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HomeMy WebLinkAbout02-2894John Brian Frock FROCK & SHIELDS, L.L.P. I.D. #16658 115 East Chestnut Street West Chester, PA 19380 Attorney for Plaintiffs LINWOOD W. BLIZZARD and JANIS R. BLIZZARD, h/w 524 Linwood Street New Cumberland, PA 17070 Plaintiff ANDRE E. CLAY 2776 N. Congress Road Camden, NJ 08104 and WERNER ENTERPRISES, INC. 19507 Frontier Road Omaha, NE 68138 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action within twenty (20) days after this Complaint and Notice are served by entering a written appearance, personally or by an 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: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 John Brian Frock FROCK & SHIELDS, L.L.P. I.D. #16658 115 East Chestnut Street West Chester, PA 19380 Attorney for Plaintiffs LINWOOD W. BLIZZARD and JANIS R. BLIZZARD, h/w 524 Linwood Street New Cumberland, PA 17070 Plaintiff ANDRE E. CLAY 2776 N. Congress Road Camden, NJ 08104 and WERNER ENTERPRISES, INC. 19507 Frontier Road Omaha, NE 68138 Defendants : IN THE COURT OF COMMON PLEAS : : CUMBERLAND COUNTY, : PENNSYLVANIA . : CIVIL ACTION - LAW . COMPLAINT COUNT I LINWOOD BLIZZARD v. DEFENDANTS 1. Plaintiffs are Linwood W. Blizzard and Janis R. Blizzard, adult individuals who reside at the address stated in the caption above. 2. Defendant Andre Clay is an adult individual who resides at at the address stated above. 3. Defendant Wemer Enterprises is a corporation engaged in a tracking business with offices at the address stated in the caption, but which regularly does business within the State of Pennsylvania and County of Cumberland. 4. At ail times relevant hereto, the corporate defendant acted through its agems, servants, and employees who were within the course and scope of their employment and in furtherance of the business of defendant Wemer Enterprises, Inc. 5. On October 26, 2000 plaintiffLinwood Blizzard was operating his 1984 Volvo west on State Route #581 in East Pennsboro Township, Cumberland County, when he stopped for traffic conditions ahead. 6. At the same time and place defendant Clay was operating his tractor-trailer rig for Wemer Enterprises also west on Route #581 when he struck the rear of the stopped Blizzard Volvo. 7. Defendant Clay was negligent, careless and reckless in: a) driving too fast for conditions; b) driving at a speed which was not safe; c) failing to stop his vehicle within the assured clear distance ahead; d) failing to maintain control of his vehicle; e) failing to maintain a lookout for other cars on the roadway; f) failing to act in accord with the Rules of the Road; and g) otherwise failing to act with due care under the circumstances. 8. Defendant Wemer Enterprises was negligent, careless and reckless in: a) failing to inspect, repair, service and maintain its tractor and trailer; b) failing to properly hire, train and instruct its drivers on the safe driving of its equipment; 2 c) d) e) falling to comply with applicable statutes, regulations, rules and voluntary standards applicable to operating a trucking business; acting vicariously through the negligent conduct of its driver; and otherwise falling to act with due care under the circumstances. 9. The negligence of defendants proximately caused injuries and damages to plaintiff Linwood W. Blizzard. 10. As a result of the negligence of defendants, Linwood W. Blizzard sustained personal injuries including but not limited to contusions, abrasions, strain/sprain of the neck and back, aggravation of underlying degenerative changes to the spine, fractures of walls of the maxillary sinuses, headaches, disruption of nasal passages, and shock to the nerves, nervous system and associated tissues of the body. 11. As a result of the collision Mr. Blizzard sought immediate medical care and incurred medical expenses, has continued to require medical care and may in the future seek medical care and expenses. For this he seeks damages. 12. As a result of the collision Mr. Blizzard has been unable to perform all of his usual and customary activities and may be limited or impaired in the future. For this he seeks damages. 