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Home My WebLink About02-2303Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS KUMTAN THOMAS AND MITCH E. THOMAS, HER HUSBAND, Plaintiff Vs. BATH TRANSPORT, INC., EXPRESS CO. OF AMER/CA, LTD. C/O LIBERTY BELL AGENCY P.O.BOX 159 WARREN, MICHIGAN 48090 ALBERT MECKES 210 LEIGHIGH STREET WALNUTPORT, PA 18088, Defendant Court of Common Pleas No. 02-2303 CIVIL TERM In Civi[Action-Law To BATH TRANSPORT, INC., EXPRESS CO. OF AMERICA, LTD. AND ALBERT MECKES You are hereby notified that KUMTAN THOMAS AND MITCH E. THOMAS, the Plaintiffhas / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date MAY 9, 2002 ATTORNEY Name: DAVID S. KELLER, ESQUIRE Address: KELLER, KELLER AND FREY, LLC 100 WALNUT STREET WAYNESBORO, PA 17268 Attorney for: Plaintiff Telephone: 717-762-3331 Supreme Court ID No. 29948 COMMONWEALTH OF PENNSYLVANIA 9TM JUDICIAL DISTRICT - CUMBERLAND COUNTy Kumtan Thomas and : Civil Action - Law Mitch E. Thomas, her husband, : Plaintiffs : vs. Bath Transport, Inc., EXpress : Co. of America, Ltd. and : Albert Meckes, : Defendants : PRAECIPE FOR WRIT OF SUMMON~ TO: CURT LONG, PROTHONOTARy: Please issue a Writ of Summons on behalf of Plaintiffs against each of the named Defendants. By_ Respectfully submitted, KELLER, KELLER AND FREY, LLC D '~S~e~l~rt I.D. #29948 100 Walnut Street Waynesboro, Pa. 17268 (717) 762-3331 Attorneys for Plaintiffs John A. Statler, Esquire Attorney L D. lqo. 43812 GOLDBERG, KATZMAN & S.IPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (71'/) 234-4161 Attorney for Defendants KUMTAN THOMAS and MITCH E. THOMAS, Her Husband, Plaintiffs BATH TRANSPORT, INC., EXPRESS CO. OF AMERICA, LTD. and ALBERT MECKES, Defendants : IN TI-I~ COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION- LAW : NO. 02-2303 CIVIL TERM :JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERI,AND COUNTY: Please enter the appearance of John A. Statler, Esquire, ofGoldberg, Katta,-am and Shipman, P.C., as counsel for Defendants Bath Transport, Inc., Express Co. of America, Ltd. and Albert Meckes in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I.D. No. 43812 DATE: 80102.1 lo2- 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~.c~"J~ day of ~ ~ ~/~ ,2002, addressed to the following: David S. Keller, Esquire Keller, Keller and Fry, LLC 100 Walnut Street Waynsesboro, PA 17268 By Respectfully submitted, GOI,I~BERG, KATZM_AN & SHIPMAN, P.C. Attorney I. D. No. 43812~ 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants John ^. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & ~H IPMAN, P.C. 32O Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (?17) 234-4161 Attorney for Defendants KUMTAN THOMAS and MITCH E. THOMAS, Her Husband, Plaintiffs BATH TRANSPORT, INC., EXPRESS CO. OF AMERICA, LTD. and ALBERT MECKES, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : :CIVIL ACTION- LAW : : NO. 02-2303 CIVIL TERM : :~URY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Rule upon the Plaintiffs to file a Complaint in the above-captioned action within 20 days or a judgment nonpros will be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Attorney I.D. No. 43812 DATE: 80106.1 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants RULE TO PLAINTIFFS KUMTAN THOMAS and M1TCH E. THOMAS, Her Husband: You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judfxnent nonpros will be entered against you. ' CERTIFICATE OF ~;ER~C~ I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~°t~ day of /V~L~ ,2002, addressed to the following: David S. Keller, Esquire Keller, Keller and Fry, LLC 100 Walnut Street Waynsesboro, PA 17268 By Respectfully submitted, GOLD]~ERG, KATZMAN & SltlPMAN, P.C. lohn A. St~fler, Esquir~ Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorneys for Defendants John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, IC~TZMAN & S~ wMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants KUMTAN THOMAS and M~TCH E. THOMAS, Her Husband, Plaintiffs BATH TRANSPORT, INC., EXPRESS CO. OF AMERICA, LTD. and ALBERT MECKES, Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : NO. 02-2303 CIVIL TERM :JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERI,AND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on May 30, 2002 and served on the date reflected in the attached Certificate of Service. DATE: 80106.1 By: GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on May 30, 2002, upon counsel for Plaintiffs, by depositing same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the :~ v~ x] t~'~ , day of 2002, addressed to the following: David S. Keller, Esquire Keller, Keller and Fry, LLC 100 Walnut Stree{ Waynesboro, PA 17268 By: GOLDBERG, KATZMAN & SHIPMAN, P.C. Attorney I.D. No. 4381~2'~ 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon ail parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~_~ v ~ day of ~.J ~.