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HomeMy WebLinkAbout02-3389KURT J. HELTON and, JENNIFER HELTON Plalmiffs VS. KEVIN J. PATTON, and JULIE A. KEIFER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: ; : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Date: Writ of Summons shall be issued and forwarded to the Sheriffof Cumberland County. Mark F. Bay~, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 87663 (717) 241-6070 WRIT OF SUMMONS To The Above Named Defendants: Kevin J. Patton 18½ Baltimore Street Mt. Holly Springs, PA 17065 Julie A. Keifer 870 Easy Road Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary o Date: (~ /~/. ~LcOZ_- By: Deputy SHERIFF'S RETURN - REGULAR ~ASE NO: 2002-03389 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HELTON KURT J ET AL VS PATTON KEVIN J ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PATTON KEVIN J the DEFENDANT , at 1527:00 HOURS, on the 22nd day of July at 18 HALF MILE DRIVE 2002 GARDNERS, PA 17324 KEVIN PATTON a true and attested copy of WRIT OF by handing to SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~,~(_ day of /P~othonot ary ' So Answers: R. Thomas Kline 07/24/2002 ROMINGER & BAYLEY D~puty Sheriff SHERIFF,s CASE NO: 2002-03389 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HELTON KURT J ET AL VS PATTON KEVIN J ET AL RETURN - REGULAR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly Sworn according to says, the within WRIT OF SUMMONS was served upon KEIFER JULIE A law, DEFENDANT at 1904:0~ HOURS, at 18___1/2 BALTIMORE STREET MT HOLLY SPRINGS, PA 17065 JULIE KEIFER the on the 2__2n~ day of Jul~ , 2__002 by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing ~e~ attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge 6.00 4.14 .00 10.00 .00 20.14 Sworn and Subscribed to before me this 2______~ day of So Answers: R. Thomas Klin~-~- 07/24/2002 ROMINGER & BAYLEY epu~Sherif~~ 02ITB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne s for Defendants KURT J. I-I~TON AND JEnN~V_a I-I~LTON, PLAINTIFFS VS. I{mrm J. PAtrON ANO JuIz~ A. I~IFER, DEIi~,NDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3389 Civil Term CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO ~ PROTHONOTARY: Please enter a RUI.~ upon plaintiffs to file a C0i~ ~lgi~t v~it.~tin ys hereof or suffer o a u .nt. on Do ald R. Dorer, F-~luim Date: Sep_ tember 6. 2002 Attorney for Defendants RUL~ TO FILE COMPLAINT entered upon the Plointiffs to file a Complaint~herein within 20 days after service hereof or suffer the entry of a Judgaient of Non Pros. 01HB-00139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants KURT J. I-I~.TON AND JEeR VS. J. PATTON AND A. KEIFER, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3389 Civil Term CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular fa'st class mail upon: Date: September 6, 2002 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 Donald R. Dorer, Esquire Attorney for Defendants 02HB-00139 . LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants KURT J. ItmXON A~O Jmwn~a HELTON, PLAINTIF~ VS. K~v'm J. PATTON AND JULm A. KEnqm, DInner. ANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02=3389 Civil Term CIVIL ACTION- LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants Kevin I. Patton and Julie A. Keller. Respectfully submitted, LAW ~~ OF JAC~$/]& SABA Donald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 Date: September 6. 2002 01HBO0139 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants Kmt~ J. H~?o~ A~ ]-I~LTON, PLAINTIFFS VS. ~ J. PATTON AND JvLm A. g~, Dl~lmlo~s IN Tile COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3389 Civil Term CIVIL ACTION= LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy &the attached Entry of Aopearance to be served by regular first class mail upon: Date: September 6, 2002 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 R. Dorer, Esquire Attorney for Defendants KURT J. HELTON and JENNIFER HELTON, as husband and wife Plaintiffs VS. KEV1N J. PATTON, and JULIE A. KIEFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3389 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 properly 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 Phone: (717) 249-3166 KURT J. HELTON and JENNIFER HELTON, as husband and wife Plaintiffs VS. KEVIN J. PATTON, and JULIE A. KIEFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3389 JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiffs, Kurt J. HeRon and Jennifer HeRon, husband and wife, by their attorney, Mark F. Bayley, Esquire, and in support of their Complaint aver as follows: 1. Plaintiff; Kurt J. Helton, is an adult individual residing at 1815 McClures Gap Road, Carlisle, PA 17013. 2. Plaintiff, Jennifer Helton, is an adult individual residing at 1815 McClures Gap Road, Carlisle, PA 17013. 