13. As a result of the collision Mr. Blizzard has suffered physical pain, mental suffering, emotional distress, loss of the enjoyment of life and humiliation because of his injuries, and he may continue to be so affected in the future. For this he seeks damages. WHEREFORE, plaintiff Linwood W. Blizzard demands judgment in an amount of less than fifty thousand ($50,000) dollars, the limit for compulsory arbitration, plus costs of this action, damages for delay and such attorneys fees as may be allowable law. herein. COUNT II: JANIS 1L BLIZZARD v. DEFENDANTS 14. Plaimiff incorporates paragraphs 1 through 13 by reference as though set forth 15. At ail times materiai hereto Janis Blizzard was the wife of Linwood W. Blizzard. 16. As a result of defendants' negligence she has been deprived of the love, affection, compardonship, society and services of her husband, for which she seeks damages. WHEREFORE, the plaintiff Janis R. Blizzard demands judgment of less than fifty thousand ($50,000) dollars, the limit for compulsory arbitration, plus costs of this action, damages for delay and such attorneys fees as may be ailowable by law. Atto~ey for Plaintiffs Linw6od W. Blizzard and Janis R. Blizzard VERIFICATION The undersigned, plaintiffs in the foregoing proceedings, hereby states that the facts set forth in the foregoing complaint are true and correct to the best of their knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: John Brian Frock FROCK & SHIELDS, L.L.P. I.D. #16658 115 East Chestnut Street West Chester, PA 19380 Attorney for Plaintiffs LINWOOD W. BLIZZARD and JANIS R. BLIZZARD, h/w 524 Linwood Street New Cumberland, PA 17070 Plaintiff ANDRE E. CLAY 2776 N. Congress Road Camden, NJ 08104 and WERNER ENTERPRISES, INC. 19507 Frontier Road Omaha, NE 68138 Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMAND In the event that this case is transferred from arbitration or an appeal is taken from an arbitrators' award, kindly mark the case "Jury Trial Demanded". lizza~)~ JL~?onr nB;i ;~aCik~ tiEf~quire/ John Brian Frock FROCK & SHIELDS, L.L.P. I.D. #16658 115 East Chestnut Street West Chester, PA 19380 Attomey for Plaintiffs LINWOOD W. BLIZZARD and JANIS R. BLIZZARD, bJw 524 Linwood Street New Cumberland, PA 17070 Plaintiff ANDRE E. CLAY 2776 N. Congress Road Camden, NJ 08104 and WERNER ENTERPRISES, INC. 19507 Frontier Road Omaha, NE 68138 Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. C)~.- ENTRY OF APPEARANCE Please enter my appearance in the above captioned case. Lir/wood and Janis Blizzard FINEMAN & BACH, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Wemer Enterprises, Inc. LINWOOD W. BLIZZARD and JANIS : R. BLIZZARD, h/w : . Plaintiffs : V. ~ . ANDRE E. CLAY and WERNER : ENTERPRISES, INC. : : Defendants : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 02-2894 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant Wemer Enterprises, Inc. in the above-captioned matter. JURY TRIAL DEMAND TO THE PROTHONOTARY: Demand is hereby made for a jury of twelve (12) people in the above-captioned matter. FINEMAN & BACH, P.C. June 24, 2002 Attorney for Defendant Wemer Enterprises, Inc. FINEMAN & BACH, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Walnut Street, 19~ Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Werner Enterprises, Inc. LI1W~OOD W. BLIZZARD and JANIS R. BLIZZARD, h/w Plaintiffs V. ANDRE E. CLAY and WERNER ENTERPRISES, INC. Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 02-2894 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.27, As a prerequisite to service ora subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: A notice of Intent to serve subpoenas with copies of the subpoenas attached thereto were mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; No objection to the subpoenas has been received; and The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to serve the subpoenas. FINEMAN & BACH, P.C. September 25, 2002 Attorney for Defendant Wemer Enterprises, Inc. FIN-EMAN & BACH, P,C. By: JAY BARRY HARRIS~ ESQUIKE Identification No. 33998 1608 Walnut Street, 19m Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Wemer Enterprises, Inc. LINWOOD W. BLIZZARD and JANIS : R. BLIZZARD, h/w : Plaintiffs : V. ; ANDRE E. CLAY and WERNER : EN~.