliD PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - '.. - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed bate AuthorJ.zed sJ.gnature for DR JOHN MITCHELL CUMBERLAND M301148-07 *** SIGN AND RETURN THIS PAGE *** roMM:lNWEl\LTH OF PmNSYLVANIA <XXINl'Y OF aJMBFEAND MCDONALD & MCDONALD VS. File No. 021678 OVERNITE TRANSPORTATION ORIGINAL X-RAYS REQUBSTED SUBPOENA TO PFlOClLa:: ooc:u-eNTS OR TH I NGS FORD I SCX>VERY PU'lSUANT TO RULE 4009. 22 FALMOUTH ORTHO ASSOCS, 348 GIFFORD ST, FALMOUTH MA 02540 TO: (NlI11e of Person or Ent i ty) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following docunent,; orSWngi11ACHED ADDENDUM at MEDICAL LEGAL RBPRODUCTIONS(A&J~~st940 DISSTON ST., PHILA., PA You may deliver or mail legible 'Copies of the doc1.rnents or produce things requested hI this subpoena, together with the certificate of CO'Tpliance, to the party making thi" request at the address I isted above. You have the right to seek in advance the reasonab IE cost of preparing the copies or producing ~'e things sought. I f you fai I to produCe the docunents or things required by this subpoena within t"'!enty (20) days after its servjce, the party serving thh subpoena may seek a court orde.' ccrrpelling you to ca1lJly with it. TH I S SUBPOENA WAS NAI'E : ADDRESS : ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: %ADA TASICH, ESQ 11345 TA1l1.T.1\TT1'T'-~T .r'.t1J...l.1l\, PA 1~103 TELEPI<lNE: SlPREI'E OJURT ID#__?15-335-3212 ATTORNEY FOR: DEFENDANT BY THE coun: Division M301148-08 DATE: ~ 't.;,2t.f1l3 Se I f e Court Prot Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 021678 CUSTODIAN OF RECORDS FOR: FALMOUTH ORTHO ASSOCS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BEACH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF' YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date---'- Authorized s~gnature for FALMOUTH ORTHO ASSOCS CUMBERLAND M301148-08 *** SIGN AND RETURN THIS PAGE *** cnM:lNWEALTH OF pmNSYLVANIA axJNl'Y OF CUMBERIAND MCDONALD & MCDONALD VS. File No. 021678 OVERNITE TRANSPORTATION ORIGINAL X-RAYS REQUESTED SUBPOENA TO PROOlX:E ocx::lJ'ENTS OR 1H I NGS FOR 0 I SOOVERY PURSUANT TO RULE 4009. 22 DR GEORGE MCMANAMA JR, C/O DEPT OF ORTHO SURGERY, 100 HIGHLAND ST TO: MILTON MA 02186 (Nane of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunentl'l orSifirgATTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(AJI~~sf940 DISSTON ST., PHILA., PA YOu may deliver or mail legible copies of-the docunents or produce things requested h\ this subpoena, together with the certificate of ccrrp liance, to the party mak ing th;, request at the address listed ab6ite. You have the right to seek in advance the reasonablE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its serv~ce, the party serving thin r;ubpoena may seek a court arde" cx:rrpelling you to carply with it. -. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: VLADA TASICH, ESQ ADDRESS : 1R;Lt; WZ>.T,NTT'T' ~'T', HilLA, l"'A BI03 215-335-3212 TELEPI<lNE: SlJ'REI€ aJUlT 10# ATTORNEY FOR: DEFENDANT BY THE COURT: Division M301148-09 DATE:~'P} l'i .J.VV3 S al of the Court Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 021678 CUSTODIAN OF RECORDS FOR: DR GEORGE MCMANAMA JR ANY AND ALL OFrICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX I~S AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREA'rMENT RENDERED TO: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BF~CH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 ORIGINAl, X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - -- -- -- - - -- ---- - ---------- ----- - - -- --- -- RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATrACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ( ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have: been destroyed Date Author1zed signature for DR GEORGE MCMANAMA JR CUMBERLAND M301148-09 *** SIGN AND RETURN THIS PAGE *** CXMofJNWEALTH OF PmNSYLVANIA CXXJm'Y OF aJMBEmAND MCDONALD & MCDONALD VS. Fi Ie ~lo. 021678 OVERNITE TRANSPORTATION TO: SUBPOENA TO PROOU:::E OOCl..t'ENTS OR TH I NGS FOR D I SOOVERY PURSUANT TO RULE 4009. 