~ ,2002, addressed to the following: David S. Keller, Esquire Keller, Keller and Fry, LLC 100 Walnut Street Waynesboro, PA 17268 By Respectfully submitted, GOLDBERG, KATZMAN & SI~lPMAN, P.C. Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Jane/Misc/Thomas_Mitch.AcceptanceOfService IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN' Kumtam Thomas and Mitch E. Thomas, her husband, Plaintiffs VS. Bath Transport, Inc., Express Co. of America, LTD. and Albert Meckes, Defendants Civil Action - L No. 02-2303 Civi Jury Trial Deman ACCEPTANCE OF SERVICE I accept service of the Writ of Summons on b three stated Defendants, and certify that I am au SO. Date: ~Y, PENNSYLVANIA ~W Term ed half of the horized to do John A.~tatler~7~,squire GOLDBERG, KATZM3~N & SHIPMAN, P.O. Box 1268 Harrisburg, PA 7108-1268 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA Kumtan Thomas and Mitch E. : Thomas, her husband, Plaintiffs VS. Bath Transport, Inc., Express Co. of America, Ltd., and Albert Meckes, Defendants NOTICE Civil Action - Law No. 02-2303 Civil Term Jury Trial Demanded 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 claims or relief requested by the plaintiff. You may also 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. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 KELLER, KEL~E~AND~FREY, LLC bav~. Rell%r, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA Kumtan Thomas and Mitch E. Thomas, her husband, Plaintiffs vs. Bath Transport, Inc., Express Co. of America, Ltd., and Albert Meckes, Defendants Civil Action - Law No. 02-2303 Civil Term Jury Trial Demanded COMPLAINT NOW COME Plaintiffs, Kumtan Thomas and Mitch E. Thomas, her husband, by their attorneys, Keller, Keller and Frey, LLC, and set forth the following complaint: Plaintiff is Kumtan Thomas, a sui juris adult, who resides at 790 Knob Hill Road, Fayetteville, Franklin County, Pennsylvania, 17222. o Plaintiff is Mitch E. Thomas, a sui juris adult and the husband of Plaintiff Kumtan Thomas, who also resides at 790 Knob Hill Road, Fayetteville, Franklin County, Pennsylvania, 17222. o Defendant is Bath Transport, Inc., a corporation lawfully organized and existing whose address last known to Plaintiffs is c/o P.O. Box 159, Warren, Michigan, 48090. Defendant is Express Co. of America, Ltd., whose address last known to Plaintiffs is c/o P.O. Box 159, Warren, Michigan, 48090. 5o Defendant is Albert Meckes, whose address last known to Plaintiffs is 210 Lehigh Street, Walnutport, Northhampton County, Pennsylvania, 18088. 6. On or about July 31, 2000, at approximately 12:56 a.m., Plaintiff Kumtan Thomas was operating her Chevrolet van southbound on Route 81 near milepost 32 in Cumberland County, Pennsylvania. 7. At the same time, Defendant Albert Meckes was driving a 1995 Ford tractor trailer owned by Defendants Bath Transport, Inc. and Express Co. of America, Ltd., its holding company, southbound to the rear of Plaintiffs' vehicle. 8. At the said place and time, for a reason not known to Plaintiffs, Defendant Meckes drove Defendant Express Co. of America, Ltd.'s tractor trailer into the rear of Plaintiffs' vehicle, crashing into that vehicle. 9. Plaintiffs' vehicle was severely damaged and Plaintiff Kumtan Thomas suffered serious personal injuries and related losses as a result of the collision. COUNT I - KUMTAN THOMAS V. DEFENDANTS BATH TRANSPORT, INC., EXPRESS CO. OF AMERICA, LTD. AND ALBERT MECKES 10. Paragraphs 1 through 9 above are incorporated by reference herein the same as if here fully set forth at length. 