~_ RPRISES, INC. : : Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 02-2894 : JURY TRIAL DEMANDED TO: NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 John Brian Frock, Esquire Frock & Shields L.L.P. 115 E. Chesmut Street West Chester, PA 19380 Defendant intends to serve subpoenas identical to the ones 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 subpoenas. If no objection is made, these subpoenas may be served. FINEMAN & BACH, P.C. June 27, 2002 Attorney for Defendant Werner Enterprises, Inc. FfNEMAN & BACH, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Walnut Street, 19m Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Wemer Enterprises, Inc. LES'WOOD W. BLIZZARD and JANIS R. : BLIZZARD, h/w : : Plaintiffs : : v. : : ANDRE E. CLAY and WER.NER : ENTERPRISES, INC. : : Defendants : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 02-2894 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2? TO: Custodian of Record of Dr. Laurel P. Bailey, 350 Sporting Hill Roa. cl, Mechanicsburg, PA 17055 Within twenty (20) days after service oft/tis Subpoena, you are ordered by the Court to produce the following documents or things: Any and all records, reports, notes, x-ray and~diagnostic test reports, bills, etc. concerning Linwood Bli~arck social security number 205-28-3290, date of birth 2/17/36. At: Atty's name Jay Barry Harris, Esquire, FINEMAN & BACH~ P.C. 19TH FLOOR~ 1608 WALNUT STREET~ PI:III,&DELPHIA~ PA 19103 ATTN: RECORDS CUSTODIAN: You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this re, quest at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Jay Barry Harris, Esquire Address: 1608 Walnut Street, 19th Fl., Philadelphia, PA 19103-Phone No.: (215) 893-9300 Supreme Court I.D. No. 33998 Attorney for: Defendant Werner Enterprises, Inc. Date: (SEAL) BY THE COURT: Joseph H. Evers, Prothonotary Pro COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA NOTICE TO: CUSTODIAN OF RECORDS FOP._ Dr. Laurel P. ~ (Person Served with Subpoena) You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. Send the documents or things, along with this Certification of Compliance (with your original signature), to the person at whose request the subpoena was issued. Do not send the documents or things, or the Certificate of Compliance, to the Prothonotary's Office. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 (Insert Name) certify to the best of my knowledge, infoimation and belief that all documents or things required to be produced pursuant to the subpoena issued on 2002 have been produced. Dated: FINEMAN & BACH, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Walnut Street, 19t~ Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Wemer Enterprises, Inc. LINWOOD W. BLIZZARD and JANIS 1L : BLIZZARD, h/w : : Plaintiffs : : v. : : ANDRE E. CLAY and WERNER : ENTERPRISES, INC. : : Defendants : COURT OF COMMON PLEAS CUMBBRLAND COUNTY CIVIL ACTION No. 02-2894 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.~9. TO: Custodian of Records of Healthsouth Rehabilitation Center, 503 Bridge Street, New Cmnberland, PA 17070 ~ Within twenty (20) days after service of this Subpoena, you are ordered b"~ the Court to produce the following documents or things: Any and all records, reports, notes, x-ray and diagnostic test reports, bills, etc. concerning Llnwood Bli~ard, social security number 205-28-3290, date of birth 2/17/36. At: Atty's name Jay Barry Harris, Esquire, FINEMAN & BACH, P~C. 19TH FLOOR~ 1608 WALNUT STREET~ PFITI,ADELPHIA~ PA 19103 ATTN: RECORDS CUSTODIAN: You may deliver or marl legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you far to produce the documents or things required by this subpoena withi. twenty (20) days after its service, the party serving thi~ subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Jay Barry Harris, Esquire Address: 1608 Walnut Street, 19th Fl., Philadelphia, PA 19103-Phone No.: (215) 893-9300 Supreme Court I.D. No. :33998 Attorney for: Defendant Werner Enterprises, Inc. Date: (SEaZ) 'BY ~ COURT: Joseph H. Evers, Prothonotary Pro COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA NOTICE TO: CUSTODIAN OF RECORDS FOR Healthsouth Rehabilitation Center (Person Served with Subpoena) You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. Send the documents or things, along with this Certification of Compliance (with your original signature), to the person at whose request the subpoena was issued. Do not send the documents or things, or the Certificate of Compliance, to the Prothonotary's Office. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO pRODUCE · DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 (insert Name) certify to the best of my knowledge, information and belief that all documents or things required to be produced' pursuant to the subpoena issued on 2002 have been produced. Dated: FINEMAN & BACH, P.C. By: JAY BARRY HARRIS, ESQU']R.E Identification No. 33998 1608 Walnut Street, 199 Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Wemer Enterprises, Inc. LINWOOD W. BLIZZARD and IANIS R. BLIZZARD, b/w Plaintiffs ANDRE E. CLAY and WERNER ENTERPRISES, INC. Defendants COURT OF COIVIMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 02-2894 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TNINGS FOR DISCOVERY PURSUANT TO RULE 4009, 7,2 TO: Custodian of Record of Earl B. Lehman. 6281 Carlisle Pike, Mechanicsburg, PA 17055 Within twenty (20) days after service of this Subpoena, you are ordered by the~¢ourt to produce the following documents or things: Any and all records, including employment, personnel, Payroll, time and medical, concerning Linwood Blizzard, social security number 205-28-3290, date of birth 2/17/36. At: Atty's name Jay Barry Harris, Esquire, FINEMAN & BACH~ P.C. 19TH FLOOI~ 1608 WALNUT STREET, pFHI.M)ELPHIA~ PA 19103 ATTN: RECORDS CUSTODIAN: You may deliver or marl legible copies of the documents or produce things requested by this subpoena, together w/th the certificate of compliance, to the party making this request at the address listed above. You have the HHght to seek in advance the reasonable cost of preparing the copies or producing the things sought. If yoU Pail to produce the documents or things required by this subpoena within twenty (20) days a~er its service, the party serving thi~ subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Jay Barry Harris, Esquire Address: 1608 Walnut Street, 19th FI., Philadelphia, PA 19103-Phone No.: (215) 893-9300 Supreme Court I.D. No. 33998 Attorney for: Defendant Werner Enterprises, Inc. Date: (SEAL) BY ~ COURT: Joseph H. Evers, Prothonotary Pro COMMONWEALTH OF pENNSYLVANIA COUNTY OF PHILADELPHIA NOTICE TO: CUSTODIAN OF RECORDS FOR Earl B. Lehman (Person Served with Subpoena) You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. Send the documents or things, along with this Certification of Compliance (with your original signature), to the person at whose request the subpoena was issued. Do not send the documents or things, or the Certificate of Compliance, to the Prothonotary's Office. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO.RULE 4009.23 (Insei-t Name) certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on 2002 have been produced. Dated: FINEMAN & BACH, P.C, By: SAY BARRY HARRIS, ESQU]R.E Identification No. 33998 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Wemer Enterprises, Inc. LINWOOD W. BLIZZARD and JANIS : R. BLIZZARD, h/w : : Plaintiffs : V. : ANDRE E. CLAY and WERNER : ENTERPRISES, INC. : : Defendants : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 02-2894 JURY TRIAL DEMANDED TO: NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 400~.21 John Brian Frock, Esquire Frock & Shields L.L.P. 115 E. Chesmut Street West Chester, PA 19380 Defendant intends to serve subpoenas identical to the ones 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 subpoenas. If no objection is made, these subpoenas may be served. August 22, 2002 BY: JAY B.O~d~.Y ~S Attorney for Defendant Werner Enterprises, Inc. FINEMAN & BACH, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Walnut Street, 19ta Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Wemer Enterprises, Inc. LINWOOD W. BLIZZARD and SANIS R. COURT OF COMMON PLEAS BLIT-Z~t~D, h/w : CUMBERLAND COLrNTY Plaintiffs : CIVIL ACTION : v. : No. 02-2894 : ANDRE E. CLAY and WERNER : ENTERPRISES, INC. Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2? TO: Custodian of Records of Physicians of Rehabilitation Medicine, 175 Lancaster Blvd., Mechanicsburg, PA 17055 Within twenty (20) c~ys after service of this Subpoena, you are ordered by the Court to produce the folloVang documents or things: Any and all records, reports, notes, x-my and diagnostic test reports, bills, etc. concerning lJnwood Blizzard, social security number 205~28-3290, date of birth 2/17/36. At: Atty's name Jay Barry Harris, Esquire, FINEMAN & BACH~ P.C. 19TH FLOOR, 1608 WALNUT -, STREET~ PHII,6~DI~,T,PHIA~ PA 19103 ATTN: RECORDS CUSTODIAN: You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Jay Barry Harris, Esquire Address: 1608 Walnut Street, 19th Fl., Philadelphia, PA 19103-Phone No.: (215) 893-9300 Supreme Court I.D. No. 33998 Attorney for: Defendant Werner Enterprises, Inc. Date: (SEAL) BY THE COURT: Prothonotary Pro FINEMAN & BACH, P.C. By.' JAY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Walnut Street, 19'a Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Werner Enterprises, Inc. LINWOOD W. BLITY. ARD and JANIS IL : BLIZZARD, b/w : : Plaintiffs V. ANDRE E. CLAY and WEKNER : ENTERPRISES, INC. : : Defendants : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 02-2894 JURY TRI.6J~ DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records of Allstate Insurance Company, 6345 Flank Drive, Suite 1000, Ha~sburg, PA 17112 W/thin twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any and all records for any and all accidents including PIP files concerning Linwood Bllz~axd,. social security number 205-28-3290, date of birth 2/17/36, including but not limited to policy number 1553942903 and claim number 052922569. At: Atty's name Jay Barry Harris, Esquire, FINEMAN & BACH, P.C. 19TH FLOOI~ 1608 WALNUT STREET, PHII,a. DELPHiA, PA 19103 ATTN: RECORDS CUSTODIAN: You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of coaq.,liance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Jay Barry Harris, Esquire Address: 1608 Walnut Street, 19th Fl., Philadelphia, PA 19103-Phone No.: (215) 893-9300 Supreme Court I.D. No. 33998 Attorney for: Defendant Werner Enterprises, Inc. Date: (SEAL) BY THE COURT: Prothonotary Pro FINEMAN & BACH, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Walnut Street, 19m Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attomey for Defendant Wemer Enterprises, Inc. LIN-WOOD W. BLIZZARD and JAN-IS R. BLIZZARD, h/w Plaintiffs V. ANDRE E. CLAY and WERNER ENTERPRISES, INC. (~¢ Defendants · COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 02-2894 JURY TRIAL DEMANDED August 23, 2002 ~ NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FoR DISCOVERY PURSUANT TO RULE 4009.21 TO: John Brian Frock, Esquire Frock & Shields L.L.P. 115 E. Chestnut Street West Chester, PA 19380 Defendant intends to serve a subpoena identical to the one 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, this subpoena may be served. FINEMAN & BACH, P.C. Attorney for Defendant Wemer Enterprises, Inc. FINEMAN & BACH, P.C. By:/AY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Wnlmlt Stl'ee~ 19t~ Floor Philsdelphia~ PA 19103-5413 (215) 893-9300 Attorney for Defendant Werner Enterprises, Inc. LINWOOD W. BI.17.7.ARD and JAN'IS BLIZZARD, h/w Plai~tiff~ V. ANDRE E. CLAY and WERNER ENTERPRISES, INC. Defendants COURT OF COMMON PLEAS CUMBE~ cOLrNTY CIVIL ACTION No. 02-2894 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.~ TO: Custodian of Records of Malin Associates, 99 November Drive, Camp, Hill, PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produca/the following documents or things: Any and all r~corcls, repons, hOrns, x-ray and diagnostic test repoms, bills, etc. concerning Linwood Blizzard, social security number 205-28-3290, date of birth 2/17/36. At: Atty's name Ja~ Barry Harris, Esquire, FINEMAN & BACH~ P.C. 19TH FLOOR~ 1608 WALNUT STREET, PHII.ADELP~H4~ PA 19103 ATTN: RECORDS CUSTODIAN: You may d~liver or mail legfole copies of the docura~nts or.produce things requested by thi~ subpoena, together with the certificate of c(.,,Tliance, to the party making this request at the address listed above. Y'ou have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Jay Barry Harris, Esquire Address: 1608 Walnut Street, 19th Fl., Philadelphia, PA 19103-Phone No.: (215) 893-9300 Supreme Court I.D. No. 33998 Attorney for: Defendant Werner Enterprises, Inc. Date: (SEAL) BY ~ COURT: Prothonotary Pro · FINEMAN & BACH, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 TO: PLAINTIFFS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MA~NTERED A~U. A~r~y for~ndant Werner Enterprises, Inc. LINWOOD W. BLIZZARD and JANIS : R. BLIZZARD, h/w : : Plaintiffs : V. : : ANDRE E. CLAY and WERNER : ENTERPRISES, INC. : : Defendants : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 02-2894 JURY TRIAL DEMANDED ANSWER AND NEW MATTER COUNT I - LINWOOD BLIZZARD v. DEFENDANTS 1. Denied. After reasonable investigation, Defendant Wemer Enterprises, Inc. (hereinafter referred to as "Wemer") is without sufficient information, knowledge and belief to form an opinion as to the troth of the allegations contained in paragraph 1. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 2. Admitted. 