22 UPPER CAPE OPTHALMOLOGY, 14 BRAMBLEBUSH PARK, FALMOUTH MA 02540 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent~ orS~gA"TACItED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(AJJ~~sf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the doctSnents or produce things requested hI this subpoena, together with the certificate of CCfIl)liance, to the party making thi, request at the address listed above. You have the right to seek in advance the rea~onabl€ cost of preparing the copies or producing the things sought. I f you fai 1 to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving thin ..ubpoena may seek a court orde;- carpelling you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLONING PERSON: ~: VLADA TASICH, ESQ ADDRESS : lR4t; W1H,1ITT1'T' !':'I' PrIlLA, FA 15103 215-335-3212 TELEPI-ONE: SlPREi'E CXlURT I D # ATTORNEY FOR: DEFENDANT DATE: Cl. 'V J07n ~ tne Court Prot Division M301148-10 Deputy (Eff. 7/97) . '.. ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 021678 CUSTODIAN OF RECORDS FOR: UPPER CAPE OPTHALMOLOGY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREA't'MENT RENDERED TO: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BFACH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN. COMPLETE AND RETURN [ ] RECORDS ARE AITACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify thelt a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS ) X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed bate Authorized s1gnature for UPPER CAPE OPTHALMOLOGY CUMBERLAND M301148-10 *** SIGN AND RETURN THIS PAGE *** " . . ~ COMMJNWEM.TH OF PEMlSYI,VANIA <XXlNl'Y OF aJMBEmAND MCDONALD & MCDONALD VS. File INo. 021678 / OVERNITE TRANSPORTATION MEDICAL BILLING REQUESTED SUBPOENA TO PRCll:ICXE OCICU1:NTS OR Tl-t I NGS FOR 0 I SCOVERY PURSUANT TO RULE 4009. 22 TO: ARS MEDICARE, 1515 HANCOCK ST, QUINCY MA 02169-5280 (Nane of Person or Entit.y) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'\ orSmf'Si'rTACIIED ADDENDUl\-1 at MEDICAL LEGAL REPRODUCTIONS(A~~!sT940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h, t.his subpoena, together with the certificate of carp liance , to the party making thi, request at the address listed above. You have the right 1;:0 seek in advance the reasonablE cost of preparins the copies or producins the things sought. I f you fai I to produce the docunents or things required by this subpoena within twenty (20) days after its serv~ce, the party serving th,in subpoena may seek a court orde" ccrrpelling you to c:arply with it. ' THIS SUBPOENA WAS NA/'E : AOORESS: I SSUEO AT Tl-tE REQUEST OF T1-tE FOLlCNf I NG PERSON: VLADA TASICR, ESQ lAd" WnT.NTT'T' ,'l'!' TElEPH:lNE: SU"REi'E CXlUlT I 0 # ATTORNEY FOR: PHlLA, PA B103 215-335-3212 DEFENDANT DATE: g, e IV ~ S a I 70f the Court Division M301148-11 Deputy (Eff. 1197) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 021678 CUSTODIAN OF RECORDS FOR: AHS MEDICARE ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES, RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO: NAME: CAROLYN MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO B~~CH FL DATE OF BIRTH: 10/07/29 SSAN: 022228475 MEDICAL BILLING REQUESTED ALL MEDICARE RECORDS AND BILLS AND PAYMENT RECOFDS, ETC FROM 4/20/00 TO THE PRESENT. ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ 1 RECORDS ARE ATTACHED HERETO: I hereby certHy as custodian of records that, to the best of my knowledge, i.nformation and belief all documents or things above mentioned have been produced. [ 1 NO DOCUMENTS AVAILABLE: I hereby certify tha.t a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ) RECORDS ) X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed , ,Date Authorized s~gnature for AHS MEDICARE CUMBERLAND M301148-11 *** SIGN AND RETURN THIS PAGE *** o C'.;: -o::-!'"; ,,-, -''/ ;~ u:~ ~?l_) ">1 ~ ~' C) ( ,'^~ ,~ ,-".' ::;: . . o -It .-. I' ,) , .-..l (1) ; ~ ::..