11. At all times relevant to this cause of action, Defendant Albert Meckes was acting in the service of Defendants Bath Transport, Inc. and Express Co. of America, Ltd. 12. The proximate cause of the above-stated collision was the careless, negligent or reckless conduct of Defendant Meckes, in that he failed to exercise necessary care to avoid injury to other people such as Plaintiff, in various respects, including the following: A. He followed Plaintiffs' vehicle more closely than was reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway, in violation of law, including Section 3310 of the Vehicle Code; B. He operated the said tractor trailer in careless disregard for the safety of persons, in violation of law, including Section 3714 of the Vehicle Code; C. He failed to keep an adequate lookout and to be attentive to the traffic in front of him; D. He failed to operate the said tractor trailer at a safe speed, in violation of law, including Section 3361 of the Vehicle Code; E. He drove the said tractor trailer in willful or wanton disregard for the safety of other person or property, including Plaintiff, in violation of law, including Section 3736 of the Vehicle Code; and F. He otherwise failed to operate the said tractor trailer in a safe and prudent manner so as to avoid injury to other people, such as Plaintiff. 13. As a result of the said collision, Plaintiff suffered personal injury including right shoulder impingement; right sided scapular thoracic strain; carpal tunnel injury to the right upper extremity; radiation of pain through the right shoulder girdle into the right chest wall and tendonitis of the right upper extremity. 14. As a result of the injuries suffered in the collision, Plaintiff has had to undergo medical treatment, some of which has been painful, and she will have to undergo such treatment in the future. 15. As a result of the injuries suffered in the collision, Plaintiff has suffered substantial pain, which she will continue to suffer in the future. 16. As a result of the collision, Plaintiff has suffered emotional and mental injury, and emotional pain and distress, all of which she will continue to suffer in the future. 17. AS a result of the injuries suffered in the collision, Plaintiff has undergone inconvenience, embarrassment and humiliation, which she will continue to suffer in the future. 18. As a result of the injuries suffered in the collision, Plaintiff has incurred medical bills, and will incur additional medical bills in the future. 19. As a result of the injuries suffered in the collision, Plaintiff has suffered loss of the pleasures of her life, which she will continue to suffer in the future. WHEREFORE, Plaintiff Kumtan Thomas demands judgment against Defendants for a sum in excess of $25,000.00, which exceeds the jurisdictional amount requiring arbitration referral by Local Rule, together with interest and costs of suit. COUNT II - PLAINTIFF MITCH E. THOMAS V. BATH TRANSPORT, INC., EXPRESS CO. OF AMERICA, LTD. AND ALBERT MECKES 20. Paragraphs 1 through 19 above are incorporated by reference herein the same as if here fully set forth at length. 21. At all times relevant to this cause of action, this Plaintiff was the husband of Kumtan Thomas, and has resided with her. 22. By reason of the injuries and damages suffered by Kumtan Thomas, as set forth above, this Plaintiff has suffered loss of his wife's aid, society and comfort, which loss he will continue to suffer in the future. WHEREFORE, Plaintiff Mitch E. Thomas demands judgment against Defendants for a sum in excess of $25,000.00, which exceeds the jurisdictional amount requiring arbitration referral by Local Rule, together with interest and costs of suit. Respectfully submitted, KELLER, By KELLER, MD FREY, LLC Da~/S~ Keller Su~eme Ct. I.D. #29948 100 Walnut Street Waynesboro, PA 17268 717-762-3331 Attorneys for Plaintiffs I, Kumtan Thomas, hereby verify that the following facts are correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as information which has been gathered by counsel and/or by others acting on behalf of myself in preparation of this lawsuit. The language of the Complaint is that of my counsel and not my own. I have read the Complaint, 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 content of the Complaint is that of counsel, I have relied upon such counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~~]~ ~O0~ ~ ~ Kumt an Thomas I, Mitch E. Thomas, hereby verify that the following facts are correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as information which has been gathered by counsel and/or by others acting on behalf of myself in preparation of this lawsuit. The language of the Complaint is that of my counsel and not my own. I have read the Complaint, 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 content of the Complaint is that of counsel, I have relied upon such counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: C:~(~'~.~ ~)~2 ~~.~.