3. Defer~d_a_nt, Julie A. Keifer, is an adult individual believed to be residing at 870 Easy Road, Carlisle, PA 17013. 4. Defendant, Kevin J. Patton, is an adult individual residing at 18 ½ Baltimore Street, Mt. Holly Springs, PA 17065. 5. On or about July 23, 2000, PlaintiffKurt J. Helton was driving an automobile and Plaintiff Jennifer Helton was a passenger in the vehicle traveling south bound on McClures Gap Road. 6. On or about July 23, 2000, Defendant Julie A. Keifer was driving an automobile west bound on Willow Grove Road. 7. At or about the intersecting roads of McClures Gap Road and Willow Grove Road, Plaintiffs were struck by the vehicle driven by Defendant Julie A. Keller. 8. Said vehicle struck Plaintiffs' automobile on the passenger side and as a result of the impact, Plaintiffs' automobile struck a utility pole. 9. Defendant, Kevin J. Patton, was the owner of the vehicle driven by Defendant Julie A. Keller and at the time of the accident, he was a passenger in the vehicle. 10. As a result of the impact by Defendant's vehicle, the Plaintiffs suffered injuries which resulted in the necessity of medical treatment. 11. Said injuries, which were a result of the impact of Defendant's vehicle, caused Plaintiffs severe physical injuries and mental anguish including but not limited to pain and suffering, physical trauma, and emotional distress. COUNT I - NEGLIGENCE JENNIFER HELTON v. JULIE A. KEIFER 12. Previous paragraphs are incorporated by reference. 13. Defendant Keller had a duty to Plaintiff to drive in a reasonably prudent manner. 14. Defendant breached her duty in that: (a) she failed to yield; (b) she failed to stop at the stop sign; (c) she failed to keep an assured clear distance; 2 (d) she failed to keep a careful and diligent watch on the road; (e) at the time of the accident she was negligent per se for violating 75 Pa.C.S.A. 3323(b); and (f) she performed such other acts or omissions as may be revealed in the course of discovery or a trial in this case. 15. Plaintiff sustained injuries which resulted in medical costs, physical, mental and emotional injuries, including pain, suffering, nervousness and the like. 16. Defendant's actions were the direct and proximate cause of Plaintiff's injuries. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT II - LOSS OF CONSORTIUM JENNIFER HELTON v. JULIE A. KEIFER 17. Previous paragraphs incorporated by reference. 18. As a result of Defendant Keifer's negligence, Plaintiff Jennifer Helton has been deprived of the society, companionship, contributions, and consortium of her husband Plaintiff Kurt J. Helton, to her great detriment and loss. 19. As a result of Defendant Keifer's negligence Plaintiff Jennifer Helton has incurred and will in the future incur medical bills and expenses to treat her husband's injuries. 20. As a result of Defenrlant Keifer's negligence, Plaintiffhas suffered a disruption in her daily habits and pursuits and a loss of enjoyment of life. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees· COUNT m NEGLIGENCE/NEGLIGENT ENTRUSTMENT JENNIFER HELTON v. KEVIN J. PATTON 21. Previous paragraphs are incorporated by reference. 22. Defendant Patton knew or should have known that Julie A. Keifer was not a safe driver. 23. Defendant Patton was negligent in entrusting his vehicle to Julie A. Keifer on the day and time in question. 24. Defendant Patton was negligem in his failure to warn Defendant Keller of a danger that he was or should have been aware of. 25. As a result of Defendant Patton's negligence/negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraph 15 of Count I and the same is hereby incorporated by reference. WHEREFORE, Plaintiffrespectfuily requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT IV - LOSS OF CONSORTIUM JENNIFER HELTON v. KEVIN J. PATTON 4 26. Previous paragraphs incorporated by reference. 27. As a result of Defendant Patron's negligence, Plaintiff Jennifer HeRon has been deprived of the society, companionship, contributions, and consortium of her husband Plaintiff Kurt J. Helton, to her great detriment and loss. 28. As a result of Defendant Patton's negligence Plaintiff Jennifer HeRon has incurred and will in the future incur medical bills and expenses to treat her husband's injuries. 29. As a result of Defendant Patton's negligence, Plaintiffhas suffered a disruption in her daily habits and pursuits and a loss of enjoyment of life. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT V - NEGLIGENCE KURT J. HELTON v. JULIE A. KEIFER 30. Previous paragraphs are incorporated by reference. 31. Defendant Keifer had a duty to Plaintiff to drive in a reasonably prudent manner. 