3. Admitted. 4. Denied. It is specifically denied that at all times relevant hereto that Werner acted through its agents, servants and employees who were within the course and scope of their employment and in the furtherance of the business of Wemer. By way of further answer, it is admitted that on October 26, 2000, co-defendant Andre E. Clay (hereinafter referred to as · "Clay") was employed by Drivers Management, Inc., a subsidiary of Wemer. Clay was driving with the pemfission of Werner at the time of the accident. 5. Denied. After reasonable investigation, Wemer is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 5. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 6. Admitted in part; denied in part. It is admitted that on October 26, 2000, Clay was operating a Wemer tractor-trailer west on Route 581· It is also admitted that Clay rear- ended plaintiff's car. The remaining allegations contained in paragraph 6 are denied. Strict proof is demanded at the time of trial, if relevant. 7(a-g). Denied. It is specifically denied that Clay was negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 7(a-g) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 7(a-g), Wemer is without sufficient information, knowledge and belief to form an opinion as to the troth of those allegations· Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 8(a-e). Denied. It is specifically denied that Werner was negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 8(a-e) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 8(a-e), Wemer is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations· Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 9. Denied. It is specifically denied that Werner and Clay were negligent or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 9 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 10. Denied. It is specifically denied that Wemer and Clay were negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 10 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 10, Werner is without sufficient information, knowledge and belief to fom~ an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 11. Denied. It is specifically denied that Wemer and Clay were negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 11 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 11, Wemer is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 12. Denied. It is specifically denied that Wemer and Clay were negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 12 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 12, Werner is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 13. Denied. It is specifically denied that Wemer and Clay were negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 13 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 13, Werner is without sufficient infom~ation, knowledge and belief to form an opinion as to the troth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. WHEREFORE, Wemer hereby requests that Count I of Plaintiffs' Complaint be dismissed. COUNT II - JANIS R. BLIZZARD v. DEFENDANTS 14. Wemer hereby incorporates by reference its answers to paragraphs 1 through 13 of Plaintiffs' Complaint as if fully set forth at length. 15. Denied. After reasonable investigation, Wemer is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 15. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 16. Denied. It is specifically denied that Wemer and Clay were negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 16 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 16, Werner is without sufficient infonuation, knowledge and belief to , from an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. WHEREFORE, Wemer hereby requests that Count II of Plaintiffs' Complaint be dismissed. NEW MATTER 17. Wemer asserts any and all defenses available to it under the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. Plaintiffs' cause of action is barred by the assured clear distance rule. 19. Werner asserts that it cannot be held liable under the sudden emergency doctrine. WHEREFORE, Wemer requests that Plaintiffs' Complaint be dismissed and judgment be entered in favor of Wemer and against Plaintiffs. FINEMAN & BACH, P.C. October 11, 2002 Attorney for Defendant Wemer Enterprises, Inc. VERIFICATION I, MICHAEL GRAHAM, for Defendant Werner