~ ~ ~4it~ ~.' ThOmas CERTIFICATE OF SERVICE I, David S. Keller, Esquire, attorney for Plaintiffs, certify that I served three true and correct copies of the foregoing Complaint upon counsel for Defendants, by placing a copy of the same in the United States first class mail, postage prepaid, directed to 5he following: John A. Statler, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 320 Market Street-Strawberry Square Harrisburg, PA 17108-1268 Date: July 1 , 2002 KELLER, KELLER REY, LLC By D v Pa. ~Ipreme Ct. I.D. #29948 100 Walnut Street Wa!rnesboro, PA 17268 (717) 762-3331 Attorneys for Plaintiffs John A. Staffer, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 23~. ~. 161 Attorney for Defendants KUMTAN THOMAS and MITCH E. THOMAS, Her Husband, Plaintiffs · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW BATH TRANSPORT, INC., EXPRESS CO. OF AMERICA, LTD. and ALBERT MECKES, Defendants · NO. 02-2303 CIVIl, TERM :JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants hereby certify that: 1) 2) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; DATE: 3) 4) Plaintiffs attorney does not object to the service of the subpoenas; and The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent· ~ By: - Attorney I.D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 John A. Statler, Esquire Attorney L D. No. 43812 GOLDBERG, IO. TY~Ls.N & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-126g Telephone: (? 17) 234-4161 KUMTAN THOMAS and Attorney for Defendants · IN THE COURT OF COMMON PLEAS MITCH E. THOMAS, Her Husband, Plaintiffs BATH TRANSPORT, INC., EXPRESS CO. OF AMERICA, LTD. and ALBERT MECKES, Defendants · CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW · NO. 02-2303 CIVIL TERM :JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR .DISCOVERy PURSUANT TO RULE 4009.21 TO: KUMTAN THOMAS and MITCH E. THOMAS, Her Husband, Plaintiffs c/o DAVID S. KELLER, ESQUIRE Keller, Keller and Fry, LLC 100Walnut Street Waynesboro, PA 17268 Attorney for Plaintiffs PLEASE TAKE NOTICE that Defendants, Bath Transport, Inc., Express Co. of America, Ltd. and Albert Meckes intend to serve a subpoenas identical to the ones attached to this notice· You have 20 days fi.om the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: .GOLDBERG, KATZMAN & SHIPMAN, P.C. John~Siatler, Esquire AttnSmey for Defendant ~ THONAS and NITCH E. TltOI~, Her ltusband,~ Plaintiffs vo BATH TRANSPORT· INC. · R1'PRESS CO. OF AM~ICA, LTD. and ALBERT MECKES, : Fi ]e No. 02-2303 Civil Term : : : JURY TRIAL DENA~ED Defendants -- D ISOOVERY PURSUANT TO RULE 4009.22 TO: CHANBERSBURG HOSPITAL (N~---~ Person or Entity) Within twenty (20) days afte~ service of this subpoena, you are ordered by the court to ~ce the fo! lowir~j dO__ts o~ thirlgs: Copies of all l~edical records, medical reports· e~er§eucy room records· hospital records· x-ray reports, NRT repoKts, test repo~£~· therapy " -- ndence, records~--n~rsl~ es ......... _-__ . PLy~te~l at ~...~. ............ ainin to an care or_r treatment ever rendered to~' '- .... -m~a~=~. oLreeE· t'.O. ~OX 1268---------- ~SN: 187-~8-~798 Harrisburg, PA 17108-1268 (Iddress) You may delive~ o~ mail |egible cooies of the doccrnerlts o~ produce things requested by this subooe~a, togethe~ with the certificate of co-,O] iance, to the party makin9 this request at the add~ess listed above. You have the r'ight to seek in advam, ce the measonable cost of Pme~arir~3 the co~ies or producin9 the things sought. If you fail to p~oduce the ~ts o~ things required by this subooena within twenty (20) days afte~ i~s service, the party servir~3 this subIx~-,a may seek a court o~der oa;~ellir:9 you to oa,uly with it. ]MIS SUS~ENA WAS ISSUED AT THE REQUEST OF TH~ FOLLOWING ~ERSON: NAt~: John A. Statler· Esquire ADORESS. _~__I~BKKG, F~,TiI~A~ & TELEPHONE: (7[7) 236~16! SUPREPE COURT ID # a2812 AI~(~ FO~: Defendants BY THE CO JRT: OATE: Seal of the Oour. t Prothorx>tary/Clerk, Civil Division Deputy (Eff. 7/97) TO: COUNTY OF Cu~m~uu~ ~ T~ONA~ and HITCH E. THONAS, Her Husband,~ Plaintiffs Vo BATH TRANSPORT, INC., EXPRESS CO. OF ANERICA, LTD. and ALBERT Fi le No. 02-2303 Civil Term : : ~Y TPm~ DEmUiD~D Defendants PHYSICAL THE. R~v~ ASSOCIATES OF CHANB~RSBURG, INC. (Name of Person or Entity) Within twenty (20) days after service of this sublx~na, you are ordered by the court to produce the fo] lowir~ docuTelts or things: Copies of all medical records, medical reports, e~mergency room records, hospital records, x-ray reports, ~T repo~ts, Cesr repoLLu, therapy records ~l~rs~ ' ndence, at ~OUIBERC. ]~AT~MAIa & e~Tmie . .~ intn to an care o?