32. Defendant breached her duty in that: (a) she failed to yield; (b) she failed to stop at the stop sign; (c) she failed to keep an assured clear distance; (d) she failed to keep a careful and diligent watch on the road; 5 (e) at the time ofthe accident she was negligent per se for violating 75 Pa.C.S.A. 3323(b); and (f) she performed such other acts or omissions as may be revealed in the course of discovery or a trial in this case. 33. Plaintiff sustained injuries which resulted in medical costs, physical, memal and emotional injuries, including pain, suffering, nervousness and the like. 34. Defendant's actions were the direct and proximate cause of Plaintiff's injuries. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court enter an award in his favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT VI - LOSS OF CONSORTIUM KURT J. HELTON v. JULIE A. KEIFER 35. Previous paragraphs incorporated by reference. 36. As a result of Defendant Keifer's negligence, Plaintiff Kurt J. Helton has been deprived of the society, companionship, contributions, and consortium of his wife Plaintiff Jennifer Helton, to his great detriment and loss. 37. As a result of Defendant Keifer's negligence PlaintiffKurt J. Helton has incurred and will in the future incur medical bills and expenses to treat his wife's injuries. 38. As a result of Defendant Keifer's negligence, Plaintiff has suffered a disruption in his daily habits and pursuits and a loss of enjoyment of life. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in his favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT VII NEGLIGENCE/NEGLIGENT ENTRUSTMENT KURT J. HELTON v. KEVIN J. PATTON 39. Previous paragraphs are incorporated by reference· 40. Defendant Patton knew or should have known that Julie A. Keller was not a safe 41. Defendant Patton was negligent in entrusting his vehicle to Julie A. Keifer on the day and time in question· 42. Defendant Patton was negligent in his failure to warn Defendant Keller of a danger that he was or should have been aware of. 43. As a result of Defendant Patton's negligence/negligent entrustment, Plaintiff was damaged as is more fully laid out in paragraph 33 of Count V and the same is hereby incorporated by reference. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in his favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT VIII - LOSS OF CONSORTIUM KURT J. HELTON v. KEVIN J. PATTON 7 44. Previous paragraphs incorporated by reference. 45. As a result of Defendant Patton's negligence, PlaintiffKurt J. HeRon has been deprived of the society, companionship, contributions, and consortium of his wife Plaintiff Jennifer Helton, to his great detriment and loss. 46. As a result of Defendant Patron's negligence Plaintiff Kurt J. Helton has incurred and will in the future incur medical bills and expenses to treat his wife's injuries. 47. As a result of Defendant Patton's negligence, Plaintiffhas suffered a disruption in his daily habits and pursuits and a loss of enjoyment of life. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court enter an award in his favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully submitted, Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. KURT J. HELTON and JENNIFER HELTON, as husband and wife Plaimiffs VS. KEVIN J. PATTON, and JULIE A. KIEFER, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : CIVIL ACTION - LAW : NO. 02-3389 : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Donald R. Dorer, Esquire JACOBS & SABA 214 Senate Avenue Camp Hill, PA 17011 Mark F. Bayley, Esquire Attorney for Plaintiffs 02HB-00139 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kurt J. Helton and Jennifer Helton, as husband and Case No.: 02-3389 Civil Term wife, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants ANSWER WITH NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. AdmiRed. 7.- 11. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §~029(e). COUNT I 12. Paragraph 12 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 13.- 16. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). COUNT II 17. Paragraph 17 is an incorporation by reference paragraph as to which no is required from Answering Defendants. 18.- 20. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). COUNT III 21. Paragraph 21 is an incorporation by reference paragraph as to which no is required from Answering Defendants. 22.- 25. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). .COUNT IV 26. Paragraph 26 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 27.- 29. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. § 1029(e). COUNT V 30. Paragraph 30 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 31.-34. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). COUNT VI 35. Paragraph 35 is an incorporation by reference paragraph as to which no response is required from Answering Defendants. 36.- 38. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. § 1029(e). COUNT VII 39. Paragraph 39 is an incorporation by reference paragraph as to which no is required from Answering Defendants. 