~( _ ,r) ;'T1 ~I ~;:j :...:.: ~.,) ',.) ('::1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MCDONALD & MCDONALD Vs. NO. 021678 OVERNITE TRANSPORTATION CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 VLADA TASICH, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 10/06/03 VLADA TASICH, ESQUIRE 1845 WALNUT ST PHILA, PA 19103 215-575-2600 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISS'I'ON STREET PHILADELPHIA PA 19135 (215) 335-4907 By: Jacqueiline Ciarrocchi File #: M303284 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MCDONALD & MCDONALD Vs. OVERNITE TRANSPORTATION No. 021678 TO: JARAD HANDLEMAN, ESQ (PLAINTIFF) TIMTOHY ABEEL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. Date: 09/15/03 VLADA TASICH, ESQUIRE 1845 WALNUT ST PHILA, PA 19103 ATTORNEY FOR DEFENDANT INQUIRIES S:~OULD BE ADDRESSED TO: MEDICAL LEG~ REPRODUCTIONS, INC. 4940 DISSTa~ STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Jacquel:ine Ciarrocchi Enc(s): Copy of subpoena(s) Counsel return card File #: M303284 CXJ!oM)NWEALTH OF PmNSYLVANLo. axJNl.'Y 'OF aJMBEmAND MCDONALD & MCD'ONALD Vs. Fi Ie No. 021678 OVERNITE TRANSPORTATION SUBPOENA TO PROOlX:E DOCI..t1EIITS OR lH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T'O: WOUND CENTER, 75 RIVERSIDE AVE #4, MEDFORD MA 02155 (NIIlle of Person or Entity) --1-- within twenty (20) days after service of this subpoena, you are ordered by the cou1t to produce the following cIocunentl'l or things: SEE ATTACHED ADD.I!;NUlJM +- --- t - + at I --t-..-- MEDICAL LEGAL REPRODUCTIONS(A~ss1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docl.lnents or produce things requestci bl . this subpoena, together with the certificate of carpliance,to the party makin thi, request at the address listed above. You have the right to seek ih advance the rea,; abl~ cost of preoaring the copies or producing the things sought. i I f you fai I to produce the docunents or things requir'ed by this subpoena within ~.enty (20) days after its serv~ce, the party serving thb ~;ubpoena may seek a court 'de;' c:arpel1ing you to carply with it. . lH I S SUBPOENA WAS NAl"E : AOORESS: I SSUED AT "THE REQUEST OF "THE FOLLON I NG PERSON: VT.nnA TARTClL... ESQ 1843 ilALNUT D'I' PHILA, PA 19103 215-335-3212 TELEPHONE: SlPRE/'E c:ou:lT I D # ATTORNEY FOR: DEFENDANT DATE: '!(:fV~~'th: ~~fF' BY "THE COURT: C ""I~.I Ie. P '!:!::::$.. F.f Prothonc)tary/Cleh, Civil Ch~ (). .~ j-- Division M303284-01 -+--- Deputy (Eff. 71;97) ADDENDUM TO SUBPOENA MCDONALD & MCDONALD Vs. No. 021678 OVERNITE TRANSPORTATION CUSTODIAN OF RECORDS FOR: WOUND CENTER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATI'ON RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: KENNETH MCDONALD ADDRESS: 401 N RIVERSIDE DR POMPANO BEACH FL DATE OF BIRTH: 04/16/29 SSAN: 021201844 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPE~CE. i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Authorized s1gnature for WOUND CENTER Date CUMBERLAND M303284-01 *** SIGN AND RETURN THIS PAGE *** -1' 6"': t 7 ~.:; "":.- (n ~: ~: ~.~ .-::". ~~:> =:j --<. ('} (-:; t'::") 1..1 ~-, ") "' n -n '," C.,, ..', .1::- ~ -.. CIVIL ACTION - LAW 15350.00 146.J78.syw.494642 MARSHALL, DENNEHEY, WARNER, ATTORNEY FOR: DEFENDANTS COLEMAN & GOGGIN By: JAMESD. HILLY, ESQUIRE IDENTIFICATION No.: 27571 1845 WALNUT STREET - 21 ST FLOOR PHILADELPHIA, PA 19103 (215) 575-2600 ............................................................................... KENNETH P. McDONALD and CAROL \'N J. McDONALD, Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. OVERNITE TRANSPORTATION, PERRY D. WOLFORD, SCHNEIDER NATIONAL/METLER GLASS and JOHNNY MASSENGILL, Defendants NO. 02-1678 ORDER TO SETTLE, DISCONTINUE & END To THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended. -s~ Jarad n': Halldelmall, Esquire Attorney for Plailltiffs / Jam D. Hilly, Esquire Attol'1ley for Defelldallts, Ovel'1lite Trallsportatioll Compallyalld Perry D. Wolford () "-> ~ = c = c.n ~... <- :I! -,J !~r" I_.~'f ' c:: ~~ -' 2: .;:-::~ ,-. , (/.',._:1 :0 ~~ -.I Q, " :r:-rl b::!1 :x ~.o t:srn _..~ ~ .;::- ~ 0 --< ~ .tl)\