~treatment ever rende~'- ' ............. -, r.u. ~x IZb~ ~ ~SN: 187~8~798 ~rrtsburg, PA 17108-1268 ({~ess) Y~ ~Y deliv~ ~ ~i] legible ~ies of the ~ts this sub--a, ~eth~ with the c~tificate of ~pIi~e, ~ the P~ty ~n9 tb~s ~est at ~e addee~s ]ist~ ~ve. Y~ have the eJ~t to s~k in advice the eeas~]e cost of Pe~i~ the ~Jes ~ Pe~cJn9 the things s~t. If y~ fail ~ p~ ~e ~ts ~ ~i~s ~ by ~Js s~ wi~in tw~ty (20) ~ys aft~ its s~vice, the P~ty s~vi~ this s~'a ~IS ~ W~ I~ AT ~ RE.ST ~ ~ F~L~I~ ~: Jo~ A. Statler, Esquire ~E~: ~B~G, ~T~ &'u~ P.C. ----~ ~rk~t gtreet r.u. ~x 1266 -- --~A ~08.126~ ~4E: (717) 234~161 ~ ~ IO fl 42812 A~ F~: ~fend~ts BY THE CXIJRT: OATE: Seal of the Court Prothonotary/Clerk; Civi! Division (Elf. 7/S7) ~OF ~ 1~ THOMAS ~nd MITCH E. THOMAS, Her ilusband,~ Plaintiffs Vo BA'lli TRANSPORT, INC., ]UrPRESS CO. OF AMERICA, LTl). and ALBERT NECKS, : Fi ]e No. 02-2303 Civil Term : : : 3URY TI~ DEMAI~ED n~fendants __,SUBPOENA TO P~ ~~S ~ ~l~; F~ DIaRy ~ TO ~E 4~9.2~- TO: CUNBERLAND VALLEY ORTHOPEDIC ASSOCIATES (Name~--Pecson o~' Entity) Within twenty (20) days after service of this subpoena, you are o~de~ed by the ccx~t to produce the fo! ]owir~ documents o~ things: Cop/es of all medical records, medical reports, e~mergency room records, hospital records, x-ray reports, NRT repoKts, cesc repu~£u, why~l~ai therapy records,--n~rs n~~es, prescLIF~lv.~ Ze~ndenc~ inin to an care or treatment ever rendered to- - at ...... ZMAN & SHIPMAN, P.'C. 320 Market Street, P.O. ~ ..... ituti'l~s z-n~m$; D~B; O/tO/4r7~ SSN: 187-48-47P~ Harrisburg, PA 17108-1268 (Address) You may delive~ o~ mail legible cooies of the doc~ne~ts o~ produce things requested by this subooeaa, togethe~ with the certificate of ccr~liance, to the party makia9 this request at the address listed above. You have the right to seek in adva~,ce the reasonable cost o~ Preoarir~3 the co~ies or ~-roducin9 the thiags sought. {f YOU fa~l to produce the doc~me, ts o~ tbir~js rec~ired by this subooeo~ within twenty (20) days after i~s service, the party servin9 this sub~c~-,a ~ay seek a court o~der co-,~eilir:g you to co,~ly with it. TH{S SUBPOENA WAS iSSUeD AT TH~ REQL~$T (3F TH~ FOCLONING PERSON: ~/~E: John A. Statler, Esquire COld)BERG, KATZi~AN & ~HI~, P.C. ADOR£SS :___~ i~orkot Street P.O. Box 1266 TELEP~0N£: (717) 234a4161 SUPREI~ COURT {O # 42812 ATTORNEY FO~: Defendants BY THE C~T: DATE: Seal of the Prothonoba~y/Clerk, Civil Division (Elf. 7/97) ~ ~HOHAS and M:I:~CH E. ~I{OMAS, Her Husband,* Plaintiffs BATH TRANSPORT, INC., ~-xPRESS CO. OF AN~RICA, LTD. and AI.RERT NEC[ES, Defendants File No. 02-2303 Civil Term SUSPOENA TO PROOUCE OOC~ENTS OR TH{~ FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: [IDEIRt CHIROPRACTIC (Name~f Person o~ Entity) Within twenty (20) days afte~ service of this subpoena, you a~e o~de~ed by the court to or~duce ~he fo] ]owing docc~e~ts o~ things: Copies of all medical records, medical reports, e~_me~ e__~_~ room records, hospital records, x-ray reports, th_e_rapy records-~-u~rs~v~Y report.s_,____ r.epo~, s,_ es · ndence. ac ....... 22~3~ & SHIP~AN, P.'C~ .r treatment e.ve_r rendered to: Barrisbur~, Pt 17108-1268 (Address) ¥~J may delive~ c~ mail legible cooies of the ~ts o~ produce t~ings requested by this subpoena, togethe~ with the certificate of cc~oliance, to the party making this request at the address I isted __a~_v~e.. You have the right ~o seek in advance the reasonable cost of preoa~ing the copies or J:ro~uc~n9 the things sought. If you fail ~o p~xJuce the doccme~ts o~ things required by this subooena within twenty (20) days afte~ its service, the pa~ty serving this subpo~-~a may seek a court o~de~ c~-~ellir~9 you {co co,,,.,ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOCLOHING PERSON: NN~: John t. Statler, F. squire · ----~-~nrr~t Street P.O. Box [Z§~ - ~A_ ]7108-1268 TELEPHONE: (717) 234':4161 SUPREPE(XXi~ ID # 42812 A~'FORNEY FOR: Defendants DATE: Seal of the BY THE COURT: Prothonotary/Clerk, Civil Division De(~y (Elf. ~/97) CC~43{qT~IIgM~'II-{ OF Pl~a',ISYL'v'ini, i'lA NITCH E. TllOiq4S, Her ~usband, Plaintiffs Vo BATH TRANSPORT, INC., EXPRESS CO. OF ANE1LICA, LTD. and AI.RERT NECICES, Defendants File No. 02-2303 Civil Term JORYIlIIIL DI!IiAI~ED SUBPOENA TO PROOUCE ~NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: BARTON N~nICAL ASSOCIATEs (N~---~Persoo or Entity) Within twenty (20) days after service of this subpoena, you areorcleredby the court to produce the following docunents or things: Copies of all medical records med e~me~gency room records, hosoital rprnTao _ _ --.