40.- 43. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). COUNT VIII 44. Paragraph 44 is an incorporation by reference paragraph as to which no 'esponse is required from Answering Defendants. 45.- 47. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). WHEREFORE, the Defendants respectfully pray this Honorable Court to dismiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendants. NEW MATTER 48. Paragraphs 1 through 47 are incorporated herein by reference, and made a part hereof as if set forth in full. 49. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendants respectfully pray this Honorable Court to dismiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendants. November 11, 2002 Respect~fully submitted, · or , squire Attorney for Defendants Identification No. 39126 02HB-00139 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kurt $. Helton and Jennifer Helton, as husband and Case No.: No. 02-3389 Civil Term wife, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants VERIFICATION I, Julie A. Keifer , verify that the statements made in the foregoing Answer with New Matter of Defendants to Plaintiffs' Complaint , which are within the knowledge of the undersigned, are true and correct, and as to the facts based on the of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the deteJ-s~fination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: ~[/~,5/o ,7~ · ~:~lie A. Keit~er 02HB-00139 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kurt J. Helton and Jennifer Helton, as husband and Case No.: 02-3389 Civil Term wife, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendants to Plaintiff. q' Complaint to be served by regular first class mail upon: November 11, 2002 Mark F. Bayley, Esquire 155 South Hanover S) eet Carlisle, PA 17013 D¢~ald R. Dorer, Esquire Attorney for Defendants 02HB-00139 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL'VANIA Kurt J. Helton and Jennifer Helton, as husband and Ease No.: 02-3389 Civil Term wife, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly file the attached Verification to Answer with New Matter of Defendants to Plaintiffs' Complaint filed with this Court on or about November 13, 2002 in the above referenced matter. Respectfully submitted, LAW~F~ES OF IAC¢/B~& SABA ' ~6nal~R'. D6ref, E~'q~ire Attorney for Defendants; Identification No. 39126 Date December 11, 2002 02HB-00139 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kurt J. Helton and Jennifer Helton, as husband and Case No.: 02-3389 Civil Term wife, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly file the attached Verification to Answer with New Matter of Defendants to Plaintiffs' Complaint filed with this Court on or about November 13, 2002 in the above referenced matter. Date December 11, 2002 Respectfully submitted, LAWn'ES OF ~AC0/B~& SABA Attorney for Defendants Idemification No. 3912,6 r 02HB-00139 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kurt J. Helton and Jennifer Helton, as husband and Case No.: No. 0:2-3389 Civil Term wife, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants VERIFICATION I, Kevin J. Patton, verify that the statements made in the foregoing Answer with New Matter of Defendants to Plaintiffs' Complaint , which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand thai some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attOrneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A §4904, relating to unsworn falsifications to authorities. Kevin J. Patton' 02HB-00139 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kurt J. Helton and Jennifer Helton, as husband and Zase No.: 02-3389 Civil Term wife, Plaintiffs VS. Kevin J. Patton and Julie A. Kiefer, Defendants CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a tree and correct copy of the attached. Praecipe to Attach Verification to Answer with New Matter of Defendants to Plaintiffs' Complaint to be served by regular first class mail upon: Date: December 11, 2002 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 · fl R. D'orer, Esquire Attorney for Defendants KURT J. HELTON and JENNIFER HELTON, as husband and wife, Plaintiffs VS. KEVIN J. PATTON and JULIE A. KEIFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3389 CIVIL JURY TRIAL DEMANDED IN RE: MOTION OF DEFENDANTS TO COMPEL ORDER AND NOW, this 2- o" day of May, 2003, a role is issued on the plaintiffs to show cause why the relief requested in the within motion ought not to be granted. This role returnable twenty (20) days after service. BY THE COURT, A. Hess, J. 02HB-00139 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMPHILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kurt J. Helton and Jennifer Helton, as husband and Ease No.: 02-3389 Civil Term wife, Plaintiffs IURY TRIAL DEMANDED VS. Kevin J. Patton and Julie A. Keifer, Defendants PETITION TO MAKE RULE ABSOLUTE AND NOW, come the Defendants, Kevin $. Patton and Julie A. Keifer, who through their counsel, Donald R. Dorer, Esquire, Jacobs & Associates, Camp Hill, Pennsylvania, respectfully state as follows: 1. On or about May 12, 2003, the Defendants filed Petition of Defendants to Compel Answers to Interrogatories and Request for Production of Documents Addressed to the Plaintiffs. with a tree and correct copy of same being attached hereto as Exhibit "A" and incorporated herein by reference as if more fully set forth (accompanying extfibits to the original filing of this document are omitted). 