Enterprises, Inc. hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the/foenalties of 18 Pa. C.S. // Section 4904, relating to unsworn falsification to a~orltleS. // MICHAEL GRAHAM FINEMAN & BACH, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorney for Defendant Werner Enterprises, Inc. and Andre E. Clay LINWOOD W. BLIZZARD and JANIS : R. BLIZZARD, h/w : : Plaintiffs : : V. : ANDRE E. CLAY and WERNER : ENTERPRISES, INC. : : Defendants : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIl, ACTION No. 02-2894 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant Andre E. Clay in the above- captioned matter. JURY TRIAL DEMAND TO THE PROTHONOTARy: Demand is hereby made for a jury of twelve (12) people in the above-captioned matter. FINEMAN & BACH, P.C. October 11, 2002 JA~/~Y ~S Attomey for Defendant Wemer Enterprises, Inc. and Andre E. Clay John Brian Frock FROCK & SHIELDS, L.L.P. I.D. #16658 115 East Chestnut Street West Chester, PA 19380 Attorney for Plaintiffs LINWOOD W. BLIZZARD and JANIS R. BLIZZARD, h/w 524 Linwood Street New Cumberland, PA 17070 Plaintiffs ANDRE E. CLAY 2776 N. Congress Road Camden, NJ 08104 and WERNER ENTERPRISES, INC. 19507 Frontier Road Omaha, NE 68138 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2894 REPLY OF PLAINTIFFS TO NEW MATTER BY DEFENDANTS 17. The vague assertion that certain defenses exist under the PaMVFRL is denied. 18. It is denied that the cited role applies or acts as a bar to defendants negligence. 19. It is denied that a sudden emergency existed in this instance, and it is denied that said doctrine allows defendants to avoid liability in this case. Date: //' Atto7 for Plaintiffsflizzard VERIFICATION The undersigned, John Brian Frock is attorney for plaintiffs, Linwood W. And Janis R. Blizzard in the foregoing proceedings, and is taking this affidavit in order to facilitate the filing of the Reply of Plaintiffs to New Matter by Defendants and hereby states that the facts set forth are true and correct to the best of his knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: Attor~'ey for Plaintiffs FINEMAN & BACH, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 TO: PLAINTIFFS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAyNST YOU. Attbtnb~ for I~e~ndants LINWOOD W. BLIZZARD and JANIS R. BLIZZARD, h/w Plaintiffs Vo ANDRE E. CLAY and WERNER ENTERPRISES, INC. Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION No. 02-2894 JURY TRIAL DEMANDED ANSWER AND NEW MATTER COUNT I - LINWOOD BLIZZARD v. DEFENDANTS 1. Denied. After reasonable investigation, Defendant Andre E. Clay (hereinafter referred to as "Andre Clay") is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 1. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 2. Admitted. 3. Admitted. 4. Denied. The allegations contained in paragraph 4 are not addressed to Andre Clay. Therefore, no response is required under the Pennsylvania Rules of Civil Procedure. By way of further answer, Andre Clay was an employee Drivers Management, Inc., a subsidiary of Wemer Enterprises, Inc. (hereinafter referred to as "Wemer"). Andre Clay was driving with thc permission of Wemer at the time of the accident. in paragraph 5. relevant. 6. 5. Denied. After reasonable investigation, Andre Clay is without sufficient information, knowledge and belief to form an opinion as to the troth of the allegations contained Therefore, they are denied. Strict proof is demanded at the time of trial, if Admitted in part; denied in part. It is admitted that on October 26, 2000, Andre Clay was operating a Werner tractor-trailer west on Route 581. It is also admitted that Andre Clay rear-ended plaintiff's car. The remaining allegations contained in paragraph 6 are denied. Strict proof is demanded at the time of trial, if relevant. 7(a-g). Denied. It is specifically denied that Andre Clay was negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 7(a-g) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 7(a-g), Andre Clay is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 8(a-e). Denied. The allegations contained in paragraph 4 are not addressed to Andre Clay. Therefore, no response is required under the Pennsylvania Rules of Civil Procedure. By way of further answer, Andre Clay is without any information to lead him to believe that Wemer was negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 8(a-e) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 8(a-e), Andre Clay is without sufficient information, opiff~on as to the truth of those a~[egafiOnS' There[ore, they axtd belie~ to fo~rn an ~o~edge Wemer Stdct proof is 6emptied at the time of ~a~, if relevant. ~ere negligent or de~ed. 9. De. ed. g is speCifica[~ 6e~ed that ~dre C~a~ or in ~7 respect whatsoever. By ~a7 of ~¢her ~swer, the allega(~onS contained the acted impr~erl7 in p~a~aph 9 ~e conclusions of law to which no response is required under gules of Civ¢ procedure. 