--... · /cai reports, theranv r~cor~-,~u,~~--_ ' ....... ~ a-ray re,orEs, 14RT repogts, cesc re o~£u -~ re or trea ndence, at ~DT~RI~. EATZMAN & SHXPMAN~ P.'C. .-- tment ever rendered to: 320 ~arket Street, P.O. Bo'X 12~-- -- SSN. 187-68-67~3 Harrisburg, PA 17108-1268 (~ddress) You may deliver or mail legible cooies of the do~-unents or Oroduce this sub0oe~a, together with the certificate of ccr~liance, request at the address listed abo~e. Yo~ have the right to seek to the oarty makin9 this cost o~ preparing the copies or PrOOucing the things sought, in advan, ce the reasonable If you fai! to produce the doctments or things required by this subooe~ within twenty (20) days after i~s service, the party serving this subpo~*,a may seek a court order oa~ellir~9 you to oa,~l¥ with it. THIS SUBPOENA WAS I SSUEO AT THE REQUEST OF THE FOLLOW I NG NA~: ~ohn&. Sta~ler, ~sqn]re Box ' eet TELFJ~IONE: (717) 23~a4161 SUPRE~ ID # 42812 A1-TORNEYFOR: Defendants DATE: Seal of the BY THEOCXJRT: Prothonotary/Clerk, Civil Division Deputy (Elf. .,CERTIFICATE OF SERVICF~ I HEREBY CERTIFY that I served a true and correct copy ofti~e foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, P~Lylvania, with first-class postage prepaid on the 'o~ t--/-?~ day of fDt4~ ,2002, addressed to the following: David S. Keller, Esquire Keller, Keller and Fry, LLC 100 Walnut Street Waynesboro, PA 17268 By Respectfully submitted, KATZMAN & SltlPMAN, P.C. John A~atler, Esquire Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ ~ day of f~,~4 ,2002, addressed to the following: David S. Keller, Esquire Keller, Keller and Fry, LLC 100 Walnut Street Waynesboro, PA 17268 By Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. "hn A. Statler, ~ Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants John A. Staffer, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 KUMTAN THOMAS and Attorney for Defendants · IN THE COURT OF COMMON PLEAS MITCH E. THOMAS, Her Husband, Plaintiffs · CUMBERLAND COUNTY, PENNSYLVANIA BATH TRANSPORT, INC., EXPRESS CO. OF AMERICA, LTD. and ALBERT MECKES, Defendants :CIVIL ACTION - LAW · NO. 02-2303 CIVIl, TERM :JURY TRIAL DEMANDED TO: NOTICE TO PLEAr~ KUMTAN THOMAS and M1TCH E. THOMAS, Her Husband, Plaintiffs c/o DAVID S. KELLER, ESQUIRE Keller, Keller and Frey, LLC 100 Walnut Street Waynesboro, PA 17268 Attorney for Plaintiffs YOU ARE REQUIRED to plead to the within Answer With New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHH'MAN, P.C. By: 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants $ohn A. Smiler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 KUMTAN THOMAS and Attorney for Defendants · IN THE COURT OF COMMON PLEAS IV[ITCH E. THOMAS, Her Husband, Plaintiffs BATH TRANSPORT, INC., EXPRESS CO. OF AMERICA, LTD. and ALBERT MECKES, Defendants · CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION- LAW · NO. 02-2303 CIVIL TERM :JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT INCLUDING NEW MA'YrEI~ AND NOW, come the Defendants, Bath Transport, Inc., Express Co. of America, Ltd., and Albert Meckes, by their attorneys, Goldberg, Katzman and Shipman, P.C., who file the following Answer and New Matter in response to the Plaintiffs' Complaint: 1. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time oftriai if deemed material. 2. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 48015. Admitted with clarification. The correct address is P. O. Box 3700, Centerline, MI 48015. Admitted with clarification. The correct address is P. O. Box 3700, Centerline, MI 5. Admitted. 6. Admitted. 7. Admitted. 8. It is admitted that a collision occurred between the Defendant's vehicle and the Plaintiffs' vehicle. The balance of the averments are denied. 9. It is denied that the Plaintiffs' vehicle was severely damaged in the collision. By way of further answer, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged personal injuries and related losses and, therefore, deny the same and demand strict proof at time of trial if deemed material. COUNT I Kumtan Thomas ¥. Defendants Bath Trans ort Inc. Ex ress Co. of America Ltd. and Albert Meckes 10. Defendants incorporate by reference their answers to the averments in paragraphs 1 through 9 of the Plaintiffs' Complaint as if set forth at length. 11. Admitted. 12. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Meckes was careless, negligent or reckless and denied that he failed to exercise necessary care under the circumstances. By way of further answer, it is denied that Defendant Meckes was careless, negligent or reckless in that: He followed Plaintiffs' vehicle more closely than was reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway, in violation of law, including Section 3310 of the Vehicle Code; He operated the said tractor trailer in careless disregard for the safety of persons, in violation of law, including Section 3714 of the Vehicle Code; He failed to keep an adequate lookout and be attentive to the traffic in front of him; He failed to operate the said tractor trailer at a safe speed, in violation of law, including Section 3361 of the Vehicle Code; He drove the said tractor trailer in willful or wanton disregard for the safety of other persons or property, including Plaintiff, in violation of law, including Section 3736 of the Vehicle Code; and He otherwise failed to operate the said tractor trailer in a safe and prudent manner so as to avoid injury to other people, such as Plaintiff 13. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries and damages and their causal relation to the accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. 14. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiff's alleged injuries and damages and their causal relation to the accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. 15. Denied. At~er reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries and damages and their causal relation to the accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. 16. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries and damages and their causal relation to the accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. 17. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries and damages and their causal relation to the accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. 18. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries and damages and their causal relation to the accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. In the event that the Plaintiffs medical bills have been paid or are payable by insurance, a claim for such bills are barred by the defense of payment under Section 1722 of the Motor Vehicle Financial Responsibility Law. 19. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries and damages and/or their causal relation to this accident and, therefore, deny the same and demand strict proof at time of trial if deemed material. WHEREFORE, Defendants Bath Transport, Inc., Express Co. of America, Ltd., and Albert Meckes respectfully request that Count I of the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiffwith respect to Count I of the Complaint. COUNT 11 PlaintiffMitch E. Thomas V. Bath Trans orr Inc. Ex ress Co. of America Ltd. and Albert Meckes 20. Defendants incorporate by reference their answers to the averments in paragraphs 1 through 19 of the Plaintiffs' Complaint as if set forth at length. 21. Denied. At~er reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 22. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the averments concerning the husband Plaintiffs alleged losses and damages and, therefore, deny the same and demand strict proof at time of trial if deemed material. WHEREFORE, Defendants Bath Transport, Inc., Express Co. of America, Ltd., and Albert Meckes respectfully request that Count II of the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiff with respect to Count II of the Complaint. NEW MATTER By way of additional answer and reply, Defendants raise the following New Matters: 23. Some or all of the Plaintiffs' claims are barred by the applicable Statute of Limitations. 24. Some or al/of the Plaintiffs' claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C. S. A. § 1701, et seq., and especially by § 1722 of that law. 25. If it is determined that the PlaintiffKumtan Thomas failed to exercise reasonable care for her own safety, then the Plaintiffs' claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Comparative Negligence Law and/or by the Doctrine of Comparative/Contributory Negligence. WHEREFORE, Defendants Bath Transport, Inc., Express Co. of America, Ltd., and Albert Meckes respectfully request that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiffs. By: Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Jo~- Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants 81890.1 VERIFICATION I, Kathy A. Berquist , hereby acknowledge that Bath Transport, Inc. is a Defendant in this action and that I am authorized to make this verification on its behall~ that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. BATH TRANSPORT, INC. DATE: July 26, 2002 VERIFICATION I, _ Kathy A. Berquist , hereby acknowledge that Express Co. of America, Inc. is a Defendant in this action and that I am authorized to make this verification on its behal~ that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. EXPRESS CO. OF AMERICA, INC. DATE: July, 26, 2002 VERIFICATION I, ALBERT MECKES, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. ALBERT MECKES DATE: CERTI~CATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mall at Harrisburg, Pennsylvania, with first-class postage prepaid on the //2~ 7't4' day of /~ O ~ ~ '-& ,2002, addressed to the following: David S. Keller, Esquire Keller, Keller and Fry, LLC 100 Walnut Street Waynesboro, PA 17268 By Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. John ~. St~- Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kumtan Thomas and Mitch E. Thomas,: her husband, Plaintiffs vs. Bath Transport, Inc., Express Co. of America, LTD, and Albert Meckes, Defendants Civil Action - Law No. 02-2303 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW, come Kumtan Thomas and Mitch E. Thomas, her husband, Plaintiffs, by their attorneys, Keller, Keller and Frey, LLC, and make the following Reply to Defendants' New Matter: 23. Denied. Defendants' paragraph 23 contains an incorrect conclusion of law which requires no further response. To the extent that same may be deemed to be an averment of fact, it is denied, and on the contrary, Plaintiffs' Complaint was timely filed. 24. Denied. Defendants' paragraph 24 contains an incorrect conclusion of law which requires no further response. To the extent that same may be deemed to be an averment of fact, it is denied, and on the contrary, Plaintiffs' damages are caused by the negligence of Defendants as more fully set forth at length in Plaintiffs' Complaint, which is incorporated by reference herein. 25. Denied. Defendants' paragraph 25 contains an incorrect conclusion of law which requires no further response. To the extent that same may be deemed to be an averment of fact, it is denied, and on the contrary, Plaintiffs' damages are caused by the negligence of Defendants as more fully set forth at length in Plaintiffs' Complaint, which is incorporated by reference herein. WHEREFORE, Plaintiffs Kumtan Thomas and Mitch E. Thomas, her husband, request that judgment be entered in their favor and against Defendants. Respectfully submitted, KELLER, ~~/~~EY, LLC By // ///~/ -- Dav~ ~. Keller, Esq. S~eme Court I.D.#29948 100 Walnut Street Waynesboro, PA 17268 (717) 762-3331 Attorneys for Plaintiffs We, Kumtan Thomas and Mitch E. Thomas, hereby verify that the following facts are correct: The facts set forth in the foregoing Reply to New Matter are based upon information which I have furnished to counsel, as well as information which has been gathered by counsel and/or by others acting on behalf of myself in preparation of this Reply. The language of the Reply is that of my counsel and not my own. I have read the Reply, 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 content of the Reply is that of counsel, I have relied upon such counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Reply are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~33~~ ~ Date: /~ .~? 2002 ~ _ Kumtan Thomas Date: /~~r 2002 CERTIFICATE OF SERVICE I, David S. Keller, Esq. hereby certify that I have served a true and correct copy of the foregoing Reply to New Matter on the following person by placing a copy of the same in the United States mail, first class mail, directed to their office address as follows: John A. Statler, Esq. GOLDBERG, KATZMAN & SHIPMAN, P.C. P. O. Box 1268 Harrisburg, PA 17108-1268 KELLER, K~R~D_ FREY~ ~a~d~ S./Keller, Esq. ~10P0 r ew~nCu~U ~ r Ie ~Dt'#29948 Waynesboro, PA 17268 Date: August 20, 2002 IN THE COURT OF COMMON PLEAS CUMBERLAiqD COUNTY Kumtan Thomas and Mitch E. Thomas, Plaintiffs vs. Bath Transport, Inc., Express Co. of America, Albert Meckes, Defendants Ltd. and Civil Action - Law No. 02-2303 JURY TRIAL DEMANDED PP~AECIPE TO: OFFICE OF THE PROTHONOTARY: Please mark the captioned matter settled and discontinued, costs having been paid by Plaintiffs. Respectfully submitted, KELLER, KE~L~ER, FREY AND BECK, LLC Dax~_~S. Keller Supreme Court I.D.#29948 343-B S. Potomac Street Waynesboro, PA 17268 (717) 762-3331 Attorney for Plaintiffs, Kumtan Thomas and Mitch E. Thomas Date: August 1, 2003 cc: John A. Statler, Esq. Attorney for Defendants