2. Thereafter, by Order dated May 20, 2003, a Rule: was issued upon the Plaintiffs pursuant to Order of the Honorable Kevin J. Hess to show cause why the relief requested in the Petition of Defendants to Compel Answers to Interrogatories ~td Request for Production of Documents Addressed to the Plaintiffs ought not to be granted. This Rule was returnable twenty (20) days after service. A true and correct copy of the Order of the Honorable Kevin J. Hess dated May 20, 2003 is attached hereto as Exhibit "B" and incorporated herein by reference as if more fully set forth. 3. By certified letter dated May 23, 2003, the Order of the Honorable Kevin J. Hess dated May 20, 2003, attached hereto as Exhibit "B", was served upon counsel for the Plaintiffs by certified mail. A true and correct copy of the letter of May 213, 2003 to counsel for the Plaintiffs, together with attached domestic return receipt card signed on May 25, 2003, is attached hereto as Exhibit "C" and incorporated herein by reference as if mom fully set forth herein. 4. No answer or other response has been filed to Petition of Defendants to Compel Answers to Interrogatories and Request for Production of Docmnents Addressed to the Plaintiffs by the Plaintiffs to date pursuant to the Rule to Show Cause issued by this Honorable Court. WHEREFORE, for the foregoing masons, this Honorable Court is requested to make absolute the Rule to Show Cause issued by the Honorable Kevin J. Hess on May 20, 2003, which Order was previously attached hereto as Exhibit "B", and to order and compel that the Plaintiff provide full and complete responses to the Defendants Interrogatories and Request for Production of Documents as previously set forth in the Petition of Defendants to Compel Answers to Interrogatories and Request for Production of Documents addressed to the Plaintiffs filed with this Honorable Court on May 12, 2003, and/or to grant such other and further relief as may appear just to the Court under the circumstances. Date: June 13, 2003 Respectfully submitted, LA/W~/t~Z~ ES 0fl JA~{"B~/; ASSOCIATES ~ald R. Dorer, Esqu~e Attorney for Defenders Identifi~tion No. 39126 02HB-00139 LAW OFFICES OF JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUblBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA2~'IA Kurt J. Helton and Jennifer Helton, as husband and wife, Plaintifi~ VS. Kevin J. Patton and Julie A. Keifer, Defendants Case No.: 02-3389 CMl Term JURY TRIAL DEM &NDED PETITION OF DEFENDANTS TO COMPEL ANSWERS TO ]NTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO THE PLAINTIFFS AND NOW, come the Defendants, Kevin J. Patton and Jutie A. Keifer, who through their counsel Donald R. Dorer, Esquire, Jacobs & Saba, Camp H!ll, Pennsylvania, respectfully state as follows: 1. The above referenced matter was commenced by II-e filing of a Writ of Summons on or about July 17, 2002, with a true and correct co?3 of same being attached hereto as Exhibit "A". The Plaintiffs filed a Complaint on or about September 25, 2002, a true and correct copy of same attached hereto as Exhibit "B". 2. The Defendants filed Answer with New Matter of Defendants to Plaintiffs' Complaint on or about November 13, 2002, with a true and correct copy of same being attached hereto as Exhibit "C". 3. The Defendants served Interrogatories and Request for Production of Documents Addressed to the Plaintiffs under cover of a letter dated September 6, 2002 by counsel for the Defendants to counsel for the Plaintiffs. A true and correct copy of the letter of September 6, 2002, and the enclosed Interrogatories and Request for Production of Documents Addressed to the Plaintiffs, are attached hereto as Exhibit "D". 4. By letter dated December 17, 2002, counsel for the Defendants inquired of counsel for the Plaintiffs as to when responses to the Interrogatories and Request for Production of Documents served on or September 6, 2002 may be expected, with a true and correct copy of the letter of December 17, 2002 being attached hereto as Exhibit "E". No response has been forthcoming from Plaintiffs' counsel. 5. The Interrogatories and Request for Production of Documents served upon the i Plaintiffs, and previously &ttfiched as Exhibit "D", are routine and appropriate written discovery requests in a case involving a claim for personal injury allegedly arising out of a motor vehicle collision. 