10. Denied. ¢ is spedficallY denied that ~dre Clay ~d Wemer were negligent, careless, reckless or acted improperly in ~Y respect whatsoever. B7 wa~ of ~e~ mswer, the allegations contained in p~a~aPh 10 ~e conclusions of law to w~ch no response is required · · Procedure. With reg~d to ~Y factual allegatiOnS under ~e pe~Sylv~a Rules of C~vil ~d becel to contained in p~a~aph 10, ~dre Clay is without sufficient info~ation, ~owledge ¢~ an opinion ~ to the tm~ of those allegationS. Therefore, they ~e de. ed. Strict proof is dem~ded at ~e time of ~al, if rdevant. ~ 1. De. ed. g is specificaBY de. ed that ~dre Clay and Wemer were negligent, c~eless, reckless or acted improperly in ~Y respect whatsoever- By way of ~her ~swer, the allegations contained in p~a~aph 11 are conClusionS of law to which no response is required ~der ~e pe~sYlv~ia Rules of Civ¢ Proced~e. With reg~d to ~Y factual allegations contained in p~a~aph 11, ~dre Clay is without sufficient info~ation, ~owledge ~d becel to ¢~ ~ option as to the ~th of ~ose allegations. ThereCre, they ~e de~ed. Strict proof is dem~ded at the time of ~al, if relevant. 12. De. ed. ¢ is specifically denied that ~dre Clay ~d Wemer were neglige' cardeSs, reckless or acted improperly in ~Y respect whatsoever. By way of ~her allegations contained in para. apb 12 ~e conclusions of law to which no responS under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 12, Andre Clay is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. 13. Denied. It is specifically denied that Andre Clay and Wemer were negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 13 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 13, Andre Clay is without sufficient information, knowledge and belief to form an opinion as to the troth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. WHEREFORE, Andre Clay hereby requests that Count I of Plaintiffs' Complaint be dismissed. COUNT II - JANIS R. BLIZZARD v. DEFENDANTS 14. Andre Clay hereby incorporates by reference his answers to paragraphs 1 through 13 of Plaintiffs' Complaint as if fully set forth at length. 15. Denied. After reasonable investigation, Andre Clay is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained Therefore, they are denied. Strict proof is demanded at the time of trial, if in paragraph 15. relevant. 16. Denied. It is specifically denied that Andre Clay and Wemer were negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 16 are conclusions of law to which no response is required 18. 19. doctrine. under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 16, Andre Clay is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if relevant. WHEREFORE, Andre Clay hereby requests that Count II of Plaintiffs' Complaint be dismissed. NEW MATTER 17. Andre Clay asserts any and all defenses available to him under the Pennsylvania Motor Vehicle Financial Responsibility Law. Plaintiffs' cause of action is barred by the assured clear distance rule. Andre Clay asserts that he cannot be held liable under the sudden emergency WHEREFORE, Andre Clay requests that Plaintiffs' Complaint be dismissed and judgment be entered in favor of Andre Clay and against Plaintiffs. FINEMAN & BACH, P.C. January 15, 2003 Attorney for Defendants VERIFICATION I, ANDRE CLAY, Defendant in the above matter, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsificat~an to authorities~ Dated://~///' ~ A-~qDRE (~LAY//' / // ~ / John Brian Frock FROCK & SHIELDS, L.L.P. I.D. #16658 115 East Chestnut Street West Chester, PA 19380 Attorney for Plaintiffs LINWOOD W. BLIZZARD and JANIS R. BLIZZARD, h/w 524 Linwood Street New Cumberland, PA 17070 Plaintiffs ANDRE E. CLAY 2776 N. Congress Road Camden, NJ 08104 and WERNER ENTERPRISES, INC. 19507 Frontier Road Omaha, NE 68138 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2894 PRAECIPE TO THE PROTHONOTARY: Kindly mark the above matter "Settled, Discontinued and Ended". Attorney for?intiff ESQUII~E