6. To date, the Plaintiffs have failed to serve any responses to the Interrogatories and Request for Production of Documents Addressed to the Plaintiffs, previously attached hereto as Exhibit "D", nor have any objections been lodged by the Plaintiffs, or their counsel, with regard to the aforesaid discovery requests. 7. The failure of the Plaintiffs to provide full and corr~plete responses to the Interrogatories and Request for Production of Documents Addressed to the Plaintiffs, previously attached hereto as Exhibit "D", is hindering and prejudicing the ability of the Defendants to evaluate the merits of the claim of the Plaintiffs with regard to either settlement opportunities, or for expeditious trial preParation. WHEREFORE, this Honorable Court is respectfully requested to order and compel the Plaintiffs to provide fulI and complete responses to the Interrogatnries and Request for Production of Documents, previously attached hereto as Exhibit "D", within thirty (30) days hereof, and to grant such other and further relief as may appear just to the Court under the circumstances. Respectfully submitted, /~ / ~ SABA LAW OF,,F/ICES OF JACOB/~ & By: ~ ~k/./ L/ ~'-"- - Donald R. Dorer, Esquire Attorney for Defendants Identification No. 39126 Date: May 8, 2003 KURT J. HELTON and JENNIFER : HELTON, as husband and wife, Plaintiffs VS. KEVIN J. PATTON and JULIE A. KEIFER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3~89 CIVIL JIJRY TPdAL DEMANDED IN RE: MOTION OF DEFENDANTS TO COMPEL ORDER AND NOW, this 2 o" day of Ma5', 2003, a rule is issued on the plaintiffs to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. · : BY THE COURT, / Ke/~ A. Hess, J. DONAI.DR DORER GIILARD E. RICKARDS* JOANNE E. KINZEL LAW O~FICE$ JACOBS & SABA 214 SENATE AVENUE, SUITE 503 CA,MP HILL, PA 17011 (717) 731-0988 (FAX) (717) 731-0987 PAlLS. LEGALS DENISE E. KAUFFMAN CHRISTINA M. DALLY Refer To: 02HB-00139 May 23, 2003 CERTIFIED MAIL Mark F. Bayley, Esqnire 155 South Hanover Street Carlisle, PA 17013 Re: Kurt J. Helton and Jennifer Helton vs. Kevin J. Patton and Julie A. Keifer Cumberland County: No. 02-3389 Civil Term Dear Mr. Bayley, . . Enclosed please find the Order issued by Judge Hess dated May 20, 2003, with regard to the above referenced matter. Thank you for your attention. Sincerely yours, / 'Donald R. l~orer DRD:dek Enclosure bc: '~ Angela Aloise Claim Number: 58 37 C 714840 7/23/00 01 Insured: Kevin J. Patton 29h5 602g ~000 0h6~ ~008 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~icle'Addmss~to: 02HB-00139 Mark F. Bayley, Esquire 155 ~outh Hanover Street Carlisle, PA 17013 Receiv6d by (P/ease Print Clearly) B. Date of Delivery C. Signature F~[~Agent ~-~' i"-I Addressee fromiteml? [] Yes If YES, enter delivery address below: [] No 2, Article Number (Copy from service label) 3. Service Type L~Dertified Mail r-I Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail ~] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7001 1940 0005 8709 5462 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 02HB-00139 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP I'I1LL, ]PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kurt J. Helton and Jennifer Helton, as husband and Ease No.: 02-3389 Civil Term wife, Plaintiffs FuRY TRIAL DEMANDED VS. Kevin J. Patton and Julie A. Keifer, Defendants CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a true and correct copy of the attached Petition to Make Rule Absolute to be served by regular first class mail upon: Date: June 13, 2003 Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 / Donald R. Dorer, Esqmre Attorney fbr Defendants 02HB-00139 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS IN THE COURT OF COMMON pLEAS CUMBERLAND COUNTY, PENNSYLVANIA Kart J. Helton and Jennifer Helton, as husband and wife, Plaintiffs VS. Kevin J. Patton and Julie A. Keller, Defendants Case No.: 02-3389 Civil Term IURY TRIAL DEMANDED ORDER OF COURT AND NOW, this ! ~1 ° .day of (/~ ~- ,2003, upon c the Rule issued by this Court on May 20, 2003 is hereby made absolute and it is hereby ORDERED and DIRECTED that the Plaintiffs are hereby compelled to provide full and complete responses to the Interrogatories and Request for Production of Documents Addressed to the Plaintiffs within thirty (30) days hereof. BY THE COURT: KURT J. HELTON and JENNIFER HELTON, as husband and wife Plaintiffs KEVIN J. PATTON, and JULJE A. KIEFER, Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA ' CIVIL ACTION - LAW : NO. 02-3389 : JURY TRIAL DEM,adqDED PRAECIPE TO MARK SETTLED AND DI[SCONTINUED Please kindly mark the above captioned action settled and discontinued. Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 cc. Donald R. Dorer, Esquire